User account

1. Acceptance of Terms

Welcome to Literate Machine. By using the services on this website (collectively, including all content and functionality available through the LiterateMachine.com domain name, the "Service"), you signify your agreement to (1) the following terms and conditions (the "Terms"), and (2) Literate Machine’s Privacy Policy, found at http://literatemachine.com/content/privacy-policy and incorporated here by reference. If you do not agree to any of these terms or the Literate Machine privacy notice please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at http://literatemachine.com/content/terms-service. Literate Machine may, in its sole discretion, modify or revise these Terms and policies at any time without notice to you and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Literate Machine Website

Literate Machine provides users with access to various resources, including but not limited to online publications and message boards. You understand that all information (such as information, data files, written text, software, graphics or other materials) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

Content presented to you as part of the Service, including but not limited to advertisements in the Services and sponsored Content within the Service, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Literate Machine (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 Literate Machine or by the owners of that Content, in a separate agreement.

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.

3. Your Account

In order to use this Service, you will have to create a Literate Machine account. You agree to never use another’s account without permission. You agree to provide true, accurate, and current information about yourself when creating your account or otherwise required to do so by the Service, and to maintain and update such information to keep it true, accurate, and current. Literate Machine reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

4. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account that you use with the Service. Accordingly, you agree that you are solely liable for the activity that occurs on your account. Although Literate Machine will not be liable for losses caused by your account, you may be liable for the losses of Literate Machine or others due to unauthorized use. If you become aware of any unauthorized use of your account, you agree to notify Literate Machine immediately at info@literatemachine.com.

5. User Conduct

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Literate Machine, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Literate Machine does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Literate Machine be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Literate Machine Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, defamatory, libelous, invasive of another's privacy (including personal information), or harmful to minors;
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, pyramid schemes, or any other form of solicitation;
6. upload, post, email, transmit or otherwise make available 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;
7. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
8. 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; and/or
9. intentionally or unintentionally violate any applicable local, state, national or international law.

You acknowledge that Literate Machine may or may not pre-screen Content, but that Literate Machine and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service without notice and with or without cause or explanation to you. 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, consent and agree that Literate Machine may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Literate Machine, its users, and the public.

6. WARRANTY DISCLAIMER

NOTHING IN THESE TERMS, INCLUDING SECTIONS 6 AND 7, SHALL EXCLUDE OR LIMIT LITERATE MACHINE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LITERATE MACHINE, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. LITERATE MACHINE, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR 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) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. LITERATE MACHINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LITERATE MACHINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITERATE MACHINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LITERATE MACHINE, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, OR OTHER INTANGIBLE LOSS.
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY CHANGES LITERATE MACHINE MAY MAKE IN THE SERVICE, OR FOR ANY PREMANENT OR TEMPORARY INTERRUPTION OR CESSATION OF SERVICE (OR ANY FEATURE OF THE SERVICE); (iii) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (iv) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICE; (v) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT LITERATE MACHINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Indemnity

You agree to defend, indemnify and hold harmless Literate Machine, its partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to LiterateMachine.com; (ii) your connection to the Service; (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

10. Assignment

Literate Machine may assign its ownership in this Service without prior written notice to you.

11. General

Entire Agreement. The Terms constitutes the entire agreement between you and Literate Machine and governs your use of the Service, (but excluding any services which Literate Machine may provide to you under a separate written agreement), and completely replace any prior agreements between you and Literate Machine in relation to the Services.

Choice of Law and Forum. The Terms and the relationship between you and Literate Machine shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Literate Machine agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York.

Waiver. You agree that if Literate Machine does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Literate Machine’s rights and that those rights or remedies will still be available to Literate Machine.

Enforceability and Severability of Terms. If any terms or provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

No Right of Survivorship and Non-Transferability. You agree that your Literate Machine account is non-transferable and any rights to your Literate Machine ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles: The section titles in the Terms are for convenience only and have no legal or contractual effect.