Humanbook: Humanbook Terms of Service

Humanbook Terms of Service

1. ACCEPTANCE OF TERMS.

Humanbook provides services subject to the following Terms of Service (TOS). By using the site, you agree to these terms of service. As long as you comply with these Terms of Service, HumanBook grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of HumanBook. HumanBook reserves the right, in its sole discretion, to reject, refuse to post any posting by you or to restrict or terminate your access to the Site and its services at any time and for any reason.

2. MODIFICATION OF TERMS.

HumanBook reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

3. MEMBERSHIP AND USAGE.

By using the HumanBook Services, you represent and warrant that:

- a) all information you submit is truthful and accurate;

- b) you will maintain the accuracy of such information;

- c) you are 15 years of age or older;

- d) your use of the HumanBook Services does not violate any applicable law or regulation.

4. CONTENT.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You represent and warrant that you own the Content posted by you on or through HumanBook services or otherwise have the right to grant the license and the posting of your Content on the HumanBook does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to HumanBook. You understand that HumanBook does not control, and is not responsible for Content made available through the HumanBook, and that by using the HumanBook, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the HumanBook site and Content available through the Service may contain links to other websites, which are completely independent of HumanBook. HumanBook makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HumanBook be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the HumanBook web site. You acknowledge that HumanBook does not pre-screen or approve Content, but that HumanBook shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the HumanBook web site, for violating this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason.

5. PROPRIETARY RIGHTS OF CONTENT.

HumanBook does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post on the HumanBook web site. After posting your Content to HumanBook, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose and set appropriate Content sharing rights and privileges. By displaying or publishing any Content on HumanBook, you hereby grant to HumanBook a limited, non-exclusive, license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the HumanBook Services. This license will terminate at the time you remove your Content from HumanBook. The license does not grant HumanBook the right to sell your Content, nor does the license grant HumanBook the right to distribute your Content outside of HumanBook services.

6. PROPRIETARY RIGHTS OF HUMANBOOK CONTENT.

HumanBook.com contains Content created by HumanBook or licensed from others. This Content is protected by copyright, trademark, patent, trade secret and other laws, and HumanBook owns and retains all rights in the HumanBook Content. HumanBook hereby grants you a limited, revocable, nonexclusive license to reproduce and display the HumanBook Content (excluding any software code) solely for your personal use in connection with viewing the HumanBook.com web site and using the HumanBook services.

HumanBook contains Content of Users and other HumanBook licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the HumanBook.com web site

7. POSTINGS PROHIBITION.

HumanBook prohibits the following Content posting:

a) postings that are patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any individual;

b) postings that harass or advocate harassment of others;

c) postings that contain nudity, violence, or offensive subject matter;

d) postings that promote information that is known to be false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

e) postings that promote any criminal activity;

f) postings that involve commercial activities and/or sales without written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, or linking to other commercial web-sites.

8. CONDUCT PROHIBITION.

HumanBook prohibits the following conduct:

a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b) collect personal data about other users for commercial or unlawful purposes or without their consent;

c) advertise or solicit users to buy or sell any products or services on HumanBook;

e) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or copy data from the Service;

f) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the HumanBook web site;

g) attempt to impersonate another user or person;

h) attempt to gain unauthorized access to other users' account;

i) conduct in a manner that violates applicable laws and regulations.

9. PRIVACY.

Usage of the HumanBook web site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our staff for notice of claims of copyright or other intellectual property infringement, at copyrightabuse@humanbook.com

or:

HumanBook, Inc.

PO Box 81362

Wellesley Hills, MA 02481

Please provide us the following information:

a) Identify the material on the HumanBook web site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address;

e) Your physical or electronic signature.

HumanBook will remove the infringing posting(s), according to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

11. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT USE OF THE HUMANBOOK WEB SITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE HUMANBOOK WEB SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF INCORRECT OR INACCURATE CONTENT POSTED ON THE HUMANBOOK WEB SITE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HUMANBOOK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HUMANBOOK WEB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HUMANBOOK WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ITS SERVICES. HUMANBOOK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION.

12. LIMITATIONS OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL HUMANBOOK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HUMANBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HUMANBOOK WEB SITE OR ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HUMANBOOK WEB SITE OR ITS SERVICES, FROM INABILITY TO USE THE HUMANBOOK WEB SITE OR ITS SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HUMANBOOK WEB SITE OR ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ITS SERVICES OR ANY LINKS ON THE HUMANBOOK WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ANY LINKS ON THE HUMANBOOK WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. INDEMNITY.

You agree to indemnify and hold HumanBook, its officers, subsidiaries, Affiliates, successors, assigns, directors, officers, agents, service Providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the HumanBook web site, your use of the HumanBook web site, your violation of the TOS, your Breach of any of the representations and warranties herein, or your Violation of any rights of another.

14. GENERAL INFORMATION

The TOS constitute the entire agreement between you and HumanBook and govern your use of the HumanBook web site, superseding any prior agreements between you and HumanBook. The TOS and the relationship between you and HumanBook shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and HumanBook agree to submit to the Personal and exclusive jurisdiction of the courts located within the Suffolk county of Massachusetts. The failure of HumanBook to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We welcome your questions and comments on this document at "contact us" section of HumanBook.com

This TOS was last updated on January 18, 2008.

