Terms of Service
1. ACCEPTANCE OF TERMS
This is MB Publishing’s acceptable use policy. MB Publishing provides the Malebits.com service to you (“you” or the “user”), subject to the following Terms of Service (“TOS”). Anyone who registers for, or uses or accesses, the Malebits.com service shall be governed by the policies set forth in this TOS (as amended).
2. DESCRIPTION OF SERVICE
A. MB Publishing’s Malebits.com service provides users with the ability to upload content such as text, pictures and other media to their current web log (“blog”) site and/or forums at any time.
B. MB Publishing hosts the user’s media as part of the Malebits.com service and serves it to the user’s blog site and/or other MB Publishing networks along with making rss feeds available worldwide of that media.
C. The user is responsible for and must provide all telephone, computer, hardware, software or other connection equipment or services necessary to access the Malebits.com service.
D. Content removal imposes a charge per unit removal, current rate is $25 USD per unit deletion.
3. MODIFICATIONS TO TERMS OF SERVICE
MB Publishing may update or change this TOS from time to time in its sole discretion, without notice to you, by posting the amended terms on this website, and any such amendment will be effective thirty (30) days after it is initially posted. You can review the most current version of the TOS at any time at:
The user certifies that he or she is at least 18 years of age and can form legally binding contracts under applicable law, or that the user’s parent or legal guardian will act as the "user" in terms of this contract and usage of the Malebits.com service.
A. As of April 1, 2005 Malebits.com is provided to users for free of charge (this may change at any time).
It is MB Publishing’s policy to respect the privacy of users. Therefore, MB Publishing will not disclose a user’s name or contact information to any third parties. MB Publishing collects and uses only such user information as is necessary to perform the Malebits.com service, process the subscription registration, confirm subscription payments and provide notices in connection herewith. MB Publishing will take all reasonable steps in compliance with the law to protect and safeguard personal information. MB Publishing will not monitor, edit or disclose the contents of a user’s information unless required to do so by law in the good faith belief that such action is necessary to: (a) conform to the edicts of law or comply with legal process served on MB Publishing; (b) protect and defend the rights or property of MB Publishing; (c) act under exigent circumstances to protect the personal safety of MB Publishing’s service’s users or the public; (d) fix or debug problems with the Malebits.com servers, technology or service; (e) or by permission. MB Publishing may set and access cookies on your computer in connection with the service.
You are responsible for the accuracy and safe-keeping of all of your account information, including any user name, password, contact information, telephone access information and other personal and account-identifiable information. You will be responsible for any and all activities, whether authorized or not, which occur on your account. You agree to immediately notify MB Publishing of any unauthorized use or any known security breach.
7. THIRD-PARTY CONTENT; USER CONDUCT
You understand that all information, data, text, software, music, sound, messages or other materials, whether publicly posted or privately transmitted, on the websites or the Malebits.com service, and/or links to sites or resources off of the websites, are the sole responsibility of the person from which such material originated, including without limitation, the users of the Malebits.com service, advertisers and sponsors, or other third party content providers. This means that the originator of such materials and not MB Publishing are entirely responsible for all content that is uploaded, posted and otherwise transmitted via the Malebits.com service or otherwise on the websites or MB Publishing servers. MB Publishing does not control or endorse the content posted via the service and as such does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Malebits.com service and/or the websites you may be exposed to content that is offensive, indecent or objectionable. MB Publishing wants you to use the Malebits.com service for the greater good of the society and to promote positive change and to community build. MB Publishing will not support hate or discrimination in any form.
You agree to not use the service and/or the websites to:
A. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another’s property, hateful, racially or ethnically discriminating, or misogynistic, or objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including but not limited to a MB Publishing official, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
E. upload, post or otherwise transmit any content or material that infringes any patent, trademark, trade secret, copyright or other propriety rights of any party;
F. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
G. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
H. intentionally or unintentionally violate any applicable local, state, federal, or international laws, statutes, ordinances, regulations or treaties;
I. intentionally or unintentionally violate any regulations promulgated by any national or other securities exchange, or any regulations having the same force of law;
J. stalk or otherwise harass another person or persons;
K. collect or store personal data about other users; or
L. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to providing instructions on how to assemble bombs, grenades, poisons, or other weapons.
M. post any material relating to gambling or any other spam related financial services.
LAWFUL PURPOSE -- It is so important we want to emphasize:
I. Users may only use MB Publishing’s Malebits.com service for lawful purposes.
II. The user agrees to not have any content in their picture posts that advocates, sells or in any way makes available anything illegal.
III. Any complaint we receive about a violation of this will be taken very seriously and can result in immediate account cancellation without a refund.
