AGREEMENT
BETWEEN USER AND GOOD IMPRESSIONS AUDIO BOOKS
The
Web Site operated by Good Impressions Audio Books or its affiliates
or subsidiaries is comprised of various Web sites
and Web pages. Good Impressions Audio Books Web Sites are offered
to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein.
Your use of Good Impressions Audio Books Web Sites constitutes
your agreement to all such terms, conditions, and
notices. Your use of a particular Good Impressions Audio Books website included within Good Impressions Audio Books Web Sites
network may also be subject to additional terms outlined
elsewhere on that website (the "Additional Terms").
Additionally, Good Impressions Audio Books Web Sites may themselves
contain additional terms that govern particular features
or offers (for example, legal documents or templates).
In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within
any particular Good Impressions Audio Books website, then these
terms shall control.
PLEASE
READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS
CAREFULLY BEFORE USING THIS WEB SITE (this "Site").
By accessing or using this Site, you agree to these
terms of use, conditions and all applicable laws.
If you do not agree to these terms you may not use
this Site.
MODIFICATION
OF THESE TERMS OF USE.
Good Impressions Audio Books reserves the right to change the terms, conditions,
and notices under which Good Impressions Audio Books Web Sites
are offered, including but not limited to the charges
associated with the use of Good Impressions Audio Books Web
Sites. You are responsible for regularly reviewing
these terms and conditions.
USE
OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless
otherwise specified, Good Impressions Audio Books services are
for your personal and noncommercial use. You may not
modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products
or services obtained from Good Impressions Audio Books.
You
may display and, subject to any expressly stated restrictions
or limitations relating to specific material, electronically
copy, download and print hard copy portions of the
material from the different areas of the Site solely
for your own noncommercial use, or to place an order
with Good Impressions Audio Books or to purchase Good Impressions Audio Books products. Any other use of materials on this Site,
including but not limited to the modification, reproduction,
distribution, republication, display or transmission
of the content of this Site, without prior written
permission of Good Impressions Audio Books is strictly prohibited.
Harassment
in any manner or form on the Site or any of Good Impressions Audio Books Websites, including via e-mail and chat or
by obscene or abusive language is strictly forbidden.
Impersonation of others, including a Good Impressions Audio Books employee, host, or representative or other members
or visitors on the Site is prohibited. You may not
upload to, distribute, or otherwise publish through
the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable,
or which may constitute or encourage a criminal offense,
violate the rights of any party or otherwise give
rise to liability or violate any law. You may not
upload commercial content on the Site or use the Site
to solicit others to join or become members of any
other commercial online service or other organization.
The
entire content included in this Site, including but
not limited to text, design, graphics, interfaces,
or code and the selection and arrangements thereof
is copyrighted as a collective work under the United
States and other copyright laws, and is the property
of Good Impressions Audio Books. The collective work includes works
that are licensed to Good Impressions Audio Books. Copyright 2005,
2006, 2007, 2008, 2009. ALL RIGHTS RESERVED. All trademarks, service
marks, and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are
proprietary to Good Impressions Audio Books, or other respective
owners that have granted Good Impressions Audio Books the right
and license to use such Marks.
NOTICES
AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant
to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should
be sent to the website's designated agent. ALL
INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Good Impressions Audio Books respects the intellectual property of others,
and we ask our users and visitors to do the same.
Good Impressions Audio Books will process and investigate notices
of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying with the
DMCA, Good Impressions Audio Books will act to remove or disable
access to any material found to be infringing or
found to be the subject of infringing activity and
will act to remove or disable access to any reference
or link to material or activity that is found to
be infringing.
If you believe that your work has
been copied in a way that constitutes copyright
infringement, please provide Good Impressions Audio Books the
following information. Please be advised that to
be effective, the Notification must include ALL
of the following:
1.a
physical or electronic signature of the person authorized
to act on behalf of the owner of an exclusive copyright
that is allegedly infringed; 2.a
description of the copyrighted work that you claim
has been infringed;
3.a
description of where the material that you claim
is infringing is located on the Site;
4.your
address, telephone number, and email address and
all other information reasonably sufficient to
permit Good Impressions Audio Books to contact you;
5.a
statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law;
6.a
statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized
to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Notices
of claimed copyright infringement should be directed
to:
IMPORTANT
NOTE:THE PRECEDING INFORMATION IS
PROVIDED EXCLUSIVELY FOR NOTIFYING GOOD IMPRESSIONS AUDIO BOOKS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE
RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON
PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH
THIS PROCESS.
In
the event a Good Impressions Audio Books product or service is
listed incorrect information due to typographical
error or error in pricing information received from
our suppliers, Good Impressions Audio Books shall have the right
to refuse or cancel any orders placed for product
or service listed at the incorrect price. Good Impressions Audio Books shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed
and your credit card charged. If your credit card
has already been charged for the purchase and your
order is canceled, Good Impressions Audio Books shall issue a credit
to your credit card account in the amount of the incorrect
price.
TERM;
TERMINATION.
These
terms and conditions are applicable to you upon your
accessing the Site and/or completing the registration
or shopping process. These terms and conditions, or
any of them, may be modified or terminated by Good Impressions Audio Books without notice at any time for any reason.
The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification,
Applicable Laws, Arbitration and General, shall survive
any termination.
USER
PARTICIPATION.
Good Impressions Audio Books does not and cannot review all communications
and materials posted to or created by users accessing
the Site and is not in any manner responsible for
the content of these communications and materials.
