nookedbeta

Terms of service

Hookable Media Limited

Items on this site are copyright ©2008 Hookable Media Limited (”HOOKABLE”). nooked is a trademark of Hookable Media Limited.

Description

The nooked service is a computer online service that provides services to users who publish content using XML syndication. (the “Service”). The Service is accessible to you through a personal computer, or other access device, at www.nooked.com using a communications connection (e.g., modem and telephone line). HOOKABLE will provide you the Service, subject to the terms and conditions set forth herein (collectively, the “Terms of Service”).

General

By clicking the “Accept” button and using the Service, you agree to be legally bound and to abide by these Terms of Service just as if you had signed this agreement. You agree and continue to agree to use the Service in a manner consistent with all applicable laws and regulations and in accordance with these Terms of Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access devices, necessary to access the Service. Upon notice published through the Service or otherwise, HOOKABLE may unilaterally modify these Terms of Service at any time.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy.

Account, Password and Security

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HOOKABLE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HOOKABLE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Links and Frames

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HOOKABLE has no control over such sites and resources, you acknowledge and agree that HOOKABLE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HOOKABLE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Modifications To Service

HOOKABLE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HOOKABLE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that HOOKABLE, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if HOOKABLE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. HOOKABLE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that HOOKABLE may immediately deactivate or delete your account 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 HOOKABLE shall not be liable to you or any third-party for any termination of your access to the Service.

Disclaimer of Warranty; Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER HOOKABLE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSOR’S WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH THE SERVICE
  2. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT
  3. HOOKABLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
  4. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION
  5. IN NO EVENT WILL HOOKABLE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE HOOKABLE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.

    YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE AND ALL CONTENT OBTAINED BY AND THROUGH THE SERVICE

  6. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER HOOKABLE NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING (BUT NOT LIMITED TO) LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES

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.

Special Warning Regarding Financial Matters

Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. HOOKABLE, its affiliates, information providers, or content partners shall have no liability for trading or investment decisions based upon the information provided. Neither HOOKABLE nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Indemnity

You agree to indemnify and hold HOOKABLE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.

Miscellaneous

These Terms of Service and any operating rules for the Service established by HOOKABLE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Service shall be construed in accordance with the laws of the country of Ireland, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Trademarks and Copyrights

Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of HOOKABLE or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with HOOKABLE or those other entities.