General Ismbook Terms and Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Ismbook and/or its licensors own the intellectual property rights in Ismbook.com (this “website”).
Subject to the license below and above, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions and permissions set out in these terms and conditions.
You must not:
- republish material from this website (including republication on another website) without our permission;
- sell, rent or sub-license material from the website;
- show any material from the website in public without our permission;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution by Ismbook.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without Ismbook’s express written consent.
You must not use the website to transmit or send unsolicited commercial communications.
You must not use the website for any purposes related to marketing without Ismbook’s express written consent.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
We also participate in various other affiliate programs. Many of the links that go to an external website are affiliate links. This means that if you click on one, and later purchase the product, we will earn a small commission on that sale. You never pay more when clicking through these affiliate links. The price will be the same whether you click through our link or go directly to the retailer. In some cases, you may get a discount by using our links. These discounts will be noted on that particular page.
Access to certain areas of the website is restricted. Ismbook reserves the right to restrict access to any areas of the website, or indeed the entire website, at Ismbook’s sole discretion.
If Ismbook provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the user ID and password are kept confidential.
Ismbook may disable your user ID and password in Ismbook’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.
You grant to Ismbook a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Ismbook the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Ismbook or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Ismbook reserves the right to edit or remove any material submitted to the website, or stored on Ismbook’s servers, or hosted or published upon this website.
Notwithstanding Ismbook’s rights under these terms and conditions in relation to user content, Ismbook does not undertake to monitor the submission of such content to, or the publication of such content on, the website.
The website is provided “as is” without any representations or warranties, express or implied. Ismbook makes no representations or warranties in relation to this website or the information and materials provided on this website. In particular, and without prejudice to the foregoing generality, Ismbook does not warrant that:
– the website will be constantly available, or available at all; or
– the information on the website is complete, true, accurate or non-misleading.
Nothing on the website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Ismbook will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the content of, or use of, or otherwise in connection with, the website:
– to the extent that the website is provided free-of-charge, for any direct loss;
– for any indirect, special or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Ismbook has been expressly advised of the potential loss.
By using the website, you agree that the exclusions and limitations of liability set out in the website disclaimer are reasonable.
If you do not think they are unreasonable, you must not use the website.
You accept that, as a limited liability entity, Ismbook has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ismbook’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the website disclaimer will protect Ismbook’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ismbook.
If any provision of the website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the website disclaimer.
You hereby indemnify Ismbook and undertake to keep Ismbook indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ismbook to a third party in settlement of a claim or dispute on the advice of Ismbook’s legal advisers) incurred or suffered by Ismbook arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Ismbooks’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ismbook may take such action as Ismbook deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, removing any content uploaded by you to the website that infringes these terms and conditions, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Ismbook may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions on the website. Please check this page regularly to ensure you are familiar with the current version.
Ismbook may transfer, sub-contract or otherwise deal with Ismbook’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Ismbook in relation to your use of the website, and supersede all previous agreements in respect of your use of the website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the Law of United States.
Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of the United States.