		Humanbook Terms of Service 1. ACCEPTANCE OF TERMS. Humanbook provides services subject to the following Terms of Service (TOS). By using the site, you agree to these terms of service. As long as you comply with these Terms of Service, HumanBook grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of HumanBook. HumanBook reserves the right, in its sole discretion, to reject, refuse to post any posting by you or to restrict or terminate your access to the Site and its services at any time and for any reason. 2. MODIFICATION OF TERMS. HumanBook reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. 3. MEMBERSHIP AND USAGE. By using the HumanBook Services, you represent and warrant that: - a) all information you submit is truthful and accurate; - b) you will maintain the accuracy of such information; - c) you are 15 years of age or older; - d) your use of the HumanBook Services does not violate any applicable law or regulation. 4. CONTENT. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You represent and warrant that you own the Content posted by you on or through HumanBook services or otherwise have the right to grant the license and the posting of your Content on the HumanBook does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to HumanBook. You understand that HumanBook does not control, and is not responsible for Content made available through the HumanBook, and that by using the HumanBook, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the HumanBook site and Content available through the Service may contain links to other websites, which are completely independent of HumanBook. HumanBook makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HumanBook be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the HumanBook web site. You acknowledge that HumanBook does not pre-screen or approve Content, but that HumanBook shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the HumanBook web site, for violating this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. 5. PROPRIETARY RIGHTS OF CONTENT. HumanBook does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post on the HumanBook web site. After posting your Content to HumanBook, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose and set appropriate Content sharing rights and privileges. By displaying or publishing any Content on HumanBook, you hereby grant to HumanBook a limited, non-exclusive, license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the HumanBook Services. This license will terminate at the time you remove your Content from HumanBook. The license does not grant HumanBook the right to sell your Content, nor does the license grant HumanBook the right to distribute your Content outside of HumanBook services. 6. PROPRIETARY RIGHTS OF HUMANBOOK CONTENT. HumanBook.com contains Content created by HumanBook or licensed from others. This Content is protected by copyright, trademark, patent, trade secret and other laws, and HumanBook owns and retains all rights in the HumanBook Content. HumanBook hereby grants you a limited, revocable, nonexclusive license to reproduce and display the HumanBook Content (excluding any software code) solely for your personal use in connection with viewing the HumanBook.com web site and using the HumanBook services. HumanBook contains Content of Users and other HumanBook licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the HumanBook.com web site 7. POSTINGS PROHIBITION. HumanBook prohibits the following Content posting: a) postings that are patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any individual; b) postings that harass or advocate harassment of others; c) postings that contain nudity, violence, or offensive subject matter; d) postings that promote information that is known to be false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; e) postings that promote any criminal activity; f) postings that involve commercial activities and/or sales without written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, or linking to other commercial web-sites. 8. CONDUCT PROHIBITION. HumanBook prohibits the following conduct: a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; b) collect personal data about other users for commercial or unlawful purposes or without their consent; c) advertise or solicit users to buy or sell any products or services on HumanBook; e) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or copy data from the Service; f) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the HumanBook web site; g) attempt to impersonate another user or person; h) attempt to gain unauthorized access to other users' account; i) conduct in a manner that violates applicable laws and regulations. 9. PRIVACY. Usage of the HumanBook web site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 10. NOTIFICATION OF CLAIMS OF INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our staff for notice of claims of copyright or other intellectual property infringement, at copyrightabuse@humanbook.com or: Copyright Abuse HumanBook, Inc. PO Box 81362 Wellesley Hills, MA 02481 Please provide us the following information: a) Identify the material on the HumanBook web site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; e) Your physical or electronic signature. HumanBook will remove the infringing posting(s), according to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE HUMANBOOK WEB SITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE HUMANBOOK WEB SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF INCORRECT OR INACCURATE CONTENT POSTED ON THE HUMANBOOK WEB SITE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HUMANBOOK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HUMANBOOK WEB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HUMANBOOK WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANBOOK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ITS SERVICES. HUMANBOOK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. 12. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL HUMANBOOK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HUMANBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HUMANBOOK WEB SITE OR ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HUMANBOOK WEB SITE OR ITS SERVICES, FROM INABILITY TO USE THE HUMANBOOK WEB SITE OR ITS SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HUMANBOOK WEB SITE OR ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ITS SERVICES OR ANY LINKS ON THE HUMANBOOK WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HUMANBOOK WEB SITE OR ANY LINKS ON THE HUMANBOOK WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 13. INDEMNITY. You agree to indemnify and hold HumanBook, its officers, subsidiaries, Affiliates, successors, assigns, directors, officers, agents, service Providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the HumanBook web site, your use of the HumanBook web site, your violation of the TOS, your Breach of any of the representations and warranties herein, or your Violation of any rights of another. 14. GENERAL INFORMATION The TOS constitute the entire agreement between you and HumanBook and govern your use of the HumanBook web site, superseding any prior agreements between you and HumanBook. The TOS and the relationship between you and HumanBook shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and HumanBook agree to submit to the Personal and exclusive jurisdiction of the courts located within the Suffolk county of Massachusetts. The failure of HumanBook to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. We welcome your questions and comments on this document at "contact us" section of HumanBook.com This TOS was last updated on January 18, 2008.