The following are terms of a legal agreement (“Agreement”) between you and LiteraryAcademia.com As used herein, the terms “us”, “we,” and “our”, means LiteraryAcademia.com, its affiliates and any consultant, independent contractor, or assignee that we may, at our sole discretion, involve in the provision of our Services. “You” and “your” means an individual or entity that is the owner of an account. By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that LiteraryAcademia.com may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
The content available through the LiteraryAcademia.com website is our property or the property of our licensors and shareholders and is protected by copyright and other intellectual property laws.
You agree not to:
(i) use the Services except as expressly authorized in this Agreement;
(ii) copy, modify, or create derivative works based on the Services;
(iii) create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the LiteraryAcademia.com website to newsgroups, mail lists or electronic bulletin boards, without our written consent.
(iv) sell, resell, sublicense, time-share, publish, or otherwise share or provide access to the Services or Content received through the LiteraryAcademia.com website with any third party with the following exception:
You may use our “Send to a Friend” service to email selected services to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the Literary Academia.com website, nor may you reproduce, duplicate, copy, sell, resell or exploit any material for any commercial purpose;
(v) use any device, software, or routine that (a) interferes with any application, function, or use of the Services, or (b) is intended to damage, detrimentally interfere with, covertly intercept, or expropriate any system, data, or communication;
(vi) frame or mirror the Site or Services in an unauthorized manner;
(vii) decompile, disassemble or reverse-engineer the underlying software that is part of the Services or otherwise attempt to derive its source code;
(viii) Use the Services either directly or indirectly to support any illegal activity or unlawful purpose. We reserve the right to terminate or restrict your access to this Site if, in our opinion, your use of the Literary Academia.com website may violate any laws, infringe upon another person’s rights, or violate the terms of this Agreement.
(ix) use the Services in consumer credit reporting;
(x) access the Services in order to build a competitive service or product;
(xi) access this Site for purposes of monitoring the availability, performance, or security of the Services without LiteraryAcademia.com consent;
(xii) use the Services or Content to market products or services of any kind to individual consumers;
(xiii) authorize any third parties to do any of the above.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of LiteraryAcademia.com Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other LiteraryAcademia.com intellectual property displayed on this Site. Literary Academia.com aggressively enforces its intellectual property rights to the fullest extent of the law. The name Literary Academia.com and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission fromLiterary Academia.com We also prohibit use of Literary Academia.com and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by LiteraryAcademia.com in writing.
LiteraryAcademia.com and/or its licensors and shareholders own all worldwide right, title and interest in and to the Services and the Content, in any form, format, forum, medium, means, or method now known or hereafter developed, including all related intellectual property rights throughout the world, and any suggestions, ideas, enhancement requests, feedback, or recommendations that may be provided by you or any of your users relating to the Services and the Content. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices appearing on the Content or the Services. You agree to abide by all access and use restrictions contained in any Content made available through the Services. As between LiteraryAcademia.com and you, you exclusively own all rights, title and interest in and to all Customer Data.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by LiteraryAcademia.com’s Site, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Software. If you download LiteraryAcademia.com’s Content or Products, you will be subject to the LiteraryAcademia.com End User License Agreement.
We may link to, or promote web sites or services from other companies on the Site or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. You agree that LiteraryAcademia.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LiteraryAcademia.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
We may suspend, discontinue, or modify any aspect of the Site or Services, or its availability to you, for the purpose of making periodic upgrades or enhancements to the Site or Services at any time within our sole discretion without notice or liability to you or any third party. We may also impose limits on certain features and services or restrict your access to all or parts of the Services without notice or liability.
We may also modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by either posting a change notice or a new agreement on the website or by giving you notice by e-mail. Changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
You are responsible for obtaining, maintaining, and supporting all internet access, computer hardware, and other equipment and services needed for your access to the Services. The Services may not be exported or re-exported directly or indirectly in violation of any applicable export laws; or used for any purposes prohibited by law.
10.1. LiteraryAcademia.com expressly disclaims all warranties related to any use of the site or the content and further that the website will meet any requirements or needs you may have, or that they will operate error free. There may be delays, omissions or inaccuracies information obtained through your use of this Site. The information on this Site is provided to you with the understanding that LiteraryAcademia.com’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors.
10.2. LiteraryAcademia.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by us, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinions, advice, statement, or information shall be at your sole option, liability, and risk. We do not advocate the purchase or sale of any security or investment, nor do we endorse or sponsor the products, goods or services of any company found on our website. You should always seek the assistance of a professional for tax, financial, and investment advice.
10.3. LiteraryAcademia.com does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that LiteraryAcademia.com promotes or endorses a third party’s causes, ideas, political campaigns, political views, web sites, products or services.
10.4. LiteraryAcademia.com makes no express, implied or statutory warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights to the maximum extent permitted by applicable law. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. No LiteraryAcademia.com representative or employee is authorized to make any modifications, extensions, or additions to this warranty.
10.5. LiteraryAcademia.com is not responsible for damages suffered by users for their actions taken in reliance on our supplied content, including losses for purchases or sales of any securities or investments. You assume sole responsibility and liability for your use of the Services, including, without limitation, any Content that is accessed therein.
11.1. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall LiteraryAcademia.com, and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, representatives, attorneys and their respective heirs, successors and assigns, licensees or licensors, or its suppliers or resellers (collectively, the “Indemnified Parties”) be liable to you or any other person, including without limitation, for any indirect, special, incidental, exemplary, punitive, consequential damages or other loss of any character, that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this site or obtained from your use of this site, whether or not you have been advised of the possibility of such damages. LiteraryAcademia.com does not guarantee the success of any business started through the use of our services
11.2. In no event shall LiteraryAcademia.com’s aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you hereunder in the twelve months preceding the incident giving rise to the liability. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
You hereby indemnify, defend, and hold harmless LiteraryAcademia.comand all of its Indemnified Parties from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. LiteraryAcademia.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LiteraryAcademia.com prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights inform us with all factual and copyrights proof.
