1. Acceptance of Terms of Service

The following sets forth the terms and conditions that apply to your use of the MaHaBote.net, including but not limited to content, images, videos, products (digital and non-digital), software, tools, courses, and services, (referred collectively as Services).

MaHaBote.net reserves the right to modify, alter, update, or remove portions of these Terms of Service at any time in our discrection, so please check these Terms of Service (and our Privacy Policy) from time to time. These changes will be effective immediately for all users of the MaHaBote.net and its Services.

If you do not agree to be bound by these Terms of Service, please discontinue your use of the MaHaBote.net.

CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY MAHABOTE.NET IN THE USER INTERFACE FOR ANY SERVICE, OR ACTUALLY USING THE SERVICES SHALL SIGNIFY AS YOUR ACCEPTANCE OF THE TERMS OF SERVICE FROM THAT POINT FORWARDS.

The failure of MaHaBote.net to enforce these Terms of Service, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You are not permitted to copy, use, reproduce, distribute, perform, display, create derivative works, reverse engineer, decompile, publish, sale, or any other form of transfer of any portion of the MaHaBote.net's Services unless expressly authorized by MaHaBote.net.

2. Privacy and Your Personal Information

In order to access certain Services, you may be required to provide information about yourself (such as your birth date and gender) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any information you give to MaHaBote.net will always be accurate, correct and up to date.

Any information provided by you or gathered by MaHaBote.net or third parties during your visit to the MaHaBote.net shall be subject to the terms of MaHaBote.net's Privacy Policy.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to MaHaBote.net for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MaHaBote.net immediately at http://www.mahabote.net/contact.

In order to ensure that MaHaBote.net is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to MaHaBote.net employees and agents accessing Your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.

3. User Behaviors and Restrictions

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with MaHaBote.net, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface(s) provided by MaHaBote.net, unless you have been specifically allowed to do so in a separate agreement with MaHaBote.net.

You agree that you are solely responsible for (and that MaHaBote.net has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MaHaBote.net may suffer) of any such breach.

MaHaBote.net reserves the right to terminate your membership and access to any of the Services if MaHaBote.net learns that you have violated the Terms of Service.

4. Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MaHaBote.net (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MaHaBote.net or by the owners of that Content, in a separate agreement.

MaHaBote.net reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that MaHaBote.net has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MaHaBote.net may suffer) by doing so.

5. Proprietary Rights

You acknowledge and agree that MaHaBote.net (or MaHaBote.net’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MaHaBote.net and that you shall not disclose such information without MaHaBote.net’s prior written consent.

Unless you have agreed otherwise in writing with MaHaBote.net, nothing in the Terms of Service gives you a right to use any of MaHaBote.net’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by MaHaBote.net, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6. Termination

The Terms of Service will continue to apply until terminated by either you or MaHaBote.net as set out below.

  1. If you want to terminate your legal agreement with MaHaBote.net, you may do so by (a) notifying MaHaBote.net at any time and (b) closing your accounts for all of the Services which you use, where MaHaBote.net has made this option available to you. Your notice should be sent, in writing, to MaHaBote.net’s address which is set out at the beginning of these Terms.

  2. MaHaBote.net may at any time, terminate its legal agreement with you if:

    1. you have breached any provision of the Terms of Service (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Service); or

    2. MaHaBote.net is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

    3. the partner with whom MaHaBote.net offered the Services to you has terminated its relationship with MaHaBote.net or ceased to offer the Services to you; or

    4. MaHaBote.net is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or

    5. the provision of the Services to you by MaHaBote.net is, in MaHaBote.net’s opinion, no longer commercially viable.

  3. When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and MaHaBote.net have benefited from, been subject to (or which have accrued over time whilst the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

7. Exclusion of Warranties

(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

(B) IN PARTICULAR, MAHABOTE.NET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

(C) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, MAHABOTE.NET MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (120) DAYS;

(D) USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SITE CONTENT AND/OR DATA FROM THE SERVICES;

(E) THE CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAHABOTE.NET, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAHABOTE.NET OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.

(F) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAHABOTE.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, “INDIRECT DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SITE CONTENT, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF MAHABOTE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAHABOTE.COM , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

  1. THE USE OF OR THE INABILITY TO USE THE SERVICES;
  2. ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR
  3. LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SEET FORTH ABOVE MAY NOT APPLY TO YOU.

9. Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by MaHaBote.net on the Services are subject to change without specific notice to you.

In consideration for MaHaBote.net granting you access to and use of the Services, you agree that MaHaBote.net may place such advertising on the Services.

10. Indemnification

You agree to indemnify and hold each of MaHaBote.net, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MaHaBote.net Services, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

11. Notice of Copyright Infringement

MaHaBote.net will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site or in connection with the Services or Site Content, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  3. A description of where the content that you claim is infringing is located on the Site;
  4. The name, address, telephone number and email address (if available) of the complaining party;
  5. A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices and counter-notices with respect to this website should be sent to: dcmanotice@manabote.net. MaHaBote.net suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.