Terms and Conditions

 

Last updated: October 08, 2020

Please read these terms and conditions carefully before using this Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

 

Definitions

 

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

  • Community refers to the Owner creating and maintaining communities for the Website users of www.elizabethmasonbooks.com in order to interact with this Website’s users in a better way.

  • Country refers to California, United States

  • The owner (referred to as "the Owner” in this Agreement) refers to Elizabeth Mason.

  • Device means any device that can access this Website such as a computer, a cellphone, or a digital tablet.

  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Owner regarding the use of this Website. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by this Website.

  • Website refers to Elizabeth Mason, accessible from www.elizabethmasonbooks.com

  • You (referred to as “You” or “User”) means the individual accessing or using this Website, or the owner, or other legal entity on behalf of which such individual is accessing or using this Website, as applicable.

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Owner. These Terms and Conditions set out the rights and obligations of all users regarding the use of this Website.

Your access to and use of this Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use this Website.

By accessing or using this Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access this Website.

 

Age Permitted

 

In order to use this Website and/or use this Website’s services, you must be at least 18 years of age, or of the legal age of majority in Your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to You.

 

Privacy Policy

 

Your access to and use of this Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Owner. The Owner’s Privacy Policy describes the Owner’s policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using the Owner’s Website.

 

Disclaimer

 

Your approval of this Website’s Disclaimer is incorporated into these Terms. Please review the Disclaimer for more information.

 

Links to Other Websites

 

This Website may contain links to third-party websites or services that are not owned or controlled by the Owner.

The Owner has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

The Owner strongly advises You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

 

Termination

 

The Owner may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use this Website will cease immediately.

 

Intellectual Property Rights

 

This Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual Property Rights related thereto, are the exclusive property of the Owner and/or the Affiliates. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without prior written permission from the Owner.

 

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

 

You must not use any part of the content of this Website for commercial purposes without obtaining permission to do so from the Owner.

 

By accepting these Terms, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of the Owner and/or its Affiliates.

 

Neither the Owner nor the Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

 

All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of the Owner and/or the Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of this Website and/or the Affiliates.

For more on the U.S. copyright law see DMCA Policy. The Policy addresses the rights and obligations of owners of copyrighted material who believe their rights under U.S. copyright law have been infringed, particularly but not limited to, on the Internet.

 

User Content

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to this Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the Website.

 

You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

 

User Communities

 

You and all users that join this Website’s community have a public profile that is publicly visible to this Website's visitors, and Your public activity (such as Your posts or comments) will be visible to other visitors of the Website. You can always opt-out and exit the community, and upon doing so, Your profile will not be publicly visible. Natural, in such an event You will not be able to use the community features (e.g. liking, commenting, or writing posts).

 

Promotional Emails and Content

 

You agree to receive from time to time promotional messages and materials from the Owner, by email or any other contact form You may provide the Owner with (including Your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices (including the Newsletter), please just notify the Owner at any time.

 

Indemnification

 

You agree to indemnify and hold the Owner harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to or arising out of, or in connection with Your use of this Website or any of the services offered on the Website.

 

Limitation of Liability

 

Notwithstanding any damages that You might incur, the entire liability of the Owner and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through this Website or 100 USD if You haven't purchased anything through this Website.

 

To the maximum extent permitted by applicable law, in no event shall the Owner, the Affiliates, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use this Website, third-party software and/or third-party hardware used with this Website, or otherwise in connection with any provision of this Terms), even if the Owner or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Further, the Owner shall not be liable in any way for third party goods and services offered through this Website or for assistance in conducting commercial transactions through this Website, including without limitation the processing of orders.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

"AS IS" and "AS AVAILABLE" Disclaimer

 

This Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Owner, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Owner provides no warranty or undertaking and makes no representation of any kind that the Website will (A) meet Your requirements, achieve any intended results, (B) be compatible or work with any other software, applications, systems or services, (C) operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Owner nor any of the Owner’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through this Website; (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Owner are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components, or (v) the quality of any products, services, or information purchased or obtained by you from this Website or the Affiliates will meet your expectations or be free from mistakes, errors, or defects.

 

This Website may include technical or other mistakes, inaccuracies, or typographical errors. The Owner may make changes to the materials and services at this Website at any time without notice. The material or services at this Website may be out of date, and the Owner makes no commitment to update such materials or services.

 

The use of the services or the downloading or other purchases of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

 

With your use of this Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.

 

THE OWNER MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLEY BY SUCH THIRD PARTY, AND NOT BY THE OWNER OR ANY OTHER OF THE AFFILIATES.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Mandatory Arbitration and Governing Law

 

You expressly waive Your right to bring any legal claims, now or in the future arising out of or related to this Website. In the event of any dispute, claim, or controversy arising out of or relating to Your use of this Website, the Terms shall be construed in accordance with the rules and regulations of the state of California and the United States. You agree to consent and submit to the jurisdiction of the state and federal courts located in California without regard to the principle of conflict of law or where the parties are located at the time of dispute arises. You agree to resolve any dispute or claims first through mandatory arbitration in the state of California and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

 

Disputes Resolution

 

If You have any concerns or disputes about this Website, You agree to first try to resolve the dispute informally by contacting the Owner.

 

For the European Union (EU) Users

 

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

 

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

 

These Terms and Conditions may have been translated if We have made them available to You on this Website. You agree that the original English text shall prevail in the case of a dispute.

 

Changes to These Terms and Conditions

 

The Owner reserves the right, at the Owner’s sole discretion, to modify or replace these Terms at any time and without notice. It is your responsibility to periodically check the website for updates.

By continuing to access or use this Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using this website.

 

Reporting copyright infringement

 

If you would like to notify us of the infringing material or activity, you may send an email to eliz12mason@yahoo.com

For more on the U.S. copyright law see DMCA Policy. The Policy addresses the rights and obligations of owners of copyrighted material who believe their rights under U.S. copyright law have been infringed, particularly but not limited to, on the Internet. 

 

This document was last updated on October 8, 2020

 

Contact the Owner

If you have any questions about these Terms and Conditions, You can contact the Owner:

 

Links to other Policies:

Click here for Privacy Policy

Click here for Terms & Conditions

Click here for Cookie Policy

Click here for DMCA Policy

Click here for Acceptable-Use Policy

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