Terms & Conditions
Please carefully read these terms and conditions before using these Sleeping Bear Press World Wide Web pages (“Sleeping Bear Press Site”). By using Sleeping Bear Press Site you indicate your agreement to these terms and conditions. Please do not use the Sleeping Bear Press Site if you do not agree with these terms and conditions.
1. Copyright and Proprietary Rights
Sleeping Bear Press Site is the property of Sleeping Bear Press (“Sleeping Bear Press”) and its licensors and is protected by United States and International Copyright laws. All copyright, trademark and other proprietary rights in the Sleeping Bear Press Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Sleeping Bear Press at its site (the “Sleeping Bear Press Information”) are reserved to Sleeping Bear Press and its licensors.
You may not reproduce, upload, post, transmit, download or distribute any part of the Sleeping Bear Press Information or information on sites accessible through links on the Sleeping Bear Press Site (“Other Sites”) other than printing out or downloading portions of the text and images for your own personal, non-commercial use 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 the Sleeping Bear Press Site and/or Other Sites. You may not modify the Sleeping Bear Press Site, Other Sites, or any material residing on such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the Sleeping Bear Press Site or Other Sites in any manner that infringes the rights of any person or entity.
Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by Sleeping Bear Press should be inferred.
2. Responsibility for Content
Sleeping Bear Press accepts no responsibility or liability for any material which may reside in or is accessed by the Sleeping Bear Press Site other than Sleeping Bear Press Information. Sleeping Bear Press has no responsibility with respect to Other Sites.
You may not upload, post or transmit any illegal, obscene, offensive, gambling or otherwise inappropriate material to the Sleeping Bear Press Site.
3. Exclusions Of Warranties
No warranties of any kind are made with respect to the Sleeping Bear Press Site, Sleeping Bear Press Information, or Other Sites. SLEEPING BEAR PRESS DOES NOT WARRANT THAT SLEEPING BEAR PRESS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT SLEEPING BEAR PRESS SITE OR THE SERVERS MAKING MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, 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 SLEEPING BEAR PRESS SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
4. Links to Other Sites
Links to Other Sites may appear from time to time on the Sleeping Bear Press Site. These links have been established to offer additional resources on subjects you find of interest on the Sleeping Bear Press Site. In some instances, such links are a result of cooperative projects with organizations that own, operate or maintain the Other Sites.
Sleeping Bear Press has no control over content that appears on Other Sites. Such content is subject to change and/or elimination. Sleeping Bear Press assumes no responsibility for content, including factual errors and continuing availability, appearing on Other Sites.
5. Links to the Sleeping Bear Press Site
Teachers, schools and educators may establish a link or links to the Sleeping Bear Press Site, subject to compliance with the following requirements:
- You may not frame or alter the appearance of the Sleeping Bear Press Site.
- You may neither state nor imply that Sleeping Bear Press endorses, sponsors or otherwise approves your site or any Other Sites.
- You must abide by all of the other terms and conditions of use set forth in this document. For example, you may not reproduce or host Sleeping Bear Press Information on your Website.
- You agree not to portray Sleeping Bear Press or Sleeping Bear Press Information in any negative or derogatory manner.
- Your site may not contain any (i) vulgar, obscene, pornographic or indecent language or images, (ii) material that is untrue, defames, abuses, harasses or threatens others, (iii) statements that are bigoted, hateful, mean spirited, ethnically offensive or racially demeaning, (iv) material violating any person’s right of privacy, (v) material involving or encouraging gambling activities, and (vi) unauthorized copyrighted material.
All other parties desiring to link to the Sleeping Bear Press Site must contact firstname.lastname@example.org to request permission.
6. Destructive Devices
It is your responsibility to take precautions to ensure that your computer and/or network is protected from viruses, worms, Trojan horses, or any other devices with destructive intent. In no event will Sleeping Bear Press be liable for any direct, indirect, incidental, special or consequential damages to you from the use of the Sleeping Bear Press Site or the Other Sites.
7. Parental/Teacher Direction
Children are encouraged to check with their parents or teachers before visiting Websites. Parents and teachers should closely monitor the online activities of children.
8. Modification of Terms and Conditions
Sleeping Bear Press reserves the right to change, modify, add, or remove portions of these terms and conditions at any time. Please review these terms and conditions periodically for changes. Your continued use of the Sleeping Bear Press Site following the posting of changes to these terms and conditions will mean you accept all such changes.
9. Export Controls
You agree that your use of the Sleeping Bear Press Site will comply with all applicable laws, rules and regulations that govern the export of technical data.
10. Choice Of Law, Jurisdiction and Venue
This Sleeping Bear Press Site is operated from our offices in the State of Florida, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Orange County, Florida. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.
11. Compliance with Laws
Sleeping Bear Press endeavors to ensure that the Sleeping Bear Press Site complies with the requirements of United States laws as well as the foreign laws of any country where it is intended for the Sleeping Bear Press Site to be viewed. In the event that a foreign country’s law may not be fully satisfied, then Sleeping Bear Press shall be deemed not to be directing the Sleeping Bear Press Site to that particular country.
You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, employees, agents and representatives (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. 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.
13. 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, SLEEPING BEAR PRESS SITE OR MATERIALS OR FUNCTIONS ON SLEEPING BEAR PRESS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, 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) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SLEEPING BEAR PRESS SITE.
14. Limitation of Claims
The user must bring any action on any claim against Sleeping Bear Press within one (1) year following the date the claim first accrued, or it shall be deemed waived.
15. General Provisions
If any of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties and may not be modified except in writing signed by both parties.
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