terms and conditions
Brand New Happy Moon Publishing. Effective immediately [07.01.2016]. For further information, please contact us at 708-7WE-READ.
Restrictions on Use
This Web site is owned and operated by Brand New Happy Moon Publishing. For the purposes of this document, “US” or “WE” or “OUR” hereby refers collectively to Brand New Happy Moon Publishing. “USER” hereby refers to you, the Site user. By accessing, browsing, or using this site, any subsite accessible through the Site home page and/or using any of the website services, including but not limited to OUR privacy policy, terms, and conditions for the sales of any goods and services, hypertext and other links to third party websites, Content, and Marks (“Sites”), you agree to terms and conditions set forth in this Terms of Use agreement as changed from time to time.
USER may not upload, post, e-mail, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable. WE will fully cooperate with any law enforcement authorities or court order requesting or directing US to disclose the identity of anyone posting such materials.
Ownership and Intellectual Property Rights
This site contains material that is owned or licensed by Brand New Happy Moon Publishing. You may not display, remove, add to, publish, transmit, license, decompile, reverse, download, copy, reproduce, upload, post, distribute, republish, re-transmit, or modify in any way any of the material on this site, including computer code and software.
License to Brand New Happy Moon Publishing
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with US through OUR Web site (a “Communication”), you are granting Brand New Happy Moon Publishing 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, service mark or patent laws in any relevant jurisdiction.
Links to Other Web Sites
Links to third-party websites and the Content reflected on OUR site from third parties are provided as a convenience to the USER and does not imply OUR endorsement, affiliation, sponsorship, approval of products, companies, content of publications, accuracy or completeness thereof or merchantability or fitness for a particular purpose of these third-party websites (“Endorsement”). WE provide these links for the USER in good faith and without warranty of any kind. These terms and conditions apply solely to the Brand New Happy Moon Publishing site and you should always review the terms and conditions of any site that you access through a link from this site. WE assume no liability for any damages USER may suffer from visiting such linked websites, including, without limitation, viruses or other destructive/ disruptive code, which may be downloaded from such linked websites, and the completeness and accuracy of any information included on sites to which the Site is linked.
Limitation of Liability
USER ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SITE IS AT USER’S OWN RISK. ALL PRODUCTS, MATERIALS, AND CONTENT PROVIDED ON THE SITE ARE PROVIDED ON AS “AS IS” BASIS WITHOUT WARRANT OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED OR STATUORY, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DAMAGES FO ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE INCLUDING BY NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM THE USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE. WE DO NOT WARRANT THAT THE SERVICES AND CONTENT ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR FREE, THAT RELIANCE ON CONTENT OBTAINED FROM SITE OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT SUCH ERRORS OR DEFECTS WILL BE FIXED. BRAND NEW HAPPY MOON PUBLISHING RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.
Indemnity
USER agrees to defend, indemnify and hold Brand New Happy Moon Publishing 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. WE 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 Brand New Happy Moon Publishing at any time without notice. In the event of termination, USER is no longer authorized to have access to the site, and all limitations on OUR liability and on USER’s use of Brand New Happy Moon Publishing’s material shall survive.
These Terms and Conditions, along with any additional rules or conditions referred to herein and the Brand New Happy Moon Publishing Privacy Policy, constitute the entire agreement and understanding between USER and Brand New Happy Moon Publishing as to your use of OUR Web site, 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 the Brand New Happy Moon Publishing Web site 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 California without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of California. 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.
General Contact
If you have any questions about the TERMS of USE, the Site, its Content, or USER’s use of the Site, please feel free to contact US at bnhm.publishing@gmail.com. Please include “Terms of Use” in the subject line of your e-mail.