Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICES ("Terms Of Services") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OFFERED BY THIS “SITE”.

By using this Site or goods and services offered by this Site you signify your assent to and agree with these Terms of Services. If you do not agree to all of these Terms of Services, please do not register, use or order service from this Site.

 

1. This site is in the business of publishing and distributing fiction materials in electronic, print and other formats.

2. No user of this site may make use of the content of this Site, either commercial or non-commercial, other than for private reading and enjoyment, without the express prior written permission of the Site.

3. Muktokowlom.com publishes stories on the basis that the site and all those affiliated with it, will not be held liable for any direct, indirect, incidental, punitive or consequential damages. This includes loss of stories, programs, information, personal or public data and any unauthorized use of the stories by any other party. Anyone who submits material to this site waives all claims against the site and anyone affiliated with the site. Submitters have no control over the site or it's use of materials submitted to it.

3. Site reserves the right to remove, alter or add to this Site, its operations and its content at any time in any way at its sole discretion.

4. Site offers no representations as to originality of content or use for particular purposes and relies on its Author materials submitters for such representation.

5. All users of this Site must operate in good faith and in compliance with all Federal, State and Local laws.

6. Links and third-party advertising
This Site contains or may contain links to other websites, including third-party advertising. This Site is not responsible or liable for such other websites or for their Terms of Services. We do not screen or endorse such other websites. This Site expressly disclaims any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this Site.

7. Copyright and Trademark Protection
Copyright Protection
All works and content included, contained or offered on this Site, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Site or their content suppliers and are protected by national and international copyright laws.

Trademark Protection
All logos and other trademarks and service marks which you may find on this Site may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.

8. Disclaimer of Warranty
THE SERVICE OF THIS SITE AND ALL MATERIALS CONTAINED HEREIN AND PRODUCT PRODUCED ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS SITE OR THE EMPLOYEES OR AFFILIATES OF THIS SITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS SITE. THIS SITE IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF DOWNLOADED OR OTHERWISE USED CONTENT OF THIS SITE OR ANY FORM OF WEBSITE DOWNTIME. THIS SITE DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN OR ON THIS SITE WILL BE CORRECTED. THIS SITE IS NOT RESPONSIBLE FOR ANY INABILITY FOR YOU TO ACCESS THIS SITE OR YOUR ARTICLE PRODUCT FOR ANY REASON.

9. Limitation of Liability
IN NO EVENT WILL THIS SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR

- ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Site, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THIS Site OR DOWNLOADED FROM THIS SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THIS SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR

- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS SITE, THE MATERIALS, ARTICLES OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS SITE.

IN THE EVENT A LEGAL AUTHORITY DOES DEEM THE SITE RESPONSIBLE IN ANY WAY, IN NO EVENT SHALL THIS SITE’S MAXIMUM TOTAL AGGREGRATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OF THIS SITE.

THIS SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND THE ASSIGNS OF SAME, ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY THIS SITE. THE RESPECTIVE THIRD PARTY, FOR EXAMPLE, PAYMENT SYSTEMS, IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.

10. Indemnity
You agree to defend, indemnify, and hold harmless this Site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorneys' and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms Of Services, including, without limitation, any breach by you of these Terms Of Services. This Site will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. This Site may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.

11. Force Majeure
This Site is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond this Site's reasonable control, including but not limited to:

- acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
- war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- fiber cuts;
- strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- failure of the telecommunications or information services infrastructure; and
- hacking, SPAM, or any failure of a computer, server or software.

12. No Agency Relationship
Nothing in these Terms Of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between the customer and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein.

13. Notice
Any notice required to be given under these Terms of Services may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx or USPS. Notices by you to us shall be given by e-mail or other electronic messages unless otherwise specified in these Terms of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, e-mail server, or overnight delivery service.

14. No Assignment
Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

15. Severability
If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.

16. No Waiver
Failure by either party to enforce any provision of these Terms Of Services will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.

17. Governing Law
Regardless of your place of residence, you agree that for purposes of venue, this agreement was entered into into the appropriate legal forum located in the geographic location of the site owner. Any dispute will be litigated or arbitrated in the location of the site owner, and you consent to the personal jurisdiction of the courts in the location of the site owner.

18. Headings
Section and subsection headings of these Terms Of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

19. Entire Agreement
These Terms of Services constitute the entire agreement between this Site (with the exception of the Author Contract that may be voluntarily entered into by Author materials submitters and Site)  and you with respect to your access and use of this Site and the content contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site.

20. Privacy Policy
This Site's Privacy Policy is available by clicking on the link 'Privacy Policy'. Please read the Privacy Policy Section carefully before using this Site.