
Acceptance of Terms
These terms of use cover the website maintained by ICanBook LLC (“ICanBook”) at www.icanbook.com (the “Website”). By using the Website you ("you" or "your") agree that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below ("Terms of Use"). If you do not agree to these Terms of Use, do not use or access the Website. ICanBook reserves the right to change these Terms of Use from time to time and at its sole discretion. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time www.icanbook.com/terms.
Privacy Policy
Your use of the Website is governed by the ICanBook Privacy Policy located at www.icanbook.com/privacy, which is incorporated by this reference. You agree to our collection, use and sharing of your information as set forth in the ICanBook Privacy Policy.
Licenses and Site Access
ICanBook grants you a limited license to make personal use of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ICanBook or any third party.
User Conduct
You agree that you will not use the Website to upload, post, or otherwise distribute or facilitate distribution of any material that (1) is libelous, defamatory or slanderous; (2) is sexually suggestive or contains explicit sexual content (including nudity); (3) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) does or may threaten, abuse, harass, or invade the privacy of any third party; (5) infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights; (6) condones, promotes, contains or links to cracks, hacks or similar utilities or programs; (7) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (8) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; or (9) violates any applicable law or these Terms of Use. You agree that you will not collect information about third parties via the Website or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory, without our prior written consent.
ICanBook respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, ICanBook may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, ICanBook does not ensure that any such content will be edited or removed. ICanBook may terminate the Website service to users who infringe the intellectual property rights of others.
All Website materials and the selection and arrangement thereof are Copyright © 2006 ICanBook LLC. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ICanBook or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on the Website for personal, noncommercial and informational use only; provided that you may not, without the permission of ICanBook or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
If you believe that ICanBook or any user of our site has infringed your copyright in any material way, please notify ICanBook's Copyright Agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have been infringed.
- An identification of the material that you claim is infringing so that we may locate it on the Website.
- Your address, telephone number and email address.
- 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.
- A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
ICanBook's Copyright Agent is N. Khan and can be reached at this address ICanBook LLC, 8600 Brodie Ln # 113, Austin, TX 78745.
Trademarks
ICanBook, ICanBook.com graphics, logos, product names and service names are trademarks of ICanBook LLC. Except as specifically permitted herein, these trademarks may not be used without the prior written permission from ICanBook LLC. ICanBook trademarks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits ICanBook. All other trademarks, registered trademarks, product names and company names or logos not owned by ICanBook that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ICanBook.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to this ICanBook Website provided such link does not portray ICanBook or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a ICanBook logo or other proprietary graphic or trademark of ICanBook to link to the ICanBook Website without the express written permission of ICanBook LLC.
DISCLAIMER OF WARRANTIES
ICANBOOK PROVIDES THE WEBSITE AND ALL SERVICES AND INFORMATION RELATED THERETO ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICANBOOK, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ICANBOOK DOES NOT WARRANT THAT THE WEBSITE OR ITS INFORMATION WILL BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; MEET YOUR REQUIREMENTS; OR OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK.
EXCLUSION OF DAMAGES
ICANBOOK, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ICANBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION ON LIABILITY
IN NO EVENT WILL ICANBOOK'S LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE EXCEED $10.00.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, ICANBOOK'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU.
THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE WEBSITE ARE NOT CONTROLLED BY ICANBOOK. ACCORDINGLY, ICANBOOK MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY ICANBOOK.
YOU ACKNOWLEDGE THAT ICANBOOK DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ICANBOOK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
Indemnification
You will indemnify and hold harmless ICanBook and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at ICanBook's option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Website or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify ICanBook, ICanBook may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of ICanBook.
Termination
In its sole and absolute discretion, with or without notice to you, ICanBook may suspend or terminate your use of the Website. You ay terminate your use of the Website for any reason by emailing ICanBook at unsubscribe@icanbook.com. ICanBook shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Website.
These Terms of Use and the relationship between you and ICanBook shall be governed by the laws of the United States and the State of Texas without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Austin, Texas, and you irrevocably consent to the personal jurisdiction of such courts. No failure or delay by ICanBook in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will 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, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without ICanBook’s prior written consent.
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