Terms of Use - Fifobooks.com

Fifobooks.com, a service of Infinite Improbability LLC, allows You, the user, to the opportunity to experience books in a whole new way. We offer a simple and easy to use interface with powerful tools to give You the best possible experience to read, watch and connect to content on a whole new level.

We offer various services and products to Users based on Your agreement to the following terms without any modification. By registering with Fifobooks.com and/or use of Fifobooks.com's web site, You accept and agree to be bound by the following Terms of Use. These Terms of Use are subject to change at any time, without prior notice. You are responsible for viewing these Terms of Use on a regular basis. If You do not agree to any of these terms, please do not use Fifobooks.com and exit this site immediately.

Infinite Improbability LLC respects your privacy. Please visit our Privacy Policy for a fuller explanation of our policies.

User Content

Unless otherwise agreed in a writing signed by Infinite Improbability LLC, by submitting content, data or other materials directly through the web site (collectively, "Materials"), You hereby grant to Infinite Improbability LLC a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to You. You further grant to Infinite Improbability LLC a royalty-free right and license to use Your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless Infinite Improbability LLC from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant Infinite Improbability LLC the right to use Your name in connection with the reproduction or distribution of any such material. While Infinite Improbability LLC is not under any obligation to monitor content provided by users, Infinite Improbability LLC, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.

Infinite Improbability LLC Rights

Given the nature of the Fifobooks.com web site and the volume of Materials submitted, Infinite Improbability LLC cannot and does not monitor all of the Materials posted or transmitted by You and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that Infinite Improbability LLC: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to You.

Representations and Warranties

You hereby represent and warrant that: (a) You have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and Your use of the Fifobooks.com web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and Your use of the Fifobooks.com web site shall not violate any applicable law or regulation or cause injury to any person; (e) Your use of the Fifobooks.com web site shall not violate any agreements between You and a third party and (f) You are of legal age to form a binding contract and are not a person barred from receiving any Fifobooks.com services or products under the laws of the United States or other applicable jurisdiction.

Indemnification

You agree to indemnify and hold Infinite Improbability LLC, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials You provide, (b) Your use of the Fifobooks.com web site or Your reliance on the Content or Your use of Fifobooks.com's services, (c) Your breach of these Terms, and (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Fifobooks.com web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without Infinite Improbability LLC's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Fifobooks.com web site or for any other unauthorized purpose without Infinite Improbability LLC's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Fifobooks.com web site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Fifobooks.com web site or Infinite Improbability LLC's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, You covenant and represent that You will not use the Fifobooks.com web site in violation of the law or these Terms of Use.

It is the policy of Infinite Improbability LLC to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted via the Fifobooks.com Contact Page.

To be effective, the notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has 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; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of Third Party Services

As a part of our service, Fifobooks.com offers links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Infinite Improbability LLC does not operate or control in any way any information, software, products or services available on such web sites. Infinite Improbability LLC's inclusion of a link to a web site does not necessarily imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Service Changes

Infinite Improbability LLC reserves the right with or without notice to You at any time to change, modify or discontinue any service or product or any portion or attribute thereof, or the offering of any information, good, content, product or service. Infinite Improbability LLC shall have no liability to You or any third party should Infinite Improbability LLC modify or discontinue any service or product.

Termination

Infinite Improbability LLC reserves the right in its sole discretion, and without any prior notice, to terminate Your access to this web site for any reason, including Your breach of these Terms of Use, the terms and conditions of any service for which the You may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Fifobooks.com at any time by delivering a notice via the Fifobooks.com Contact Page. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Fifobooks.com emails.

Disclaimers and Limitations

Infinite Improbability LLC intends that the information contained on the Fifobooks.com web site be accurate and reliable; however, errors sometimes occur. Infinite Improbability LLC may make changes and improvements to the information provided herein at any time. Any information or opinion provided by any author or other third party does not consitute the opinion of Infinite Improbability LLC. Accordingly, Infinite Improbability LLC does not guarantee the accuracy of any information available on the Fifobooks.com web site, and is not responsible for any errors, omissions, or misrepresentations.

THE FIFOBOOKS.COM WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." INFINITE IMPROBABILITY LLC DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE FIFOBOOKS.COM WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF FIFOBOOKS.COM IS AT YOUR OWN RISK. INFINITE IMPROBABILITY LLC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INFINITE IMPROBABILITY LLC HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Errors and Delays

Infinite Improbability LLC is not responsible for any errors or delays caused by inaccurate or incorrect information provided by You or other technical problems beyond our reasonable control.

General Terms

You agree that: (i) the Fifobooks.com web site shall be deemed solely based in Delaware; and (ii) the Fifobooks.com web site shall be deemed a passive website that does not give rise to personal jurisdiction over Fifobooks.com or Infinite Improbability LLC, either specific or general, in jurisdictions other than Delaware. These Terms of Use shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Fifobooks.com or Infinite Improbability LLC that arises in whole or in part from the Fifobooks.com web site shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Use, together with the Privacy Policy at and any other legal notices published by Infinite Improbability LLC on the Fifobooks.com web site, shall constitute the entire agreement between You and Infinite Improbability LLC. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Infinite Improbability LLC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Infinite Improbability LLC reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the Fifobooks.com web site following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. YOU AND INFINITE IMPROBABILITY LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FIFOBOOKS.COM WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.