TERMS OF USE

Effective February 1, 2019

Welcome to Blackstonepublishing.com (the “Site”), operated by Blackstone Audio, Inc. (referred to as “Blackstone Publishing,” the “Company,” “we,” and “our”). Please read these Terms of Use before using the Site. The Terms of Use constitute a binding agreement between you and Blackstone Publishing.

Introduction and Acceptance of Terms of Use

By using the Site, you, on behalf of yourself and any entity you represent (if any), agree to be bound by the Terms of Use in its then-current form. If you do not agree to the Terms of Use, please do not use the Site or any of the services provided on the Site. Users who violate these Terms of Use may have their access to and use of the Site suspended or terminated, at the discretion of the Company.

In addition to these Terms of Use, please review the information practices disclosed in our Privacy Policy.

Modification to these Terms of Use

We may update these Terms of Use in our discretion, and the latest version will be posted on the Site. Accordingly, you should visit this page periodically to review the most current Terms of Use. You can determine if these Terms of Use have been revised since your last visit to the Site by referring to the effective date. In addition, if you have provided us your email address through the Site, we may, in our discretion, also notify you of such changes via the email address you have provided to us. Your use of the Site following such revisions constitutes your acceptance of and agreement to these Terms of Use, as revised by us. The revisions will be effective upon posting, unless some other date is specified.

Promotions and Offers

Additional terms and conditions may apply to contests, promotions, or other similar features or offerings of the Site, all of which are incorporated into these Terms of Use by this reference. All promotions and offers that we make available will be subject to these Terms of Use, as well as any additional conditions that are stated to apply to them.

Use of Site

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.

As an Amazon Associate I earn from qualifying purchases.

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.

You expressly acknowledge and agree that engaging in any of the above prohibited activities constitutes an unauthorized use of the Site and content and is a material breach of these Terms of Use, which may result in sanctions, ranging from suspension or termination of your access to the Site to criminal and/or civil liability. Other violations of these Terms of Use may also result in such sanctions and liability.

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 Company’s Privacy Policy governs the use of personal information and other information provided to us through the Site and collected as you use the Site.

Disclaimer

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 acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELEASEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, ENHANCED, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR ITS CONTENTS, OR FOR ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR ITS CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage, your loss of profits or theft, loss of business, loss of goodwill, destruction, unauthorized access to, alteration of, loss of use of any record or data, business interruption, and any other tangible or intangible loss. No recovery may be sought or received for damages other than out-of-pocket expenses you incurred as a result of your use of the Site, if any, but in no event shall you recover attorneys’ fees or legal costs. You waive all rights to have damages multiplied or otherwise increased. You and Company agree that any cause of action arising out of or related to the Site or its content or these Terms of Use must be filed within one (1) year after the cause of action accrues or the cause of action is permanently barred. You agree that any and all disputes, claims, or causes of action arising out of or relating to your use of Site or its content shall be resolved individually, without resort to any form of class action. These limitations apply notwithstanding any failure of essential purpose of any limited remedy.

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE A MATERIAL PART OF OUR AGREEMENT. SOLELY TO THE EXTENT THAT, AS A RESULT OF APPLICABLE LAW, ANY OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY DOES NOT APPLY TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL TYPES OF DAMAGES AND LOSSES AND ALL TYPES OF CLAIMS AND LIABILITY SHALL BE THE GREATER OF (i) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO YOUR CLAIM; OR (ii) USD 25.00 (TWENTY FIVE U.S. DOLLARS).

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

You agree to indemnify, defend and hold harmless Blackstone Publishing and its subsidiaries, affiliates, licensors, service providers, subcontractors, and suppliers, and each of their respective officers, directors, members, shareholders, employees, representatives, and agents (collectively, the “Indemnitees”) from and against any and all suits, losses, claims, demands, liabilities, expenses, damages and costs, including reasonable attorneys fees, court costs and expenses, arising or resulting from (i) your use of the Site, its content, and/or any other materials it contains; (ii) your violation of these Terms of Use or breach of any of your representations or warranties in these Terms of Use; (iii) your negligent or willful misconduct; (iv) the Submissions that you submit through the Site; or (v) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, trade secret misappropriation, harm to a third party's trademark or other intellectual property rights, violation of any third party privacy right or right of publicity, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement and continues even after you stop using the Site.

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

Blackstone Publishing has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your use of the Site to determine your compliance with these Terms of Use. Blackstone Publishing has the right to enforce these Terms of Use, for any reason and in any manner or by any means that Blackstone Publishing, in its sole discretion, deems necessary or appropriate. Blackstone Publishing may cooperate with any legal process relating to your use of the Site. Blackstone Publishing may, in its sole discretion, start, stop, or modify any regulation or enforcement measures at any time. Blackstone Publishing action or inaction to regulate content or conduct or to enforce any potential or actual violation of these Terms of Use by any user does not waive Blackstone Publishing’s right to implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential or actual violation of these Terms of Use.

Your Discontinued Use

You may discontinue use of the Site at any time. These Terms of Use will continue to apply to all past use of the Site, even if you are no longer using the Site.

Notices and Electronic Communications

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

This Site is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. Company makes no representation that the Site or its contents are appropriate or available for use in locations outside the United States. Use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms of Use. If you access the Site, you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion

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

These Terms of Use (and the other terms and policies incorporated herein) constitute the entire agreement between you and Blackstone Publishing regarding your use of the Site. If any provision of the Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms of Use. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use. We may assign our rights and obligations under these Terms of Use to any party, at any time, and without notice to you, unless otherwise expressly stated herein or required by law. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms of Use and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. We reserve all rights not granted expressly in these Terms of Use.

Questions or Comments?

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.