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Terms of Service
1. iLeonardo™
2. Privacy
3. Proprietary Rights
4. Use of Service
5. Content; Copyright or Intellectual Property Infringement Notification
6. Termination of Services
7. Disclaimer of Warranties
8. Limitation of Liabilities; Indemnification
9. Term and Termination
10. Amendment
11. Miscellaneous
1. iLeonardo™
iLeonardo™ is an Internet Services (the "Services") owned and operated
by Notebookz.com, Inc. ("Notebookz.com"). By accessing or using any of
the Services associated with or provided through www.iLeonardo.com, you
expressly agree to be bound by the following terms and conditions of
these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES; AND YOU MAY
NOT ACCESS OR USE ANY PORTION OF WWW.ILEONARDO.COM.
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2. Privacy
(a) General. You agree and acknowledge that you have no
expectation of privacy with respect to the Internet in general. For
more information on Notebookz.com's privacy policy, please visit http://ileonardo.com/splash/policy.php.
(b) Children's Online Privacy Protection Act of
1998. In compliance with the Children's Online Privacy Protection Act
of 1998, Notebookz.com does not accept membership registrations from
user under the age of 13 years. By registering to access the Service,
you represent that you are at least 13 years old.
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3. Proprietary Rights
Notebookz.com owns and retains all rights in the Service, the
www.iLeonardo.com website and all contents contained therein, which
contains proprietary information that is protected by applicable
intellectual property laws and other laws. Your access to the Services
is licensed and not sold. Provided that you agree to be bound by the
terms and conditions of these Terms of Service, Notebookz.com agrees to
provide you with a personal, non-transferable and non-exclusive account
enabling you to access and use the Services for non-commercial
purposes. You may not copy, modify, transmit, distribute, publish,
perform, display, or sell any of Notebookz.com's proprietary
information.
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4. Use of Service
(a) Use of the Services is limited to noncommercial,
personal, and private use only. Any use for commercial gain is
expressly prohibited. You agree that from time to time the Services may
be inaccessible or inoperable for any reason.
(b) You agree to be solely responsible for any
authorized or unauthorized access to your account by any person. You
represent and warrant to Notebookz.com that: (i) you are over the age
of thirteen (13) have the power and authority and to comply with the
terms of these Terms of Service and to perform your obligations under
the terms of these Terms of Service; (ii) you will comply with all
terms and conditions of these Terms of Service; and (iii) you have
provided and will provide accurate and complete registration
information.
(c) You expressly agree that you are solely
responsible for any and all acts and omissions that occur under your
account or password, and you agree not to engage in unacceptable use of
the Service, which includes, without limitation, use of the Services
to: (i) interfere, disrupt or attempt to gain unauthorized access to
other accounts on the Services or any other computer network; (ii)
disseminate, store or transmit viruses, trojan horses or other
malicious code or program; or (iii) engage in any other activity deemed
by Notebookz.com to be in conflict with the spirit of these Terms of
Service.
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5. Content; Copyright or Intellectual Property Infringement Notification
The sites and content displayed in the search results obtained
through the Services (including sites and content from both the
Internet and from other users' notebooks) are developed by people over
whom Notebookz.com has no control. Content provided or statements made
in such search results reflect only the views of their authors, and do
not necessarily reflect those of Notebookz.com. Pages that are added to
notebooks do not undergo a screening process and may contain obscene,
profane, or inappropriate material.
You are advised to use discretion while browsing the Internet
using links initiated at www.iLeonardo.com, which may lead
unintentionally to sites containing information that some people may
find inappropriate or offensive. It may also lead to sites which
contain inaccurate information, false or misleading advertising, or
information which violates copyright, libel or defamation laws.
Notebookz.com makes no representations concerning any effort to review
all of the content of sites listed in www.iLeonardo.com or provided
through the Services.
Notebookz.com respects
the intellectual property rights of others.
You can notify Notebookz.com of possible copyright infringement, and
we will review all claims of copyright infringement received and remove content
deemed to have been posted or distributed in violation of any such laws. To
make a claim, please provide the following:
a)
A physical or an electronic signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest that is allegedly infringed;
b)
A description of the copyrighted work or other intellectual
property that you claim has been infringed;
c)
A description of where the material that you claim is infringing
is located on the Notebookz.com Site reasonably sufficient to permit
Notebookz.com to locate the material;
d)
Your contact information, including your address, telephone
number, and email;
e)
A statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
f)
A statement by you that the above information in your notice
is accurate and that you, made under penalty of perjury, are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Contact the agent designated to
receive and act on copyright violations under the Digital Millennium Copyright
Act ("DMCA"). Claims can be sent to [copyright@ileonardo.com] or
Notebookz.com, Inc., 950 Gilman St., Berkeley, CA 94710.