You acknowledge that by providing you with the ability
to view and distribute user generated content on the
Site, Good Impressions Audio Books is merely acting as a passive
conduit for such distribution and is not undertaking
any obligation or liability relating to any contents
or activities on the Site. However, Good Impressions Audio Books reserves the right to block or remove communications
or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or
(d) violates any law or regulation or (e) offensive
or otherwise unacceptable to Good Impressions Audio Books at its
sole discretion. Note that any personally identifiable
information you may post or transmit will be treated
by Good Impressions Audio Books in accordance with Good Impressions Audio Books's Privacy
Statement.
USER
SUBMISSIONS.
Except
for any personally identifiable information we may
collect from you under the guidelines established
in our Privacy
Statement., any material, information or other
communication you transmit, upload or post to this
Site ("Communications")will be considered non-confidential
and non-proprietary. Good Impressions Audio Books will have no
obligations with respect to the Communications. Good Impressions Audio Books and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things
embodied therein for any and all commercial or noncommercial
purposes.
USER
CHAT ROOMS.
Good Impressions Audio Books may, but is not obligated to, monitor or review
any areas on the Site where users transmit or post
Communications or communicate solely with each other,
including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any
such Communications. Good Impressions Audio Books, however, will
have no liability related to the content of any such
Communications, whether or not arising under the laws
of copyright, trademarks, libel, privacy, obscenity,
or otherwise.
In
an attempt to provide increased value to our visitors,
this Site may contain links to other sites on the
Internet that are owned and operated by third party
vendors and other third parties (the "External Sites").
However, even if the third party is affiliated with Good Impressions Audio Books, Good Impressions Audio Books has no control over
these linked sites, all of which have separate privacy
and data collection practices, independent of Good Impressions Audio Books. Good Impressions Audio Books has no responsibility or liability
for these independent policies or actions and is not
responsible for the privacy practices or the content
of such web sites. These linked sites are only for
your convenience and therefore you access them at
your own risk. Links do not imply that Good Impressions Audio Books sponsors, endorses, is affiliated with or associated
with, or has been legally authorized to use any trademark,
trade name, service mark, design, logo, symbol or
other copyrighted materials displayed on or accessible
through such External Sites. Nonetheless, Good Impressions Audio Books seeks to protect the integrity of its Site
and the links placed upon it and therefore requests
any feedback on not only its own Site, but for sites
it links to as well (including if a specific link
does not work).You should contact the Site administrator
or Webmaster for those External Sites if you have
any concerns regarding such links or the content located
on such External Sites.
CLAIMS.
Each
claim or statement about the effectiveness of Good Impressions Audio Books products and/or each claim or statement comparing
the effectiveness of Good Impressions Audio Books products to the
effectiveness of other products is expressly limited
to the United States, unless otherwise disclosed on
the Site.
DISCLAIMER.
Good Impressions Audio Books makes no warranties or representations about
the accuracy or completeness of this Site's content
or the content of any site or External Sites.
While Good Impressions Audio Books does filter advertisements or other content
that children may view through our sites we do not filter content through other or "hot-linked"
sites, and you could receive content and materials
from the Internet and/or advertising that are inappropriate
for children. We encourage parents and guardians
to spend time online with their children and to
consider using an electronic filtering software.
THIS
SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS
IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,
AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Good Impressions Audio Books DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Good Impressions Audio Books DOES NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Good Impressions Audio Books DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY.
IN
NO EVENT SHALL Good Impressions Audio Books BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF Good Impressions Audio Books HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You
agree to indemnify, defend, and hold harmless Good Impressions Audio Books, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or
any activity related to your Internet account (including
negligent or wrongful conduct), by you or any other
person accessing the Site using your Internet account.
Your
use of this Site shall be governed in all respects
by the laws of the state of Washington, U.S.A., without
regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly
arising out of or relating to this Site (including
but not limited to the purchase of Good Impressions Audio Books products) shall be in the state or federal courts
located in Cowlitz County, Washington. Any cause of
action or claim you may have with respect to the Site
(including but not limited to the purchase of Good Impressions Audio Books products) must be commenced within one (1)
year after the claim or cause of action arises. Good Impressions Audio Books's failure to insist upon or enforce strict
performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any
of these terms and conditions. Good Impressions Audio Books may
assign its rights and duties under this Agreement
to any party at any time without notice to you.
Good Impressions Audio Books makes no representation that materials in
the Site are appropriate or available for use in
other locations, and access to them from territories
where their content is illegal is prohibited. Those
who choose to access this Site from locations outside
Washington do so on their own initiative and are responsible
for compliance with applicable local laws. You may
not use or export the materials in violation of
U.S. export laws and regulations. Any claim relating
to the materials shall be governed by the internal
substantive laws of the State of Washington.
By
using this Site, you agree that Good Impressions Audio Books, at
its sole discretion, may require you to submit any disputes
arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising
from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract
or its adaptation to newly arisen circumstances, to
final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association,
by one or more arbitrators appointed in accordance with
the said Rules. Notwithstanding these rules, however,
such proceeding shall be governed by the laws of the
state as set forth in the previous section.
Any
award in an arbitration initiated under this clause
shall be limited to monetary damages and shall include
no injunction or direction to any party other than
the direction to pay a monetary amount. Further, the
arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the
prevailing party's actual damages in any arbitration
initiated under this section, except as may be required
by statute.
GENERAL.
Good Impressions Audio Books may revise these Terms at any time by updating
this posting. You should visit this page from time
to time to review the then-current Terms because they
are binding on you. Certain provisions of these Terms
may be superseded by expressly designated legal notices
or terms located on particular pages at this Site.
Please
note that Good Impressions Audio Books does business only in
the State of Washington. Aside from the offices in the
Greater Vancouver Metro area, Good Impressions Audio Books does not own or operate
any of the other facilities or offices that may be
mentioned herein.