8. CONTENT SUBMITTED USING THE Malebits.com; SERVICE INTERRUPTION
MB Publishing does not claim ownership of the content you place using the Malebits.com service; MB Publishing may provide a link for others to access your content and/or to your blog site to the extent that it is already made public in order to promote your Malebits.com posting and/or the Malebits.com service or otherwise in connection with its promotional, advertising or sponsorship efforts, and you hereby grant MB Publishing a royalty-free license to use such materials and affirm that you have all necessary rights in such materials to grant this license. MB Publishing reserves the right to include advertising, sponsorship, and/or promotional materials as part of its Malebits.com service.
You acknowledge that MB Publishing does not pre-screen content, but that MB Publishing and its designees shall have the right but not obligation in their sole discretion to refuse or remove any content that is available via the service. Without limiting the foregoing, MB Publishing and its designees shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
You acknowledge that accessing the service, creating Malebits.com media and broadcasting your media to your blog site may involve various networks and communication and connection devices, some of which are not in MB Publishing’s control. MB Publishing assumes no responsibility for the failure of its or any other network and/or communication and connection devices to access or supply the service at any time, and MB Publishing will not be responsible for any deletion, failure to connect or other transmission or storage failure in connection with the service.
You agree to indemnify and hold MB Publishing and its members, subsidiaries, affiliates, officers, co-branders, partners, employees or other agents harmless from any claims, demands, liabilities, losses, expenses or damages, including attorney’s fees, made by anyone in connection with or arising out of your content, your use of the Malebits.com service and/or the websites, your connection to the service, a breach of the TOS or your violation of any rights of any other user.
10. NON-COMMERCIAL USE; NO RESALE OF SERVICE
The Malebits.com services and the websites are for personal and also commercial use. You agree not to reproduce, duplicate, copy, modify, distribute, display, license, transfer, sell, resell, exploit or create derivative works from any portion of the Malebits.com service, the websites or any content or service accessible thereby.
11. MODIFICATION OR TERMINATION OF SERVICE
MB Publishing reserves the right at any time and from time to time in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the Malebits.com service, the websites or any content or service accessible thereby, in whole or in part with or without notice. You agree that MB Publishing shall not be liable to you or any third party, for any modification, suspension or discontinuance of the Malebits.com service, the websites or any content or service accessible thereby, beyond the return to you of the unused portion of your subscription fee, but only as it relates to any full months remaining in your subscription (no refund shall be owing for any partial months).
You agree that MB Publishing may, in its sole discretion without notice to you, terminate your account, password access, content or other media, or use of service and remove or discard any content or media within the service for any reason at any time including, without limitation, misuse or if MB Publishing reasonably believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and you acknowledge and agree that MB Publishing may immediately deactivate or delete your content or other Malebits.com media and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that MB Publishing shall not be liable to you or any third party for any termination of your access to the service if such termination is reasonably justified, as determined by MB Publishing in its sole discretion.
12. PROPRIETARY RIGHTS OF MB Publishing AND OTHERS; AGENT
You acknowledge and agree that the Malebits.com service, the websites and any software, content or other intellectual property used in connection with the Malebits.com service and the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you by third parties through the Malebits.com service or the websites may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the applicable holders of such proprietary rights, you agree not to modify, rent, lease, loan, sell, distribute, copy, duplicate or create derivative works based on the intellectual property of such holders or based on the Malebits.com service, the websites or any service or content or other material accessible therein.
MB Publishing respects the copyrights and other intellectual property of others and we expect all MB Publishing users to do the same. If you believe that your work has been copied in any way that constitutes infringement on your copyright or other intellectual property rights, please contact MB Publishing’s agent for notice of infringement.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT;
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MB Publishing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
B. MB Publishing MAKES NO WARRANTY THAT (I) THE SERVICE AND/OR THE WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE AND/OR THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR THE WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR THE WEBSITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE AND/OR THE WEBSITES WILL BE CORRECTED.
C. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE AND/OR THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR PHONE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MB Publishing OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MB Publishing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MB Publishing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE. MB Publishing’S LIABITILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
15. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Notices to you may be made via either email or regular mail and/or sms text messages, according to the user information provided in your account registration. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the websites.
17. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and MB Publishing and governs your use of the Malebits.com service and the websites, superceding any prior agreements between you and MB Publishing. The TOS and the relationship between you and MB Publishing shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and MB Publishing agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of MB Publishing to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, the websites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any conflicts that cannot be settled informally between you and MB Publishing must first go through arbitration to try to resolve any differences, such arbitration shall be binding and in accordance with the commercial arbitration rules of the United Kingdom. The section titles in the TOS are for convenience only and have no legal or contractual effect.