TERMS & CONDITIONS
Effective Date: December 24, 2021
By clicking “I Accept” or by accessing or using our Services, you accept and agree that you have read and understand these Terms, will comply with these Terms, and agree to be bound by these Terms. If you do not accept and agree to these Terms, including the mandatory arbitration provisions and class action waiver set forth herein, should to refuse the access or use the app (hereinafter “Content” or “Services”)
Acceptance of Agreement
This Agreement is between you and Metabook.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE OR MOBILE APPLICATION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Metabook and supersedes all other Agreements, representations, warranties, and understandings with respect to our Services, and the subject matter contained herein. However, for you to use our Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We grants you a nonexclusive, non transferable, revocable license to access and use our Services strictly in accordance with this Agreement. Your use of our Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website, Mobile Application or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Metabook
The terms and conditions of Services reflect applicable requirements of both European Union and United Kingdom law, including the directive on electronic commerce (Directive 2000/31/EC
) and its UK implementing regulations (the Electronic Commerce (EC Directive) Regulations 2002
). The USA & Canada citizens are benefiting from special regulation on data protection and consumer protection.
In context of BREXIT, the UK citizens may benefit from special regulation on data protection, consumer protection and eCommerce.
You can consider our commitment to Data Privacy protection, by visiting Privacy sections on our providers’ sites www.segment.com
General Legal Terms
You agree to be bound by the following general terms:
- These Terms contain the entire understanding by and between Metabook and you with respect to the matters contained herein.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
- Except as described in the section titled Important Disclaimers, these Terms may be amended by Metabook, without any consent in writing between you and us.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- Nothing contained in these Terms will be deemed to constitute Metabook or you as the agent or representative of the other or as joint venturers or partners. Only the most active Users selected by Metabook will be invited to such relations, by a separate offer sent to email.
- These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
- You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. We may assign or delegate any of our rights and obligations under these Terms.
- You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
- Consider “Sharing program” for users below and in section 1
- Terms and definitions
Personal Account – a set of protected pages of the Site created as a result of the registration of the User on the Site, using which the User has the opportunity to use the functions of the Site in the volume and on the terms of the Agreement. Access to the Personal Account is carried out according to the credentials specified by the User when registering on the Site. The each User bears properly responsibility for the safety of personal data, logins, password and etc. The any password introduced by the User shouldn’t be transferred for third persons.
User – an individual with the necessary legal capacity and legal capacity, using the Service for information purposes, as well as for the reservation of Products using the functionality of the Service and accepted the present terms and conditions.
Service – the Internet resource “www.metabook.digital” posted on the website on the Internet at www.metabook.digital, including all levels of the specified domain (hereinafter referred to as the Site), accessible to the User through the site, a mobile version of the site(including mobile application), and other resources, which is a database of Sellers and Products, which has the tools for the User to book selected Products from available Sellers.
Products – an informational package, information about which is posted on the Site and/or on mobile application.
To the extent that you participate in any movement content featured in the Products you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Metabook has advised you of the necessity of doing so.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
We don’t take responsibility for lawsuits outside the UK and governing access to our Services.
By completing and submitting questionnaires, you agree with the fact that it will be processed internally or by using third parties API.
We can’t provide our services without certain things from you
- We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
- if you have any concerns about the information we provide you or any information in the site, you seek further medical advice;
- you report any adverse or unexpected effects of COVID technologies;
- you understand and agree that Metabook is not a medical organization
Health-Wealth Sharing Economy Disclaimer:
We believe in hard work, adding value and dedication to reach your goals. It's a fact that one that does not take action will see no results whatsoever. The results featured on this page are not the norm and are extraordinary results from hard work, commitment and dedication by following through and taking action. You will get no results whatsoever if you assume by soaking up information products, joining program after program your life will change with riches. This is not for you. Your results are based upon your actions.
Your success or lack of it
Your success in using the information or strategies provided by this Service, depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or in form of health, whether convertible to cash or not), at all. Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses, and further, that you may have no earnings at all
Medical conditions statements
You are advised to do Your medical examination before starting using our Service. You should check with Your GP, before acting on this or any information. You may not consider any examples, documents, or other content on the Service or otherwise provided by other users of our Service to be the equivalent of medical advice. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
Accessing our services
- Our services are available to adults from UK, and under some conditions below, from around the world, to children in accordance with following:
Adults can use our services on behalf of children, but children shouldn’t use our services themselves
- Children under 16 may have an account opened for them by a parent or legal guardian, and if the parent or legal guardian supervises the child’s use of our services at all times.
