In allowing you access to the Site, Blackstone Publishing is granting you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicensable license to use the Site for your own personal, noncommercial use.
You are not authorized to download any content appearing on or comprising the Site. You may not alter or otherwise modify, reproduce, duplicate, copy, create derivative works based on, sell or otherwise commercially exploit the Site, its content, or any information or material therein or access any information or area of the Site that you are not expressly authorized to access (including without limitation, Blackstone Publishing’s security system) without Blackstone Publishing’s prior written authorization. You agree not to delete or modify any copyright, trademark, or other proprietary notice on the Site or its content.
You agree that your use of the Site and its content will be in compliance with all applicable laws and regulations and that you will not use, or allow any other person to use, the Site or its content for or in connection with any illegal purpose or activity.
Any unauthorized use of the Site or its content will result in the forfeiture and termination of this license and any and all rights extended to you for use of the Site or its content.
You are responsible for all software, hardware, services (such as Internet service), and other equipment necessary to access and use the Site, including all related expenses, if any. By accessing the Site, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device and software in any and all respects.Accuracy, Completeness, and Timeliness of Information and Content on the Site
Blackstone Publishing is not responsible if any information or content available on the Site is not accurate, complete, or current. Blackstone Publishing reserves the right to modify the Site and any content at any time without notice, but has no obligation to update the Site or its content. It is your responsibility to monitor changes to the Site. There may be times when the Site, its content, or certain features or parts of the Site become unavailable on an unscheduled basis. We will not be liable to you for any temporary or permanent withdrawal, modification, unavailability, suspension, or discontinuance of the Site or any content or service available through the Site.Third Party Links
The Site may contain links to web sites of, and advertisements for, third parties. Blackstone Publishing has not reviewed all links and is not responsible or liable for any material, content, information, product, web sites or web pages accessible from or through such links or advertisements. The inclusion of a link or advertisement does not imply endorsement of such link or advertisement by Blackstone Publishing. Your link to any third party site or advertisement is at your risk.Copyrights and Trademarks
All content on the Site (including, without limitation, all graphics, artwork, logos, designs, images, audio clips, audiovisual clips, buttons, icons, digital downloads, interfaces, code and software, text and data compilations, as well as the selection and arrangement thereof) and the overall “look and feel,” color combinations, and other graphical elements of the Site are the exclusive property of and owned by Blackstone Publishing or its licensors or other suppliers (for purposes of this Copyrights and Trademarks Section, “Third Party Providers”) and are protected by United States and international copyright and other applicable laws.
All software used in connection with the Site is the property of Blackstone Publishing or its Third Party Providers and is protected by United States and international copyright and other applicable laws.
Trademarks, logos, and service marks displayed on this Site are registered and unregistered marks of Company and/or the Third Party Providers and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission.User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its content. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to use the Site to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Site. You agree not to attempt to access data or materials not intended for you; not to create a database by downloading and/or saving any content, whether directly or through intermediaries; not to transmit, disclose, collect, or store personal information about others; and not to test the vulnerability of our network and/or security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through the Site, you agree that protection of your own software, personal computer, and other devices from malicious software is your responsibility.
You may not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. As a limited exception, general purpose Internet search engines will be entitled to access the Site and use limited content from the Site if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Site; (ii) they link to and use the content solely in connection with their activities as a general purpose Internet search engine; and (iii) they access the Site from a stable IP address using an easily-identifiable agent. Blackstone Publishing may terminate this limited exception for general purpose Internet search engines at any time and in its sole discretion, upon written notice including, without limitation, email notice.
Blackstone Publishing reserves the right to terminate or restrict your use of our Site and services, without notice, for any or no reason whatsoever.Submissions
You agree, warrant, and represent that and any and all disclosures, comments, suggestions, ideas, and other submissions (“Submissions”) submitted by you through the Site (i) are exclusively owned or controlled by you; (ii) are accurate and do not violate the rights of, or cause injury to, any third party, including without limitation any third-party copyright, trademark right, right of privacy, right of publicity or other personal or proprietary rights; (iii) are not illegal, obscene, defamatory or threatening; and (iv) do not contain viruses. You must not use any false email address or other contact information, impersonate any person or entity, or otherwise mislead as to the origin of your Submissions.
