Welcome to the Nota Handstand-Inc.com website (the "Handstand-Inc.com Site"), a website owned and operated by Handstand, Inc.
Handstand-Inc.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Handstand-Inc.com) of the contents of the Handstand-Inc.com Site, which includes the Digital Content, as defined in Section XII, ("Content"). Additional terms and conditions apply to Digital Content and the Handstand Reader Software, as those terms are defined in Section XII below, and User Created Content, as that term is defined in Section XIII below. Handstand-Inc.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Handstand-Inc.com Site so long as the link does not portray Handstand-Inc.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Handstand-Inc.com's express written consent (which may include a written agreement signed by an authorized representative of Handstand-Inc.com). Any unauthorized use of the Handstand-Inc.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Handstand-Inc.com.TOC
Handstand-Inc.com, Handstand, Inc., or their respective parents, subsidiaries, or affiliates, or third parties from whom Handstand-Inc.com has permission, own the trademarks or service marks that are used on the Handstand-Inc.com Site and in connection with the Handstand Reader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Handstand-Inc.com and its licensors may not be used without prior written consent of Handstand-Inc.com or its licensor, as the case may be. Without limiting the foregoing, no Handstand-Inc.com trademark or trade dress may be used in connection with any product or service that is not Handstand-Inc.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Handstand-Inc.com.TOC
User acknowledges that the Handstand-Inc.com Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Handstand-Inc.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Handstand-Inc.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the Handstand Reader Software, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, including Digital Content and the Handstand Reader Software, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
Handstand-Inc.com is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. Handstand-Inc.com has no editorial control over such Content. Handstand-Inc.com is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Handstand-Inc.com or any Handstand-Inc.com Provider, unless expressly stated otherwise. Neither Handstand-Inc.com nor any Handstand-Inc.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the Handstand-Inc.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Handstand-Inc.com or any Handstand-Inc.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Handstand-Inc.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Handstand-Inc.com Site.TOC
The Handstand Reader Software, is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Handstand Reader Software are limited by these Terms and Conditions of Use, pursuant to FAR Â§ 12.212(a) and/or DFARS Â§ 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Handstand Reader Software and the Handstand-Inc.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Handstand Reader Software or the Handstand-Inc.com Site for any illegal purpose. Because the Handstand Reader Software, the Handstand-Inc.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Handstand Reader Software or any Content, including Digital Content and User Created Content, unless User has complied with all applicable U.S. export controls.TOC
The price for an item on the Handstand-Inc.com Site may differ from the price shown in a User's shopping cart— it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Handstand-Inc.com Site. If the price for the item on the Handstand-Inc.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Handstand-Inc.com, Handstand-Inc.com may either (i) contact the User for instructions before charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by Handstand-Inc.com. Any purchases of Digital Content, as that Term is defined in Section XII below, or from any third-party sellers on the Handstand-Inc.com Site may be subject to different policies in the event of an incorrectly priced item.TOC
With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the Handstand-Inc.com Site pass to the User upon delivery of the item to the carrier.TOC
The items offered for sale on the Handstand-Inc.com contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Handstand-Inc.com does not represent or warrant that the descriptions of such items are accurate or complete.TOC
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Handstand websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Handstand websites, we will remove that information as soon as possible.TOC
In certain cases, in Handstand-Inc.com's sole discretion, Handstand-Inc.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Handstand-Inc.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Handstand-Inc.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.TOC
Every User that has an account on the Handstand-Inc.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Handstand-Inc.com account using an old e-mail address, such User will not receive messages from Handstand-Inc.com about his or her orders and inquiries or other matters).
ser accepts full responsibility for all activities that occur within such User's Handstand-Inc.com account or within the Handstand-Inc.com interactive community.TOC
Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first create a Handstand-Inc.com account by supplying their email or Facebook or Twitter account; where applicable, users must provide valid credit card information and the User's billing address to Handstand-Inc.com; and where applicable for mobile usage install Handstand's eReader software application (the "Handstand Reader Software") onto their electronic reading device(s). At the time of installation, Handstand grants User a non-exclusive, revocable license to download and make personal, non-commercial use of the Handstand Reader Software solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of the Handstand Reader Software End User License Agreement, where applicable.
Handstand-Inc.com reserves the right to automatically update, modify and/or reinstall the Handstand Reader Software. The Handstand Reader Software is subject to restriction and/or revocation for security purposes or other purposes as determined by Handstand-Inc.com.
There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may use to interact with the Handstand Reader Software. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Handstand Reader Software.
Your purchased Digital Content will be stored in, or accessible from, your Library on the Handstand-Inc.com Site as well as in App. You can access your Library by signing into your Handstand-Inc.com account. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.