Materials contained on this website or in materials purchased and/or downloaded from this website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all
Forward looking statements here or on any materials on the website are intended to express our opinion of the potential. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever. Furthermore by using the Website, Mobile Application, you confirm the performed due diligence, and you understand the consequences of the each your decision.
1. The Principal Subject of the Agreement
The subject of the Agreement is Referral system available for registered user on www.metabook.digital . Interconnected with scientific site www.metabook.world and third parties API, such as www.segment.com
Third parties’ services are governed by Additional Terms. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms that you must see on www.segment.com
, you will not have access to the feature to which they relate. These Terms and Additional Terms apply equally. If any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail only for the feature(s) to which that Additional Term applies.
Referral Platform work is described, with Disclaimers described on present Terms. To use Platform (including to Process any Platform Data), you agree to use Services as it, according to these Platform Terms (“Terms”), as well as all other applicable terms and policies. If you do not accept and agree to these Terms, you should to refuse the access or use the Services.
Basis of license
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products and Services. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Metabook.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UK, EU and THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UK MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UK. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
Changes to terms
Metabook reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to this Terms&Conditions section.
Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
2. Memberships and subscriptions
Becoming a member
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By registering for a Metabook account, the Products, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.
Once a member
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information. The each User bears properly responsibility for the safety of logins, password and etc.
As a Metabook Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.
By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Metabook commercial emails by following the opt-out instruction in these emails.
Metabook membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
Only premium accounts are eligible to the program “AI personal mentor after 1 year of membership”.
(a) Metabook account holders may access the Products in two ways:
- (i) "Basics" Free Trial: a free-of-charge program, which gives unlimited access to ten days of our “Foundation Course.”
- (ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the "Basics" offering. You will only have access to Paid Subscription while your subscription is active and subsisting. You may have access to a free trial period in accordance with certain promotional offers. You may access Paid Subscription in the following ways: by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them. Additionally, you may receive access to Paid Subscription via your Metabook account (as defined and further outlined below). In such instance, you may still be required to provide Your payment information in order to access.
(b) You may access Metabook via a monthly or semi-annual subscription option. For the purposes of our monthly and semi-annual subscriptions, a month constitutes 30 calendar days and a year constitutes 366 calendar days.
(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Metabook is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section “Payment Method”. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Metabook is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(g) You agree to promptly notify Metabook of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(h) In the course of your use of the Products, Metabook and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Metabook and third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products, or to use the Products in commercial purposes.
To enjoy Metabook via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.
Corporate and other consumer communities
Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
Changing fees and charges
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3.Cancellation of services
Cancellation by you
(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing firstname.lastname@example.org
(b) ) You may cancel a semi-annual subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing email@example.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
Cancellation by us
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
Promotion and discount codes
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
Unless we indicate otherwise in the Services, the Services are not targeted toward or intended for use by anyone under the age of 16. In any limited circumstances where we permit use by individuals under the age of 16 to use the Services (e.g., if a parent initiates a social media account for his or her child), such use of the Services must be under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the Services, you represent and warrant that you (a) are 16 years of age or older,
(b) will use Services in a proper way
(c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services,
(d) do not have more than one Account, and
(e) have full power, legal capacity and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
5. Accounts, Account Security, and Communication Preferences
You may need to register for an Account (“Account”) to access some or all of our Services. You will be required to create a password, and provide your name, email address, and phone number when you create an Account. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account. The each User bears properly responsibility for the safety of personal data, logins, password and etc.
By creating an Account, you also consent to receive electronic communications from Metabook (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
7. Reservation of Rights
We may modify, suspend, or discontinue any aspect of the Services at any time without prior notice. You agree that we shall not be liable to your or any third party for any modification, suspension, or discontinuance of any feature or component of the Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) restrict, limit, suspend or terminate your and/or any other user's access to the Services; (2) monitor any user's use of the Services to verify compliance with these Terms and/or any applicable law; (3) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (4) disclose information about any user's use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
8. Proprietary Rights
Metabook grants you a limited right to use the Services for your personal and non-commercial use. All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”) are owned or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Services and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell, resell our Services and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Content other than for their intended purposes. Except for this limited licenses granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.
All trademarks, trade names and logos appearing on or through the Services are owned by us or licensed by us. The “LifetimeAward” name and logo and all other Metabook names, marks, logos and other identifiers are trademarks and service marks of Metabook. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
9. User Supplied Material
Our Services may allow you to upload, store and share content, including messages, text, photos and other materials (collectively, "User Content"). You hereby grant Canopy Health a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.