14.1. Subject to your compliance with the terms and conditions of this Agreement, LiteraryAcademia.com will provide access to the Services, as described more fully on the Site, solely for your own internal personal business purposes (and not for the use or benefit of any third party) and subject to any restrictions in your Purchase Order, including access and use by the number of Seats identified in your Purchase Order.
14.2. LiteraryAcademia.com shall have the right to access and use your Customer Data for the limited purposes of delivering the Services, responding to service or technical problems, or, on your request, providing training and professional services to you.
14.3. Subject to the terms and conditions of this Agreement, including LiteraryAcademia.com’s confidentiality obligations, you hereby grant LiteraryAcademia.com a non-exclusive, royalty-free, worldwide license to use the Customer Data and perform all acts with respect to the Customer Data as may be necessary for us to provide the Services to you.
14.4. LiteraryAcademia.com hereby agrees to access and use the Customer Data solely for your benefit and as set forth in this Section and this Agreement. As between LiteraryAcademia.com and you, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data.
15.1 You shall pay to LiteraryAcademia.com the applicable fees for the Services outlined in your Purchase Order. Fees are due and payable as of the Effective Date or in accordance with the Purchase Order. If you provide credit card information to LiteraryAcademia.com you authorize LiteraryAcademia.comto promptly bill such credit card for all the Services set forth in the Purchase Order and for any applicable Membership of Subscription fees. If you did not pay by credit card, LiteraryAcademia.com shall bill you through an invoice. All payments must be received in full Service begins.
15.2. Payments must be made in US or Canadian dollars, or other currency listed in the Order. Fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and you are responsible for all such taxes relating to the use of the Services.
15.3. Any billing disputes must be reported to LiteraryAcademia.com in writing within 10 days of the date of the invoice. All payments made through our Store are secured through PayPal and all fees paid for online purchases are non-refundable.
As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in all Purchase Orders hereunder), Data, the Services, Content, business and marketing plans, technology and technical information, product designs, and business processes. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission, except that we may share customer identifying information with third parties with whom you have an existing business relationship including communications to users, processing of payments, and other actions required for the Site operations.
The obligation of nondisclosure set forth herein shall not apply to any Confidential Information (except Customer Data) that, without breach of any obligation owed to the Disclosing Party:
(i) is or becomes generally known to the public;
(ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party;
(iii) was independently developed by the Receiving Party;
(iv) is received from a third party; the obligations of confidentiality shall not apply to any information that you, or your users post on third party websites.
17.2. LiteraryAcademia.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
18.1. Either party may terminate this Agreement for cause upon 30 days written notice if the other party breaches any material provision of this Agreement and does not cure such breach prior by the end of such thirty (30) day period.
18.2. LiteraryAcademia.com may immediately suspend access to the Services if we reasonably determine that your actions are materially interfering with, causing substantive harm to, or disrupting the Services or are causing material legal liability to LiteraryAcademia.com its Indemnified Parties, or other clients. In the event that LiteraryAcademia.com suspends your access to the Services, we will use commercially reasonable efforts to provide prior notice to you and resolve the issues causing the suspension of Services. You agree that LiteraryAcademia.com shall not be liable to you or to any other third party for any suspension of the Services.
18.3. Upon any expiration or termination of the Membership Term, Subscription Term or the Agreement, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the Services. Upon termination by LiteraryAcademia.com for your material uncured breach, you will pay the full value of the fees owed for the remainder of the Membership, Subscription, or Service Term for all effected Orders if any apply. Termination shall not relieve you of the obligation to pay any fees accrued or payable to LiteraryAcademia.com under the Agreement or applicable Order after the date of termination, except where you have terminated due to LiteraryAcademia.com’s uncured material breach. All provisions of this Agreement will survive termination. We are under no obligation to retain Customer Data on termination.
This Agreement is not assignable in whole or in part by either party except with the other party’s prior written consent, except that either party may assign without consent: (i) to an affiliate or (ii) to a successor in the event of a merger, corporate reorganization, or acquisition involving all or substantially all of a party’s assets. Any purported assignment in violation of this Agreement shall be null and void. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Each party must abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with the Services, including those related to export regulations, data privacy, international communications and the transmission of technical or personal data. All notices required hereunder will be in writing and are deemed given when received/delivered.
This Agreement has been made in and shall be construed and enforced in accordance with business laws. Any action to enforce these Terms of Service shall be brought in the federal or provincial courts, which shall have exclusive jurisdiction to adjudicate disputes arising out of this Agreement. In the event that any legal action, including arbitration, is required to enforce or interpret any of the provisions of this Agreement, the prevailing party in such action shall recover all reasonable costs and expenses, including attorney’s fees, incurred in connection therewith. All trademarks are the property of their owners; no endorsements are indicated. If any part of these terms is unlawful, void, or unenforceable, that part will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of the remaining provisions.
IF ANY OF THESE TERMS AND CONDITIONS OR MODIFICATIONS IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOU MAY CANCEL YOUR Purchasing abilities on the site. (SEE SECTION 18 REGARDING TERMINATION OF SERVICE).
YOU AGREE THAT BY CLICKING THE “I AGREE” BUTTON OR BY YOUR OTHER USE OF THE ON-LINE COMMUNITY AND WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 3) IF YOU CLICK “I AGREE” WITHOUT ACTUALLY READING OR PRINTING THIS AGREEMENT, YOU WILL NEVERTHELESS BE LEGALLY BOUND; AND 4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND NOT UNDER ANY DISABILITY IN MAKING A CONTRACT.
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