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6. Termination of Services
Notebookz.com, in our sole discretion, reserves the right (a) to
terminate any users account, with or without notice, for any or no
reason; (b) to remove or disable access to all or any portion of the
Services or www.iLeonardo.com; (c) to suspend any user's access to or
use of all or any portion of the Service; and (d) to remove any content
from Notebookz.com's servers at any time, with or without notice, for
any or no reason.
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7. Disclaimer of Warranties
NOTEBOOKZ.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Notebookz.com disclaims (a) any and all responsibility or
liability for the accuracy, content, completeness, legality,
reliability, or availability or operability of information or materials
displayed on www.iLeonardo.com or any of its subpages; (b) any and all
responsibility for the conduct of any user of the Services or any
visitor of www.iLeonardo.com; (c) any and all responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any
information or material; and (d) disclaims any and all responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet through the Service, www.iLeonardo.com or any
of its subpages.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTEBOOKZ.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. NOTEBOOKZ.COM MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL
IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
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8. Limitation of Liability; Indemnification
UNDER NO CIRCUMSTANCES WILL NOTEBOOKZ.COM BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OF SERVICE, THE SERVICE, THE USE OF WWW.ILEONARDO.COM, OR
THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR
INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR
TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO
OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT
ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD
PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT
NOTEBOOKZ.COM HAS 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 NOTEBOOKZ.COM, THE SERVICES, OR
WWW.ILEONARDO.COM, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU
ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY NOTEBOOKZ.COM, ITS
STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND
AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND
CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING
REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE,
ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE
OF THE SERVICES OR WWW.ILEONARDO.COM.
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9. Term and Termination
These Terms of Service are effective as of the time you first
access www.iLeonardo.com and shall continue in full force and effect
until terminated as set forth herein. Subject to Section 6, you may
terminate your access of www.iLeonardo.com or your use of the Services
at any time. In the event you have registered for an account to use the
Service, once you terminate your membership, you shall have no further
rights or privileges to use the Service. The terms of Sections 2, 5, 6,
7, 8, 10 and 11 shall survive any termination or expiration of these
Terms of Service.
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10. Amendment
Notebookz.com may modify these Terms of Service at any time and from
time to time, and such modification shall be effective immediately upon
either posting of the modified Terms of Service or notifying you. You
agree to review these Terms of Service periodically to ensure that you
are aware of any modifications. Your continued access or use of the
Services or www.iLeonardo.com shall be deemed your conclusive
acceptance of the Terms of Service, as modified.
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11. Miscellaneous
These Terms of Service shall be governed by and construed in accordance
with the laws of the State of California. You agree that any legal
action or proceeding between Notebookz.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a court of competent jurisdiction sitting in
San Francisco County, California, United States. No waiver of any term,
provision or condition of these Terms of Service, whether by conduct or
otherwise, in any one or more instances, shall be deemed to be, or
shall constitute, a waiver of any other term, provision or condition
hereof, whether or not similar, nor shall such waiver constitute a
continuing waiver of any such term, provision or condition hereof. No
waiver shall be binding unless executed in writing by the party making
the waiver. These Terms of Service constitutes the complete and
exclusive statement of the agreement between the parties with respect
to the Services and supersedes any and all prior or contemporaneous
communications, representations, statements and understandings, whether
oral or written, between the parties concerning the Services. If any
action in law or in equity is necessary to enforce the terms of these
Terms of Service, the prevailing party will be entitled to reasonable
fees of attorneys, accountants, and other professionals, and costs and
expenses in addition to any other relief to which such prevailing party
may be entitled. The provisions of these Terms of Service are
severable, and in the event any provision hereof is determined to be
invalid or unenforceable, such invalidity or unenforceability shall not
in any way affect the validity or enforceability of the remaining
provisions hereof. No provisions of these Terms of Service are
intended, nor will be interpreted, to provide or create any third party
beneficiary rights or any other rights of any kind in any user, client,
customer, affiliate, or any party hereto or any other person unless
specifically provided otherwise herein, and except as so provided, all
provisions hereof will be personal solely between the parties to these
Terms of Service; except that Section 8 is intended to benefit
Notebookz.com and its stockholders, officers, directors, employees, and
agents. Notebookz.com may assign its rights and duties under these
Terms of Service to any party at any time without notice to you.
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