You grant Blackstone Publishing an unrestricted, irrevocable, non-exclusive, transferable, sub-licensable (through multiple tiers of sublicensees), royalty-free, fully-paid-up, perpetual, and worldwide license to any and all Submissions submitted by you through the Site, for use in connection with our Site or our business generally (including for advertising and marketing purposes), and in connection with any media, whether now known or hereafter developed. This license includes, by way of example, the right to license, sublicense, modify, reproduce, edit, adapt, publish, translate, create derivative works from, distribute and display the Submissions at any time or to refrain from doing so for any reason or no reason whatsoever. This license also includes the right to use the name that you submit with your Submissions; but you acknowledge and agree that neither Blackstone Publishing nor its sublicensees is under any obligation to use your name or otherwise attribute the Submissions to you. This license is perpetual. Blackstone Publishing is under no obligation to use any Submission or maintain any Submission in confidence or to pay to use or otherwise proffer compensation for any Submission. You acknowledge and agree that Blackstone Publishing may have something similar to your Submissions already under consideration or development, and Blackstone Publishing will own all right, title, and interest in and to what it creates or develops without use of your Submissions.Privacy
THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKSTONE PUBLISHING DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKSTONE PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS OR MATERIALS OR ANY INFORMATION OR SERVICES PROVIDED ON THE SITE OR THAT IS AVAILABLE THROUGH THE SITE.
IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE AND/OR ITS CONTENTS; OR (2) EMAILS SENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY DATA TRANSMITTED THROUGH SITE IS DONE AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE AND CONTENT PROVIDERS, SUBCONTRACTORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “RELEASEES”) DISCLAIM ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR THE ACCURACY, RESULTS, RELIABILITY, AVAILABILITY, VIRUS-FREE ACCESS, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE, ITS CONTENT OR MATERIALS CONTAINED THEREIN. YOUR ACCESS TO THE SITE, CONTENT AND MATERIALS THEREIN IS SOLELY AT YOUR OWN RISK.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS, TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES WITH RESPECT TO THE AUDIOBOOK AND PRINT CONTENT LISTED ON THE SITE.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so, solely to the extent you are subject to such jurisdiction, the above disclaimer may not apply to you.Limitations of Liability
YOU EXPRESSLY WAIVE ANY STATUTORY OR OTHER PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THESE DISCLAIMERS TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THE RELEASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”Indemnification
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Company in the defense of such matter.Audit Rights and Enforcement
When you use the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Blackstone Publishing may provide notices to you by sending them to the email address you provide to us through the Site. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on the Site, and any such notice shall be deemed received when you visit the Site after we post such a notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice that you send to Blackstone Publishing must be sent by mail to the following address or to such other address as we provide in a notice to you or on the Site: Customer Care, Blackstonepublishing.com, 31 Mistletoe Road, Ashland, Oregon 97520.Governing Law and Jurisdiction
Any claim relating to the Site shall be governed by the laws of the State of Oregon without regard to its (or any other jurisdiction’s) conflict of law provisions. For all such claims and disputes, you agree to the exclusive personal jurisdiction by and venue in the state and federal courts in Jackson County, Oregon, and waive any objection to such jurisdiction or venue. THE PARTIES WAIVE ANY OBJECTION (INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON GROUNDS OF FORUM NON CONVENIENS) WHICH THEY MAY NOW OR HEREINAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN CONNECTION WITH ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF THIS AGREEMENT. THE PARTIES HERETO EXPRESSLY AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY.Force Majeure
Blackstone Publishing is not be responsible for any delay or failure in performance of any kind to the extent such delay or failure is caused by information or content providers or service providers, public enemy, war, terrorism, any civil or military authority, any accident, explosion, fire, storm, earthquake, flood, strike, riots, embargo, computer outage or virus, telecommunications failure or other casualty, labor dispute or any other circumstances beyond Blackstone Publishing’s reasonable control.Miscellaneous
For questions, comments, or assistance, please contact Blackstone Publishing at (800) 621-0182 or write to us at Customer Care, Blackstonepublishing.com, 31 Mistletoe Road, Ashland, Oregon 97520; or by email via http://www.blackstonepublishing.com/contact.