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Please carefully read these terms and conditions before using
these Tsehai Publishers World Wide Web pages (“Tsehai
Publishers site”). By using Tsehai Publishers site you
indicate your agreement to these terms and conditions. If you do not
accept these terms and conditions, please do not use Tsehai
Publishers site.
INTRODUCTION
Welcome
to the Internet Site of Tsehai Publishers and Distributors (“TPD”
or “we,” “us,” or “our”). PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
TSEHAI PUBLISHERS SITE. By using Tsehai Publishers site, you signify
your agreement to these terms of use. If you do not agree to these
terms of use, please do not use Tsehai Publishers site. We reserve
the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of this Tsehai
Publishers site following the posting of changes to these terms will
mean you accept those changes.
RESTRICTIONS
ON USE OF MATERIALS
All materials contained in Tsehai
Publishers site are the copyrighted property of Tsehai Publishers, or
its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are
proprietary to Tsehai Publishers or its affiliates. No material from
Tsehai Publishers site or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial
home use only, provided that (i) you keep intact all copyright and
other proprietary notices, (ii) you make no modifications to the
materials, (iii) you do not use the materials in a manner that
suggests an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from Tsehai
Publishers site . For purposes of these terms, the use of any such
material on any other Web site or computer environment is prohibited.
All trademarks, service marks, trade names, and trade dress are
proprietary to us.
Responsibility
for Content
Tsehai Publishers does not screen, edit
or review material submitted by users. Tsehai Publishers can
therefore accept no responsibility or liability for any material,
which may reside in or is accessed by Tsehai Publishers site other
than Tsehai Publishers Information. Tsehai Publishers has no
responsibility with respect to Other Sites. You may not link, upload,
post or transmit any illegal, obscene, offensive or otherwise
inappropriate material to Tsehai Publishers site. You agree to
indemnify Tsehai Publishers from any damage, loss, cost or expense
which may be incurred by Tsehai Publishers as a result of the
material you link, upload, post, or transmit to Tsehai Publishers
site. Tsehai Publishers has no duty to review or edit materials
submitted by users. Tsehai Publishers may remove any such materials
at any time for any reason.
Exclusions
Of Warranties
No
warranties of any kind are made with respect to Tsehai Publishers
site, Tsehai Publishers Information, or Other Sites.
TSEHAI
PUBLISHERS DOES NOT WARRANT THAT TSEHAI PUBLISHERS SITE WILL MEET
YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR
ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE
SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING
OUT OF OR RELATED TO YOUR USE OF TSEHAI PUBLISHERS SITE, INCLUDING
WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER
SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
SUBMISSIONS
We
are pleased to hear from our visitors and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or consider
creative ideas, suggestions, or materials other than those that we
have specifically requested. We hope you will understand that it is
the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work. Please
do not send us any unsolicited original creative materials such as
stories or ideas, screenplays, or original artwork. While we do value
your feedback on our services and products, we request that you be
specific in your comments on those services and products, and not
submit any creative ideas, suggestions, or materials (unless
specifically requested by us).
If,
at our request, you send certain specific submissions (e.g., postings
to chat, boards, or contests) or, despite our request, you send us
creative suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the “Submissions”), the
Submissions shall be deemed, and shall remain, our property. None of
the Submissions shall be subject to any obligation of confidence on
our part and we shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions.
E-MAIL
We
reserve the right to remove or edit content from any e-mail at any
time and for any reason.
By
sending us an e-mail or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials
expressly granted) us a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, publicly perform and display, create derivative
works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all
so-called “moral rights” in those materials have been
waived.
In
e-mail correspondence, never assume that people are who they say they
are, know what they say they know, or are affiliated with whom they
say they are affiliated with in any chat room, message board, or
other user-generated content area. Information obtained in this
manner may not be reliable. We cannot be responsible for the content
or accuracy of any information exchanged in e-mail correspondence.
CONTENT
LINKED TO ANY TSEHAI PUBLISHERS SITE
Please
exercise discretion while browsing the Internet using Tsehai
Publishers site. You should be aware that when you are on Tsehai
Publishers site, you could be directed to other sites that are beyond
our control. There may be links to other sites from Tsehai Publishers
pages that take you outside of our service. For example, if you click
on one of Our Authors, the click may take you off Tsehai Publishers
site. This may includes links to advertisers, sponsors, and content
partners that may use the author as part of a co-branding agreement.
These other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may
find inappropriate or offensive.
We
reserve the right to disable links from third-party sites to any
Tsehai Publishers site.
We
make no representations concerning the content of sites listed in any
of our directories. Consequently, we cannot be held responsible for
the accuracy, relevancy, copyright compliance, legality, or decency
of material contained in sites listed in our search results or
otherwise linked to Tsehai Publishers site.
Please keep in mind that whenever you
give out personal information online --- for example, via message
boards or chat --- that information can be collected and used by
people you don`t know. While Tsehai Publishers strives to protect
your personal information and privacy, we cannot guarantee the
security of any information you disclose online; you make such
disclosures at your own risk.
Pricing
and Availability
All prices quoted may be subject to
change without prior notice and all orders are placed subject to
approval by Tsehai Publishers. Pricing, currency of billing and
availability of products may vary depending on the delivery or
billing location.
DISCLAIMER
THE
MATERIALS IN THIS TSEHAI PUBLISHERS SITE ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY TSEHAI PUBLISHERS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TSEHAI
PUBLISHERS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS ON ANY TSEHAI PUBLISHERS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We
explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from
Tsehai Publishers site. We cannot ensure that you will be satisfied
with any products or services that you purchase from a third-party
site that links to or from any Tsehai Publishers site or third-party
content on our sites. We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit
card and other personal information) you might be requested to give
any third-party, and you hereby irrevocably waive any claim against
us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction
with any of these third parties.
INDEMNIFICATION
You are entirely responsible for
maintaining the confidentiality of your e-mail address and for all
activities that occur under your e-mail address. You hereby
indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates,
licensors, and licensees (collectively, the “Indemnified
Parties”) harmless from and against any and all liabilities and
costs (including reasonable attorneys` fees`) incurred by the
Indemnified Parties in connection with any claim arising out of any
breach by you of this Agreement or claims arising from your conduct.
You shall use your best efforts to cooperate with us in the defense
of any claim. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, ANY TSEHAI PUBLISHERS SITE
OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
[INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TSEHAI PUBLISHERS SITE.
JURISDICTIONAL
ISSUES
Unless otherwise specified, the
materials in Tsehai Publishers site are presented solely for the
purpose of promoting books and other products available in the United
States and its territories, possessions, and protectorates. Tsehai
Publishers is controlled and operated by Tsehai Publishers and
Distributors and its U.S. office in Los Angeles. We make no
representation that materials on any Tsehai Publishers site are
appropriate or available for use in any particular location. Those
who choose to access a Tsehai Publishers site do so on their own
initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
TERMINATION
These terms are effective until
terminated by either party. You may terminate these terms at any time
by discontinuing use of Tsehai Publishers site and destroying all
materials obtained from the site and all related documentation and
all copies and installations thereof, whether made under these terms
or otherwise. Your access to Tsehai Publishers site may be terminated
immediately without notice from us if in our sole discretion you fail
to comply with any term or provision of these terms. Upon
termination, you must cease use of Tsehai Publishers site and destroy
all materials obtained from such site and all copies thereof, whether
made under these terms or otherwise.
GENERAL
PROVISIONS
These
terms shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in the
state or federal courts located in Los Angeles County, California,
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between us
relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
Tsehai Publishers © Copyright 2004. All rights reserved.
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