Terms of Use

By using the MegCabot.com site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the MegCabot.com site. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time in accordance with the procedures set forth below in the paragraph labeled “Amendment.” When using particular services of MegCabot.com, you may be subject to any additional posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Restrictions On Use Of Materials

All content featured on MegCabot.com, including without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and all related software, is the sole property of MegCabot.com, Meggin Cabot, Hanee Designs, LLC, or Meggin’s publishers and protected by United States and international copyright laws. All trademarks, service marks, trade names, and trade dress are proprietary to Meggin Cabot, her affiliates or licensees. No material from the MegCabot.com site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, with the following exception: You may download one copy of any materials on a single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. The use of any MegCabot.com material on any other Web site or computer environment is prohibited.

Privacy Policy

Please review our privacy policy, which governs our gathering and use of information about you, located at here.

Linked Content

MegCabot.com may provide, or third parties may provide, links to other World Wide Web sites or resources. MegCabot.com has no control over such sites and resources and is not responsible for their availability, and does not endorse and shall not be liable to you or any third party for any advertising, products, or other materials on or available from such sites or resources. Also, MegCabot.com shall not be liable to you or any third party, 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 goods or services available on or through any such site or resource.

Forums And Public Communication

“Forum” means a chat area, message board, or e-mail function (including, but not limited to, electronic greeting cards) offered as part of MegCabot.com. If you participate in any Forum within MegCabot.com, you agree to follow our terms set forth below.

You acknowledge that anything you submit to MegCabot.com by way of any Forum is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on MegCabot.com are forums for public and not private communications.

Participants shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent in any Forum. You take responsibility for postings under your username and your use of any of the information provided in the Forums is at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

MegCabot.com and Meg Cabot reserve the right to bring to the attention of parents and guardians, as well as appropriate authorities (including but not limited to school and law enforcement officials), any communications sent to MegCabot.com or Meg Cabot, without limitation. This would include, for example, any posting that mentions, even in jest, the use of illegal drugs, the commission of any other crime or offense; and possible or actual harm to the person making the posting, or to third parties, or both.

House Rules

You agree not to post through your use of the Forums:

  • Personal information that can be used to contact you on or off-line. This includes your full name, email address, website URL, address, phone number, instant messenger name, any online profile that contains contact information, names of family members, what school, camp, or house of worship you attend, full date of birth (month, day and year) and what town you live in.
  • Offensive and inappropriate statements. This includes statements that are defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate of any law.
  • Copyrighted Material (but for very brief quotes or excerpts, properly attributed) unless you or MegCabot.com own the copyright or you have obtained explicit permission from the copyright owner.
  • Advertising. This includes, but is not limited to, direct and indirect solicitation of business, business contact information, use of corporate logos, or use of any language or image that can be construed as an advertisement.

 

Warranties and Disclaimers

Considering the real-time nature of these Forums, it is impossible for us to review all of the messages as they are posted. We will monitor the site daily for inapproriate content, however, please remember that MegCabot.com is not responsible for any messages posted.

Forum messages express the views of the authors of the messages, not necessarily the views of MegCabot.com, Meg Cabot or the operator Hanee Designs. You hereby waive any claim that any message on any Forum has defamed you or otherwise hurt your feelings or reputation.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MegCabot.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MegCabot.COM MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MegCabot.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

YOU UNDERSTAND AND AGREE EXPRESSLY THAT MegCabot.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MegCabot.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.

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.

Banning Users

Generally speaking, users who violate the above rules will be warned once, and then banned from the website after the second violation. However, MegCabot.com, in its sole discretion, reserves the right to terminate your use of the website, or any part of it (such as the Forums) for any reason, including, without limitation, if MegCabot.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any termination of your access to the website under any provision of this Terms of Use may be effected without prior notice and MegCabot.com shall not be liable to you or any third-party for any termination of your access to the website. Any banned users may appeal to Meg Cabot in writing at: 532 La Guardia Place, #359, New York, NY 10012. You agree to indemnify and hold MegCabot.com, 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 your use of this website, your connection to this website, your violation of the Terms of Use, or your violation of any rights of another.

Copyright Agents

MegCabot.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of MegCabot.com the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MegCabot.com’s Copyright Agent for notice of claims of copyright infringement on its site is Laura Langlie who can be reached as follows: 275 President Street, Brooklyn New York 11231. Without limitation of any of its other rights and remedies under the Terms of Use, the policy of MegCabot.com is to terminate access to the website by repeat infringers of copyright.

Amendment

We may change all or part of these Terms of Use from time to time. When we do, we will give notice of changes in this space so you can be kept abreast by visiting this page from time to time. MegCabot.com may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, the website (or any part of it), with or without notice.

Last Updated February 28, 2004.