Digital Content is only available for purchase by Users with a credit card that has a United States billing address. By opening a Handstand-Inc.com account for Digital Content, you represent and warrant to Handstand-Inc.com that you reside in the United States and that you are capable of entering a contract under the laws of the United States.
Handstand-Inc.com reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from your Library, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your device[s] will not be affected.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Handstand Reader Software or copyrighted Digital Content; (ii) create derivative works from or of the Handstand Reader Software or copyrighted Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Handstand Reader Software or copyrighted Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the copyrighted Digital Content available to any third party.TOC
The Handstand-Inc.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or create an annotation, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Handstand-Inc.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question if applicable or contact Handstand.
Notwithstanding the foregoing, Handstand-Inc.com assumes no responsibility for ongoing monitoring of the Handstand-Inc.com Site or for removal or editing of any User Created Content, even after receiving notice. Handstand-Inc.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The Handstand-Inc.com online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Handstand-Inc.com does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Handstand-Inc.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Handstand-Inc.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Handstand-Inc.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Handstand-Inc.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to Handstand-Inc.com for distribution on the Handstand-Inc.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Handstand-Inc.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Handstand-Inc.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Handstand-Inc.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Handstand-Inc.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Handstand-Inc.com retains any and all rights which may exist in such User Created Content.TOC
User consents to receive electronic communications from Handstand-Inc.com, whether addressed to the e-mail address associated with such User's Handstand-Inc.com account or posted on the Handstand-Inc.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Handstand-Inc.com Site satisfies any legal requirement that such communications be made in writing.TOC
Handstand-Inc.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Handstand-Inc.com Site or through the Handstand-Inc.com Services, whether caused by Users of the Handstand-Inc.com Site or the Handstand-Inc.com Services or by any of the equipment or programming associated with or utilized in the Handstand-Inc.com Site or the Handstand-Inc.com Services, including the Handstand Reader Software. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Handstand-Inc.com. Profiles and third party applications created and posted by Users on the Handstand-Inc.com Site may contain links to other websites. Handstand-Inc.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Handstand-Inc.com. Inclusion of any linked website on the Handstand-Inc.com Services does not imply approval or endorsement of the linked website by Handstand-Inc.com. When you access these third party sites, you do so at your own risk. Handstand-Inc.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Handstand-Inc.com Site or the Handstand-Inc.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Handstand-Inc.com is not responsible for the conduct, whether online or offline, of any User of the Handstand-Inc.com Site or the Handstand-Inc.com Services. Handstand-Inc.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Handstand-Inc.com is not responsible for any problems or technical malfunction of the Handstand Reader Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Handstand-Inc.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Handstand-Inc.com Site or Services. Under no circumstances shall Handstand-Inc.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Handstand-Inc.com Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the Handstand-Inc.com Services, from the Handstand Reader Software, or from the conduct of any Users of the Handstand-Inc.com Site or Handstand-Inc.com Services, whether online or offline.
The Handstand-Inc.com Site and the Handstand Reader Software are provided by Handstand-Inc.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Handstand-Inc.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Handstand-Inc.com nor any Handstand-Inc.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Handstand-Inc.com Site, or the information, Content, including Digital Content and User Created Content, the Handstand Reader Software, and materials or products included thereon; (ii) that the Handstand-Inc.com Site or the Handstand Reader Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the Handstand Reader Software, or merchandise provided through the Handstand-Inc.com Site; or (iv) that the Handstand-Inc.com Site, its servers, the Handstand Reader Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of Handstand-Inc.com are free of viruses, scripts, trojan horses, worms or other harmful components.
Handstand-Inc.com does not guarantee the continuous, uninterrupted or secure access to the Handstand-Inc.com Site, the Handstand Reader Software, or any related services. The operation of the Handstand-Inc.com Site and the Handstand Reader Software may be interfered with by numerous factors outside the control of Handstand-Inc.com.
Under no circumstances shall Handstand-Inc.com or any Handstand-Inc.com Provider be liable for any damages that result from the use of or inability to use the Handstand-Inc.com Site, including but not limited to reliance by a User on any information obtained from the Handstand-Inc.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Handstand-Inc.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the Handstand Reader Software, merchandise, and services available through the Handstand-Inc.com Site.
Neither Handstand-Inc.com nor any Handstand-Inc.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Handstand-Inc.com Site, the Handstand Reader Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if Handstand-Inc.com or any Handstand-Inc.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.TOC
Each of Handstand-Inc.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Santa Clara County, California and waives any objection to the laying of venue of any litigation in said courts.TOC
Alternatively, at Handstand-Inc.com's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Santa Clara County, California.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Handstand-Inc.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Handstand-Inc.com, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Handstand-Inc.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Handstand-Inc.com to locate the material on the Handstand-Inc.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Handstand-Inc.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Handstand, Inc. 800 W. el Camino Real, #180, Mountain View, CA 94040. Handstand-Inc.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.TOC