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Terms of Use
Restrictions on Use
This Web site is owned and operated by BenBella Books, Inc. By
accessing or using this site, you agree to the terms set forth in
this Terms of Use agreement as changed from time to time. BenBella
Books retains the right, at its discretion, to change any of these
terms in the future.
Ownership of Copyright
This site contains material that is owned or licensed by BenBella
Books. You may not copy, reproduce, upload, post, distribute,
republish, retransmit, or modify in any way any of the material on
this site, including computer code and software. Provided that you
retain any and all copyright, trademark and other proprietary
notices, you may download material for your personal, non-commercial
use, or for publicity purposes.
No
Unsolicited Manuscripts
BenBella Books does not accept unsolicited manuscripts sent to it
through its Web site, and takes no responsibility for any manuscript
so transmitted.
License to BenBella Books
By posting messages, sending e-mails, inputting data, answering
questions, uploading data or files or otherwise communicating with
BenBella Books through its Web site (a "Communication"), you are
granting BenBella Books a perpetual, non-exclusive, royalty-free,
unrestricted, worldwide license to use, display, sublicense, adapt,
transmit and copy such Communication. The foregoing grant shall
include the right to exploit any proprietary rights in such
Communication, including but not limited to rights under trademark,
copyright, servicemark or patent laws in any relevant jurisdiction.
Additional Rules
This Web site contains various message boards, contests and other
features that are each governed by additional rules. Please read
those rules, posted or linked at each feature, before participating
in them, as they form part of these Terms to which you agree through
your continued use of this site. Also, please note that your
postings to any bulletin boards or forums on this site become
immediately public and will be accessible to anyone on the Internet.
Exclusion of Liability
YOUR USE OF THIS WEB SITE IS "AS IS", AND BENBELLA BOOKS MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR
THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD
LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENBELLA BOOKS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENBELLA BOOKS
FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND
MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN
IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BENBELLA BOOKS OR ANY
AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST
PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES,
DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THE BENBELLA BOOKS WEB SITES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH
BENBELLA BOOKS WEB SITES, WHETHER SUCH DAMAGES ARE BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BENBELLA BOOKS RESERVES THE RIGHT
TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS
WEB SITE.
Because some states do not permit the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.
Links to Other Web Sites
Benbella Books has provided links with other internet sites that are
maintained by third parties, and may from time to time provide
materials from such third party sites on this Web site. Neither
BenBella Books or affiliates in any way control the material
contained on or the services or products offered through such third
party sites. These terms and conditions apply solely to the BenBella
Books sites and you should always review the terms and conditions of
any site that you access through a link from this site.
Indemnity
You agree to defend, indemnify and hold BenBella Books and any
affiliated company or individual harmless from any and all
liabilities, costs and expenses, including reasonable attorneys’
fees, related to any violation of these Terms by you or your
authorized users, or in connection with the use of the Web site or
the Internet or the placement or transmission of any message or
information on this Web site by you or your authorized users.
BenBella Books shall provide notice to you promptly of any such
claim, suit or proceeding and shall reasonably cooperate with you,
at your expense, in your defense of any such claim, suit or
proceeding.
Termination
This agreement may be terminated by BenBella Books at any time
without notice. In the event of termination, you are no longer
authorized to have access to the site, and all limitations on
BenBella Books’ liability and on your use of BenBella Books material
shall survive.
These Terms and Conditions, along with any additional rules or
conditions referred to herein and the BenBella Books Privacy Policy,
constitute the entire agreement and understanding between you and
BenBella Books as to your use of the Benbella Books Web sites,
superseding all prior or contemporaneous communications and/or
proposals. These Terms and Conditions are severable, and in the
event any provision is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the
validity or enforceability of the remaining provisions. A printed
version of these Terms and Conditions shall be admissible in
judicial or administrative proceedings based upon or relating to use
of Benbella Books Web sites to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
Jurisdiction
This agreement shall be governed by the laws of the State of Texas
without giving effect to its conflicts of law principles, and venue
shall be in the state or federal courts located in the State of
Texas. If any provision of this agreement is deemed unlawful, void
or unenforceable, then such provision shall be severed from the
agreement and the remainder of the agreement shall remain in effect.
Contact BenBella Books
If
you have any questions, please contact us at feedback@benbellabooks.com.
Please include the words "Terms of Use" in the subject line of your
e-mail.
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