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| Tabblo Terms of Service |
By using the Tabblo web site, a service of Tabblo, located at www.tabblo.com, you agree to be bound by the following "Terms of Service":
- You represent that you are 13 years or older.
- You accept sole responsibility for all of your activities on the site, including your conduct on the site and any and all content you may submit, post or share via Tabblo.
- You accept sole responsibility for keeping your password secure.
- You will not upload, post, email, transmit or otherwise make available any photos or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful;
- You will not harass, threaten, abuse or harm other Tabblo users in any way.
- You will not use the Tabblo service for any unauthorized or illegal purpose.
- You will be responsible for ensuring that you do not violate any laws of your jurisdiction (this includes international users), including but not limited to copyright laws.
- You will not upload or transmit viruses, worms or any other destructive code.
- While Tabblo is not responsible for and does not review the images, graphics, video, audio files, messages, blogs, text or other content or materials (collectively "Submissions") provided by Tabblo users, Tabblo reserves the right to delete Submissions that Tabblo deems, in its sole discretion, unacceptable for any reason.
- Tabblo does not claim any intellectual property rights over the Submissions you submit on Tabblo, with the exception of a limited right, granted by you, consisting of a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. Your physical or electronic sharing of your Submissions with others constitutes permission for reprinting by the recipient. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the Tabblo web site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Tabblo web site and Service.
- You certify that your Submissions do not fall into any of the following categories:
- Threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Material that could infringe rights of privacy, publicity, copyrights or any other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
- Material that promotes bigotry, racism, hatred, or harm against any individual or group.
- Tabblo makes no representation that it can protect its users from exposure to offensive material. Tabblo will not be liable for the content of any user Submission and expressly disclaims all liability relating thereto.
- Tabblo respects the intellectual property of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that infringes your copyrights, please email us at abuse@tabblo.com and provide all relevant details.
- If you post images hosted on Tabblo to any other site, you must provide a link from the image back to Tabblo to the extent permitted by such other site.
- All images, graphics, video, audio files, text, software and other materials provided by or accessed through Tabblo web site are protected by copyright and other laws of the United States and foreign countries. You may not copy or distribute such content without the copyright owner's consent and license. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not violate the terms of such copyright owner�s consent and license to you or remove any copyright or other proprietary rights notices contained in the materials.
- Tabblo reserves all right, title and interest in and to the Tabblo web site and Service is and will remain the exclusive property of Tabblo and its licensors. This web site and Service are subject to the copyright, trademark and other laws of the United States and foreign countries.
- Tabblo may link the Tabblo web site to, or third parties may provide, links to third party web sites and materials. Tabblo has no control over such sites and materials. You acknowledge and agree that Tabblo is not responsible for the availability of such external sites or materials, and does not endorse and is not responsible or liable for any content, software, advertising, products or other materials on or available from such sites or materials. You further acknowledge and agree that Tabblo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such images, content, software, goods or services or other material available on or through such third party web sites and materials.
- You agree to indemnify, defend and hold Tabblo, our officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Tabblo service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney�s fees, resulting from (i) any violation of these Terms of Service, or any activity related to access to or use of your account (including negligent and wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Tabblo disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in the Tabblo service. Tabblo disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any photos, contents, information or other material. Tabblo disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Tabblo service.
THE TABBLO SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE TABBLO SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TABBLO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TABBLO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TABBLO SERVICE. TABBLO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE TABBLO SERVICE. TABBLO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TABBLO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TABBLO SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE TABBLO SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE TABBLO SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL TABBLO OR ITS LICENSORS BE LIABLE TO ANY USER DUE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TABBLO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TABBLO SERVICE, FROM INABILITY TO USE THE TABBLO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TABBLO SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TABBLO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TABBLO SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE TABBLO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TABBLO SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE TABBLO SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE TABBLO SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Tabblo or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Violation of the Terms of Service will result in the termination of your Tabblo account.
- Tabblo reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that Tabblo may from time to time upon prior written notice to you change the services offered, including, without limitation, establish general practices and limits concerning use of the Service the maximum number of days or maximum amount of Submissions will be retained by the Service, the amount and frequency that Submissions may be sent from or received by an account on the Service, the maximum size of any Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Tabblo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and charge for services that Tabblo may have previously offered without charge. You agree that Tabblo has no responsibility or liability for the deletion or failure to store any Submissions and other content or materials maintained or transmitted by the Service. You further acknowledge that Tabblo reserves the right to modify these general practices and limits from time to time.
- Tabblo reserves the right to update, alter or modify these "Terms of Service" at any time. You will be notified via email of any material change (as determined by Tabblo) in the terms of service.
- These Terms of Service constitute the entire agreement between you and Tabblo and governs your use of the Tabblo service, superseding any prior agreements between you and Tabblo with respect to the Tabblo service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tabblo services, affiliate services, third-party content or third-party software.
- These Terms of Service and the relationship between you and Tabblo shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Tabblo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
- If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
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