Terms of Service
ACCEPTANCE OF TERMS OF SERVICE
The MerryBooks.net website (the “Service”) is operated by SparkleMob, LTD (“Service Provider” or “we” or “us”). These Terms of Service ("Terms") govern your access to and use of the Service, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service and/or registration to be a Member for the Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation.
1. Warranties You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content does not violate any copyright law, or other intellectual property law, (iii) the posting and use of your Content does not violate any criminal statute, and (iv) the Content is not disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, sexually explicit, spam, marketing, promotion of any product or service, fraudulent, threatening, harassing, defamatory, and (v) the Content does not disclose private or personal matters concerning any person;
2. Ownership. You retain the rights to your copyrighted Content or information that you submit to the Service except as described below. By submitting Content to the Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
3. Removal of Content. The Service Provider reserves the right to remove any Content from the Service.
WARRANTY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE PROVIDER DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SERVICE SHOULD THE SERVICE PROVE DEFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF THE SERVICE PROVIDER SHALL CREATE A WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE TERMS.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will the Service Provider or its suppliers be liable for any damages, whatsoever, whether direct, indirect, special, incidental, or consequential damages, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the Service, or arising out of this agreement, even if the Service Provider or its representatives has been advised of the possibility of such damages.
You agree to indemnify and hold the Service Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Service, your violation of any terms or conditions of the Service, your violation of applicable laws, or your violation of any rights of another person or entity.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
Effective date: July 5, 2015