MARIBOCARES.ORG TERMS OF USE
The following terms and conditions govern all use of the Maribocares.org (“The Website”) and all content, services and products available at or through the Website. The Website is
owned and operated by Maribo Cares, LLC, (“Maribo Cares”). The Website is offered subject to your acceptance modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Maribo Cares’ Privacy Policy) and procedures that may be published from time to time on this Site by Maribo Cares (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Maribo Cares, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you contribute to the blog, comment on the blog,
post material to the Website, post links on the Website, or otherwise make (or
allow any third party to make) material available by means of the Website (any
such material, “Content”), You are entirely responsible for the Content of, and any
harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, video file, or computer
software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party; - if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available
the Content, including but not limited to any software, or (ii) secured from
your employer a waiver as to all rights in or to the Content; - you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through to
end users any required terms; - the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content; - the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);o the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; - your blog is not getting advertised via unwanted electronic messages such
as spam links on newsgroups, email lists, other blogs and web sites, and
similar unsolicited promotional methods;
o your blog is not named in a manner that misleads your readers into thinking
that you are another person or company. For example, your blog’s URL or
name is not the name of a person other than yourself or company other than
your own; and - you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Maribo Cares or otherwise.
By submitting Content to Maribo Cares for inclusion on the Website, you grant
Maribo Cares a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your Content. If you delete Content, Maribo Cares will
use reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Maribo Cares has the
right (though not the obligation) to, in Maribo Cares’ sole discretion (i) refuse or
remove any Content that, in Maribo Cares’ reasonable opinion, violates any Maribo
Cares policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Maribo Cares’ sole discretion. Maribo Cares will have no obligation to provide a
refund of any amounts previously paid.
2. Responsibility of Website Visitors. Maribo Cares has not reviewed, and cannot
review, all of the material, including computer software, posted to the Website, and
cannot therefore be responsible for that material’s content, use or effects. By
operating the Website, Maribo Cares does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. Maribo Cares disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading by those
visitors of Content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all
of the material, including computer software, made available through the websites
and webpages to which Maribocares.org links, and that link to Maribocares.org.
Maribo Cares does not have any control over these websites and webpages, and is
not responsible for their contents or their use. By linking to a non-Maribo Cares
website or webpage, Maribo Cares does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. Maribo Cares disclaims any
responsibility for any harm resulting from your use of non-Maribo Cares websites
and webpages.
4. Copyright Infringement and DMCA Policy. As Maribo Cares asks others to respect
its intellectual property rights, it respects the intellectual property rights of others.
If you believe that material located on or linked to by Maribocares.org violates
your copyright, you are encouraged to notify Maribo Cares in accordance
with Maribo Cares’ Digital Millennium Copyright Act (“DMCA”) Policy. Maribo
Cares will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing material.
Maribo Cares will terminate a visitor’s access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of Maribo Cares or others. In the
case of such termination, Maribo Cares will have no obligation to provide a refund
of any amounts previously paid to Maribo Cares.
5. Intellectual Property. This Agreement does not transfer from Maribo Cares to you
any Maribo Cares or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely with
Maribo Cares. Maribo Cares, Maribocares.org, and the Maribocares.org logo, and
all other trademarks, service marks, graphics and logos used in connection with the
Website are trademarks or registered trademarks of Maribo Cares. Other
trademarks, service marks, graphics and logos used in connection with the Website
may be the trademarks of other third parties. Your use of the Website grants you
no right or license to reproduce or otherwise use any Maribo Cares or third-party
trademarks.
6. Changes. Maribo Cares reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Maribo Cares may also, in the future, offer new
services and/or features through the Website (including, the release of new tools
and resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
7. Termination. Maribo Cares may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your Maribocares.org
account (if you have one), you may simply discontinue using the Website. Maribo
Cares can terminate the Website immediately as part of a general shut down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is”. Maribo Cares and its
suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness for
a particular purpose and non-infringement. Neither Maribo Cares nor its suppliers
and licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the Website at
your own discretion and risk.
9. Limitation of Liability. In no event will Maribo Cares, or its suppliers or licensors,
be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or corruption of data; or (iv)
for any amounts that exceed the fees paid by you to Maribo Cares under this
agreement during the twelve (12) month period prior to the cause of action.
Maribo Cares shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your
use of the Website will be in strict accordance with the Maribo Cares Privacy
Policy with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property rights of any
third party.
11. Indemnification. You agree to indemnify and hold harmless Maribo Cares, its
contractors, and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between Maribo
Cares and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of Maribo
Cares, or by the posting by Maribo Cares of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or use of
the Website will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and federal courts
located in Orange County, California. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under this
Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”)
by three arbitrators appointed in accordance with such Rules. The arbitration shall
take place in Orange County, California, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining portions will
remain in full force and effect. A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, will not waive such term
or condition or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; Maribo Cares may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
