Terms and Conditions for Use of Website
The Service and the Site are operated by Convivium Press, Inc., a company incorporated under the laws of the State of Florida whose mailing address is 7661 NW 68th Street, Suite 108, Miami, FL, 33166, U.S.A.
Purpose of the Service
The Company publishes and sells books, whether in print, electronic (e.g., E-Books) or other format (the “Products”) and offers such Products for sale on the Site.
License and Site Access
The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include the right to any resale or commercial use of this Site or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company 's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
The Company uses its reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of the Company. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of the Company. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Service.
In order to access some features of the Site, you will have to register and create an account. You agree that the information that you provide to the Company on registration and at all other times will be true, accurate, current and complete. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
You also agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to be responsible for all activities that occur using your account and/or your password. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or if you suspect any other breach of security involving or relating to the Service, your account, or your password. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. If you are under 18 years of age, you must use the Site with an adult's consent/supervision. The Company reserves the right to refuse Service or Products, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Suspension and Termination of Access and Membership
You agree that the Company may at any time without notice:
- refuse to accept your registration; or
- move, change, or suspend any part of the Service; or
- refuse to fulfill any order, or any part of any order; or
- terminate your account and delete any content stored in your account if, in the Company's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
Public Forums and Communication
You may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. The Company reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.
You are responsible for all of the content you type, upload or copy using the Service or the Site. You must either own all right, title and interest in and to the copyrights in the content or have express permission from the copyright owner to copy and use such content for all purposes related to the Service, and the content may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) or others. The Company may delete any Content that in its sole judgment violates the Terms or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply.
The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. The Company does not endorse the content and the content does not necessarily reflect the opinions or policies of the Company.
Rules of Conduct
You agree not to use the Service and the Site:
- for any unlawful purposes;
- to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to the Company;
- to harm minors in any way, including, but not limited to, submit content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to attempt to upload images by any method to another user’s account without permission;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to the Company or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site; or
- provide any information to the Company that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
- re-sell the Service, the Products or any portion of the Service or the Products.
Formation of a Binding Contract
No contract will exist between you and the Company for the supply of any Products unless and until the Company accepts your order by a confirmatory e-mail, or other appropriate means of communication.
Pricing and Product Information
All prices are stated in U.S. dollars and are valid unless otherwise altered by us. Prices do not include delivery charges or any import/export duties that may be associated with the order.
Information about Products is subject to change without notice. Prices are also subject to change prior to our acceptance of your order. In the event that you order Products and the price published by the Site was incorrect, the Company will notify you as to the correct price and inquire as to whether you wish to fulfill your order at the correct price. Any dates specified for delivery of any Products are intended to be an estimate only.
No refund or exchange is permitted once an order has been placed, except as set forth in the next section entitled “Right for Returning Damaged Orders.”
Right for Returning Damaged Orders
If the delivered Product arrives damaged, please email our online customer service department at email@example.com within 48 hours of receipt of the Product with an explanation of the damage. The Company will determine and notify you as to whether you can return the Product. If you are allowed to return the Product, you will need to complete the personalized return form and return your order, in the original packaging within 30 days of the Company’s notice of approval. Upon receipt of the damaged Product, the Company will, at its sole option, either send you a second copy of the order (subject to availability) or refund you the price you have paid for the Product.
All titles, books, characters, characters’ names, brands, product names and service names used in the Service which identify the Company, or third parties and their products and services are proprietary marks of the Company and/or the relevant third parties. Nothing in the Service shall be deemed to confer on any person any license or right on the part of the Company or any third party with respect to any such image, logo or name.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by United States and international copyright laws. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including, but not limited to, photocopying or storing it in any medium by electronic means).
Reporting Violations of Your Copyrights
If you are a copyright owner or an agent thereof and believe that your work or your principal’s work have been violated through the Service, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(2) (the Digital Millennium Copyright Act (“DMCA”)) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated Copyright Agent to receive notifications of claimed infringement is: Editor. 7661 NW 68 St. Suite 108. Miami, Fl 33166. USA. Email: firstname.lastname@example.org, telephone: +1(786) 8669718, fax: +1(786) 8669719.
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s address in our records.
Third Party Dealings
The Site may contain links to third party websites that are not owned or controlled by the Company. You agree that we have no control over such sites and are not responsible for them. You also agree that we are not responsible for any content, advertising, products or material on or available from such sites or resources.
If you acquire goods or services from a third party, whether or not the goods or services are used as part of or found through the Service, you agree that your business dealings with that third party are solely between you and the third party. We have no liability for any reason connected with such third party or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise.
Disclaimer of Warranty and Limitation of Liability
THE SERVICE, THE SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTION PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSIONS OF ANY DIGITAL CONTENT, TEXT, DRAWING OR IMAGE TO THE SITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT, TEXT, DRAWING, OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF THE SHIPMENT OF A DEFECTIVE PRODUCT BY THE COMPANY, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VI) ERRORS OR OMISSIONS IN ANY CONTENT OF FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE MAY NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE COMPANY'S SITE OR MAKING ANY PURCHASE FROM OR PLACING ANY ORDER ON THE COMPANY'S SITE.
The Site is controlled and offered by the Company from its facilities in Miami, FL. USA. The Company makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Applicable Law and Jurisdiction
You hereby agree to indemnify, defend, and hold the Company and our affiliates and their respective officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your actions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Last revised June 30, 2008.