ParaDonBooks.com Web Site (the “Site”) is an online publishing platform provided by ParaDon Books Publishing, and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
ParaDonBooks.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ParaDonBooks.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE COPYRIGHTED MATERIALS ON THIS SITE, INCLUDING EBOOKS, GRAPHICS, VIDEOS, ANNOUNCEMENTS AND/OR ADVERTS. You may print and download portions of ebook materials from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. With an exception to our authors, you agree to grant to ParaDonBooks.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of ParaDon Books Publishing. Other product and company names mentioned
Use of the Site.
You may visit our Sites without further permission from ParaDon Books and ParaDonBooks.com grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of
SOCIAL DISTRIBUTION AND WIDGETS.
ParaDon Books Publishing may allow you – by
Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content publicly ("Community Forums"), including, without limitation, on “Discussion Boards” in connection with user reviews or a contest or promotion or through other interactive features on the Sites. The Community Forums allow users to post content (including, without limitation, photographs, writings, pictures, data, questions, comments, blogs, videos, and suggestions) and exchange information, ideas
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant ParaDon Books the license below. Upon ParaDon
ParaDon Books Publishing is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of ParaDon Books. ParaDon Books is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to S&S.
You remain the owner of your User Content, but you acknowledge that ParaDon Books must have a license from you in order to accept your User Content. Accordingly, you grant to ParaDon Books Publishing an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that ParaDon Books is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize ParaDon Books to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that ParaDon Books may be working on or developing material similar or the same in nature to your User Content and that ParaDon Books may have received similar or the same intellectual property rights from another party. ParaDon Books Publishing owes you no obligation connected to your submissions unless you and ParaDon Books Publishing enter a written agreement to that effect. Any discussion or negotiations between you and ParaDon Books regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that ParaDon Books has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that ParaDon Books will not have any obligation to you with regard to User Content and that ParaDon Books may or may not monitor, display or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Usage Rules ("Rules"):
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and
passit off as your own. This includes any content that you might have found elsewhere on the Internet.
- No music. Your User Content may not contain any music unless the work and performance
isoriginal to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS.
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. ParaDon Books reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Sites, or from
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site (including, but not limited to, Facebook). For example, the Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on a Site, or a feature that lets you post to your social networking page a link to Site Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s
ParaDon Books grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that ParaDon Books or the Sites is endorsing or sponsoring any third party or its products or services, unless ParaDon Books has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in ParaDon Books’s sole opinion, harm ParaDon Books or its products or services; (d) must not use any ParaDon Books trademarks without the prior written permission from ParaDon Books; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ParaDon Books sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, ParaDon Books reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
The Site may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding ParaDon Books. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify ParaDon Books of any changes to your mobile number and update your account(s) on the Sites to reflect this change. Instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., "STOP") to the applicable shortcode for the Mobile Feature. In all cases, if you reply STOP to any text message received, you will opt-out from receiving those text messages.
DISCLAIMER OF WARRANTIES WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD OR LICENSED BY ParaDon Books THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ParaDon Books Publishing AND ITS AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "ParaDon Books PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND THE SITE CONTENT; (B) PRODUCTS SOLD OR LICENSED BY ParaDon Books THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ParaDon Books OR VIA THE SITE. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ParaDon Books PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE ParaDon Books PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ParaDon Books PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE ParaDon Books PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE S&S PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE ParaDon Books PARTIES DO NOT ENDORSE USER CONTENT OR COLLABORATIVE CONTENT AND ARE NOT RESPONSIBLE FOR USER CONTENT OR COLLABORATIVE CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE S&S PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ParaDon Books ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, BOOK, PROPERTY, PRODUCT, PROGRAM, SERVICE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE ParaDon Books PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE ParaDon Books PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the ParaDon Books Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or
The Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. ParaDon Books may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Sometimes the Sites may offer products or services for sale or license via an in-app or similar purchase where the transaction is facilitated by the operator of a third party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, ParaDon Books shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. ParaDon Books shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ParaDon Books will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or
ParaDon Books reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, if ParaDon Books believes your conduct violates these Terms. ParaDon
This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
ParaDon Books does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Any rights not expressly granted herein are reserved.
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