Welcome to MxBook, a service provided by MxBook ("Company"). These Terms of Service ("Terms") govern your access and use of the MxBook website (https://mxbook.mimeld.com) and any related services (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing or using the Site, you represent that you have the authority and capacity to enter into these Terms. You must be at least 18 years of age to use the Site. If you disagree with any provision of these Terms, do not log into or use the Site.

2. Access to the Site

2.1 License
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.

2.2 Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions:

  • (a) You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
  • (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
  • (c) You shall not access the Site to build a similar or competitive website;
  • (d) No part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except as expressly stated herein.

2.3 Changes and Discontinuation
Company reserves the right to change, suspend, or discontinue the Site with or without notice. You agree that the Company will not be liable to you or any third party for any change, interruption, or termination of the Site or any part.

2.4 No Support or Maintenance
You agree that Company has no obligation to provide any support or maintenance in connection with the Site.

2.5 Intellectual Property Rights
Excluding any User Content (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or the Company’s suppliers. These Terms do not grant you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.

3. User Content

3.1 User Content
"User Content" means any information and content that a user submits to the Site. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content. You certify that your User Content does not violate our Acceptable Use Policy. You may not imply that your User Content is in any way provided, sponsored, or endorsed by the Company. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for making your own backup copies of your User Content if you desire.

3.2 License
By posting or submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit your User Content solely for the purposes of including your User Content in the Site. You waive any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content:

  • (i) that violates any third-party rights or any intellectual property or proprietary rights;
  • (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • (iii) that is harmful to minors in any way;
  • (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

  • (i) upload, transmit, or distribute any software intended to damage or alter a computer system or data;
  • (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
  • (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;
  • (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
  • (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means;
  • (vi) harass or interfere with any other user’s use and enjoyment of the Site;
  • (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

3.4 Enforcement
The Company reserves the right to review any User Content and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback
If you provide the Company with any feedback or suggestions regarding the Site, you assign to the Company all rights in such feedback and agree that the Company shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. The Company will treat any feedback you provide as non-confidential and non-proprietary.

3.6 Indemnity
You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

4. Third-Party Links & Ads; Other Users

4.1 Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

4.2 Other Users
Each Site user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

5. Dispute Resolution

5.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is headquartered, without regard to its conflict of law principles.

5.2 Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in the jurisdiction where the Company is headquartered, in accordance with the rules and procedures of the arbitration service provider agreed upon by the parties. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to recover costs and attorneys’ fees.

5.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

6. Miscellaneous

6.1 Changes to Terms
The Company reserves the right to change these Terms at any time and will notify you of any changes by posting the new Terms on the Site. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

 

6.2 Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

6.3 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.