Terms And Conditions
TERMS OF SERVICE
By using this website, users agree to the following Terms of Service. These Terms may be amended by EBOOK-GALLERY from time to time at its sole discretion. Upon amendment, we will post a notice on our homepage. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to EBOOK-GALLERY making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
When using the Website, you shall be subject to any posted rules or policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 18 years of age or older. If you are under 18, please do not submit personal information to us or conduct transactions through the Website.
Some terms used herein are defined in the last paragraph of the Agreement. Please refer below for definitions.
Ebook-Gallery was created to offer a complete and informative e-book catalogue, which lets the reader choose their preferred platform and reading device. Users can discover, preview and rate Parkstone International’s fine art e-books.
Accessing the Website
You may browse the Website without registering. However, in order to access some portions and features of the Website, you must utilize a username and password. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at email@example.com.
Our Intellectual Property
EBOOK-GALLERY and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our content and the Website. Generally, the digital contents and electronic book titles displayed on the Website serve to market, promote and provide links to one or more sites where such contents may be available for download, purchase, subscription or lease as the case may be. These contents may contain watermarks or be controlled by other digital rights management technologies or be shown at low resolution in order to protect EBOOK-GALLERY’s rights.
Payments, Refunds and Taxes
As EBOOK-GALLERY Website provides links only to distributors, sellers and resellers of the digital content and ebook titles displayed therein, payments and refunds are the responsibility of the e-commerce sites where such contents are sold, leased or subscribed. As such you shall be subject to the policies and procedures on Payments and Refunds defined by such e-commerce sites.
Similarly, taxes applicable to the resulting purchase, download, subscription or lease from the linked sites shall be assessed by the sites where such contents are sold, leased or subscribed.
Content Submitted by Users
You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, making available, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive all claims against us related to moral rights in User Content.
If any of the User Content that you Post to or through the Website contains ideas, suggestions, documents, and/or proposals to EBOOK-GALLERY, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and EBOOK-GALLERY shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at its sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from EBOOK-GALLERY under any circumstances).
Procedure for Making Copyright or Other Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at: firstname.lastname@example.org.
We will work to prevent unlawful activity from taking place on or through the Website. Any response to a complaint will be handled at our sole discretion.
Please note that information provided to us relating to legal complaints, including your personal information, may be disclosed in connection with resolution of the complaint.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use the Website or any Image to:
- Post any User Content that is misleading or that misrepresents any fact (including without limitation your identity);
- violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
- act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, harassing, vulgar, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
- Post any User Content or otherwise transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack;
- exceed your authorized access to any portion of the Website;
- remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
- collect or store personal data about anyone;
- reproduce adapt, distribute, make available, communicate to the public, publicly display or publicly perform (other than as necessary to lawfully access the Website or pursuant to a License) any portion of the Website, the Works or User Content (other than User Content you Posted), in whole or in part.
To the extent allowed by law, EBOOK-GALLERY shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
- EBOOK-GALLERY delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
- EBOOK-GALLERY modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever;
- EBOOK-GALLERY immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you;
- the accuracy, usefulness or availability of any information Posted to or through the Website, including but not limited to any securities trading or investment related information; or
- any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements, or with links to third-party websites, or with third-party service providers, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.
You will indemnify and hold EBOOK-GALLERY harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the Terms, including any breach of the representations and warranties contained herein. You hereby agree that EBOOK-GALLERY shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE « AS IS » AND « AS AVAILABLE ». WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM EBOOK-GALLERY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
In no event shall EBOOK-GALLERY liable TO YOU for any incidental, indirect, punitive, statutory, exemplary, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with a claim, loss, damage, action, suit or other proceeding relating to or arising under or out of the TERMS, even if EBOOK-GALLERY has been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. In no event shall EBOOK-GALLERY be liable to YOU for any amount greater than THE GREATER OF $100 (U.S.) OR THE AMOUNT YOU PAID TO EBOOK-GALLERY FOR SERVICES/LICENSES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Some jurisdictions may not permit certain liability limitations. If any court OR ARBITRATOR determines the law of such a jurisdiction applies, the liability of the EBOOK-GALLERY Parties shall be limited to the greatest extent permitted by law.
If you have a dispute with one or more users of the Website, or with any party who provides advertising on or through the Website, or with any party who provides a website linked to on the Website or SERVICES THROUGH THE WEBSITE, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: « 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. » You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.
Any dispute relating in any way to your use of the Website or Images shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate EBOOK-GALLERY’s intellectual property rights or the representations and warranties contained herein, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted, by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms constitute the entire agreement between you and Confidential Concepts, Inc., and govern your use of the Website.
These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other EBOOK-GALLERY websites or third-party websites.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this Agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, our affiliates, parents, and subsidiaries are third-party beneficiaries hereto.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
EBOOK-GALLERY may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY; (2) CONTENT SUBMITTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) JURISDICTIONAL RESTRICTIONS; (8) RELEASE; (9) GOVERNING LAW; (10) MISCELLANEOUS; (11) ACCESSING THE WEBSITE; (12) DEFINITIONS; and (13) PROHIBITED CONDUCT.
- “Post” → To upload, post, make available, send, share, communicate or transmit.
- “License” → A limited, revocable, and non-exclusive license (the “License”) to, for lawful purposes unrelated to harmfulproducts or services, (1) download a designated copy of the Image from the Website; and (2) further reproduce, distribute, adapt, publicly display, publicly perform and communicate to the public the Image for the purpose of making personal, educational, or business related uses that do not involve (i) reproducing, distributing, communicating to the public, adapting, making available, publicly performing, or publicly displaying the Image for a fee or (ii) incorporating the Image into a television advertisement. The “License” is further limited, conditioned, and explained above under “Our Intellectual Property/Image Licenses.”
- “Including” → “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
- “Website” → EBOOK-GALLERY provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of ‘Website.” The following urls are also included in the definition of “Website”: [INSERT URL].
- “Your Information” → Information submitted to us by you including without limitation your name, address, email address, phone number, fax number, and date of birth.
- “Your Data” → Data we collect about you including without limitation your IP address.
- “User Content” → Data, information, materials, or content of any kind Posted by you or another user to or through the Website.
- “Works” → Content we own, authored, created, purchased, or licensed.