If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Metabook reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
This section 9 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 9, and we may do this with or without giving you any prior notice.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Metabook or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise our products. You acknowledge that we may indirectly commercially benefit from use of your User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
- (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- (c) Your User Material does not advertise any product or service or solicit any business.
- (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- (e) You will not collect email addresses of users for the purpose of sending unsolicited email.
- (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- (g) You will not engage in any automated use of the system, such as using scripts to alter our content.
- (h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, our computer systems, or the technical delivery systems of our providers.
- (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Metabook an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party.
10. Appropriate Use of the Services
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
- Engage in any harassing, threatening, intimidating, predatory or tricking conduct;
- Use or attempt to use another User’s Account without authorization from that User;
- Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services or any Content.
- Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained from the Services.
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services, or fill in a wrong information in the forms on the Site. In this case Metabook have the right to suspend the account of such user.
- Use the Services in any manner that could interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation, by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another's account that you are not expressly authorized to access.
- Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather content or information from the Services.
- Frame or otherwise create a browser or border environment around any page or content of the Services, or deep-link to any internal page or area of the Services.
- Make any other use of the Services that violates these Terms or any applicable law.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Metabook to any harm or liability of any type.
We do not guarantee that the Services are compatible with any particular operating system, browser, mobile device or other software or equipment.
11. Links to Third Parties
12. Disclaimer of Warranties
You understand and agree that we do not provide any warranty with respect to the services. You expressly acknowledge and agree that your use of the services is at your own risk.
Unless expressly otherwise stated by Canopy Health and except where prohibited by applicable law:
- In no event shall Metabook or any of its affiliates or any of its or their respective officers, directors, employees, agents, representatives, advisors and consultants (collectively, “Metabook Parties”) be liable to you (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, data or information of any kind) arising out of or related to your use of the Services or any Content, even if they have been advised of the possibility of such loss or damages.
- You further agree that the limitations of liability set forth above will survive any termination or expiration of these Terms and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you. You agree, however, that our liability will be limited to the maximum extent permitted by law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms.
To the fullest extent permitted by applicable law, you release Metabook Ltd and the other Metabook consortium Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
You will indemnify, defend, and hold harmless the Metabook Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to or use of the Services, or the Content;
- your User Content and/or User Feedback;
- your violation of any of the provisions of these Terms;
- any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct;
- your conduct in connection with our Services; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Metabook reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Please read the following sections carefully because they require you to arbitrate certain disputes and claims with Metabook and limit the manner in which you can seek relief from us.
16. Waiver of Right to Pursue Class Action Claims
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You and Metabook agree that each may bring claims against the other only on an individual basis and not as a plaintiff of class member in any purported class or representative action of proceeding. Further, you and Metabook agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17. Limitation on Time to Bring an Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred.
18. Agreement to Arbitrate Claims
You and Metabook agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Metabook shall be sent by email to firstname.lastname@example.org.
Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with the section titled “Accounts”, and will include (x) our name, postal address, and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Metabook cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Metabook may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for in this section, file a claim in court.
You and we agree to the following rules relating to any arbitration proceeding:
- You and Metabook waive any right to bring such claims before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
- The venue for all Disputes arising under these Terms shall be in the Republic of Moldova, the country of residence of Metabook consortium member Mati SRL
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.
Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
If any term, clause or provision of this section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
19. Governing Law
You and Metabook agree that these Terms and any Dispute between you and Metabook relating to your use of the Services will be governed by and construed in accordance with the laws of the UK, Germany and Republic of Moldova, countries of residence of Metabook Consortium members.
You and Metabook each irrevocably agrees that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the Republic of Moldova courts, where Metabook Consortium’s member Mati SRL is located. Notwithstanding the foregoing, however, you agree that Metabook may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force.
20. International Users
The Services may contain content, services, or information otherwise not accessible or valid in your country. Access to the Services from outside the United Kingdom is at your own risk, and Metabook ltd does not take responsibility for your use of the Services. Any offer for any product or service made on the Services is void where prohibited by law.
Either you or we may terminate our relationship at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Metabook; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Services, or (e) due to unexpected technical issues or problems. We may also stop providing the Services or create limits on use of the Services (in each case, whether specifically to you or generally). These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them.
Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
22. Limitation of liability
(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:
- (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
- (ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
- (iii) Any use of websites linked to the Products but operated by third parties.
(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Metabook be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.