READBAG - TERMS OF USE
BY ACCESSING THIS WEBSITE OR USING THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE, YOU REPRESENT THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.
- DEFINITIONS
WHENEVER USED IN THIS TERMS OF USE WITH INITIAL TERMS CAPITALIZED, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING DEFINED MEANINGS:- "USER" MEANS ONE WHO SUBSCRIBES TO THE SERVICE.
- "THE SERVICE" MEANS THAT CERTAIN COMBINATION OF WORLD WIDE WEB SERVER APPLICATION AND A DATABASE THAT HAS BEEN CREATED BY THOMAS MARBAN AND THE SERVICE CAPABILITIES PROVIDED BY THIS WEBSITE READBAG.COM, AS IT NOW EXISTS, AND AS IT MAY BE MODIFIED AND/OR SUPPLEMENTED IN THE FUTURE.
- INTELLECTUAL PROPERTY
THE SERVICE, INCLUDING BUT NOT LIMITED TO, TEXT, IMAGES, GRAPHICS, LOGOS, AND ICONS ARE THE PROPERTY OF THOMAS MARBAN. - USER INFORMATION
THOMAS MARBAN AGREES TO HOLD CONFIDENTIAL USER INFORMATION IN CONFIDENCE, AND NOT USE IT, DURING THE TERM OF THIS AGREEMENT, EXCEPTING ONLY AS FOLLOWS:- THOMAS MARBAN SHALL BE ENTITLED TO USE USER INFORMATION AS NECESSARY AND REASONABLE FOR THE IMPLEMENTATION AND OPERATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO USE FOR THE PURPOSE OF RESOLVING OR ASSISTING IN THE RESOLUTION OF TECHNICAL PROBLEMS.
- WHEN A USER REGISTERS FOR THE SERVICE, THE FOLLOWING PERSONAL IDENTIFICATION INFORMATION IS COLLECTED BY THOMAS MARBAN FROM THE USER: USER'S E-MAIL ADDRESS / RESP. GOOGLE ACCOUNT.
- RESTRICTIONS ON USE OF THE SERVICE
THOMAS MARBAN RESERVES THE RIGHT TO REFUSE ACCESS TO THE SERVICE IN ITS DISCRETION, INCLUDING, WITHOUT LIMITATION, IF THOMAS MARBAN BELIEVES THAT USER CONDUCT VIOLATES APPLICABLE LAW OR IS HARMFUL TO THE INTERESTS OF THOMAS MARBAN. - LINKING
THE SERVICE MAY CONTAIN LINKS TO WEB SITES CONTROLLED BY PARTIES OTHER THAN THOMAS MARBAN. THOMAS MARBAN IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENTS OR YOUR USE OF THESE THIRD PARTY WEBSITES. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THOMAS MARBAN AND EMPLOYEES, FROM ANY CLAIM, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE, AND YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. YOU SHALL COOPERATE FULLY IN ANY DEFENSE OF SUCH CLAIM. THOMAS MARBAN RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL OVER THE DEFENSE OF ANY SUCH CLAIM. - WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND BOTH THOMAS MARBAN AND YOU EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. - LIMITATION ON LIABILITY
THOMAS MARBAN SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT, PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THESE TERMS OF USE; (B) YOUR USE OF THE SERVICE; (C) UNAVAILABILITY OR INACCURACY OF THE SERVICE (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THIS SITE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PRECUNIARY LOSS) EVEN IF YOU HAVE NOTIFIED THOMAS MARBAN IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. - TERMINATION
THOMAS MARBAN RESERVES THE RIGHT TO TERMINATE THESE TERMS OF USE AT ANY TIME, FOR ANY REASON WHATSOEVER, AND TO REVOKE YOUR ACCESS TO THE SERVICE WITHOUT PRIOR NOTICE TO YOU. - APPLICABLE LAW
THESE TERMS OF USE SHALL BE GOVERNED BY AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF AUSTRIA/EUROPE, WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS. - GENERAL
THOMAS MARBAN RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AND THE SERVICE AT ANY TIME. THOMAS MARBAN WILL POST A NOTICE OF ANY CHANGE TO THE TERMS OF USE ON THIS PAGE. YOUR CONTINUED USE OF THE SERVICE AFTER ANY SUCH CHANGE IS MADE CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS MODIFIED. IF ANY PROVISION OF THESE TERMS OF USE IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THESE TERMS OF USE SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THOMAS MARBAN AND SUPERCEDE ALL PRIOR AND CONTEMPORANEOUS PROPOSALS AND OTHER COMMUNICATIONS MADE BETWEEN THE PARTIES, WRITTEN OR ORAL. - QUESTIONS
QUESTIONS REGARDING THESE TERMS OF USE SHOULD BE DIRECTED TO THOMAS MARBAN BY SENDING AN EMAIL TO THOMAS@MARBAN.COM.