Terms and conditions of Use.
Welcome to the Promotionalbookservices website (the "PromotionalBookServices Site"), a website owned by Nationwide Book Industries, llc.
I. LICENSES AND RESTRICTIONS
PromotionalBookServices.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with promotionalbookservices.com) of the contents of the PromotionalBookServices Site, which includes the Digital Content, as defined in Section XII, ("Content"). PromotionalBookServices.comfurther grants the User a limited, nonexclusive and revocable right to create a hyperlink to the PromotionalBookServices Site so long as the link does not portray promotionalbookservices.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to: modify, download (other than page caching), reproduce, copy, or resell the PromotionalBookServices Site, the Content (other than Digital Content, as set out in Section XII below) or any portion or derivative thereof; commercially use the PromotionalBookServices Site, the Content or any portion derivative thereof; copy or download any User's account or profile information for the benefit of any third party; enable high volume, automated, electronic processes that apply to the PromotionalBookServices Site or its systems, the Content or any portion or derivative thereof; use any robot, spider, data miner, crawler, scraper or other automated means to access or index the PromotionalBookServices Site or its systems, the Content or any portion or derivative thereof for any purpose; interfere or attempt to interfere with the proper working of the PromotionalBookServices Site; bypass any PromotionalBookServices.com measures used to prevent or restrict access to any portion of the PromotionalBookServices Site, the Content or any portion or derivative thereof; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of promotionalbookservices.com; use PromotionalBookServices.comname, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the PromotionalBookServices Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Promotionalbookservices.com's express written consent (which may include a written agreement signed by an authorized representative of Promotionalbookservies.com). Any unauthorized use of the PromotionalBookServices Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Promotionalbookservices.com.
Promotionalbookservices.com, Nationwide Book Industries, LLC. or their respective parents, subsidiaries, or affiliates, or third parties from whom PromotionalBookServices.com has permission, own the trademarks or service marks that are used on the PromotionalBookServices Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of PromotionalBookServices.comand its licensors may not be used without prior written consent of PromotionalBookServices.comor its licensor, as the case may be. Without limiting the foregoing, no PromotionalBookServices.com trademark or trade dress may be used in connection with any product or service that is not promotionalbookservices.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits promotionalbookservies.com
User acknowledges that the PromotionalBookServices Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and PromotionalBookServices.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the PromotionalBookServices Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
PromotionalBookServices.comis a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. PromotionalBookServices.com has no editorial control over such Content. PromotionalBookServices.com is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of PromotionalBookServices.com or any PromotionalBookServices.com Provider, unless expressly stated otherwise. Neither PromotionalBookServices.com nor any PromotionalBookServices.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, available through the PromotionalBookServices Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either PromotionalBookServices.com or any PromotionalBookServices.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the PromotionalBookServices Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, available through the PromotionalBookServices Site.
The price for an item on the PromotionalBookServices Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the PromotionalBookServices Site. If the price for the item on the PromotionalBookServices Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Promotionalbookservies.com, PromotionalBookServices.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the PromotionalBookServices Site pass to the User upon shipping of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the PromotionalBookServices.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. PromotionalBookServices.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM PROMOTIONALBOOKSERVICES.COMT HAT IS NOT AS DESCRIBED ON THE PROMOTIONALBOOKSERVICES SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Promotionalbookservices websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Promotionalbookservices websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Promotionalbookservices sole discretion, PromotionalBookServices.commay provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the PromotionalBookServices Site has been terminated including the right to use, access or create any account thereon; (ii) that PromotionalBookServices.comrefuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the PromotionalBookServices Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her PromotionalBookServices.com account using an old e-mail address, such User will not receive messages from PromotionalBookServices.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's PromotionalBookServices.com account or within the PromotionalBookServices.com interactive community.
User consents to receive electronic communications from Promotionalbookservies.com, whether addressed to the e-mail address associated with such User's PromotionalBookServices.com account or posted on the PromotionalBookServices Site. User acknowledges and agrees that any communication via e-mail or by postings on this PromotionalBookServices Site satisfies any legal requirement that such communications be made in writing.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
PromotionalBookServices.comis not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the PromotionalBookServices Site or through the PromotionalBookServices.com Services, whether caused by Users of the PromotionalBookServices Site or the PromotionalBookServices.com Services or by any of the equipment or programming associated with or utilized in the PromotionalBookServices Site or the PromotionalBookServices.com Services, does not necessarily reflect the opinions or policies of promotionalbookservices.com or Nationwide Book Industries, LLC. Profiles and third party applications created and posted by Users on the PromotionalBookServices Site may contain links to other websites. PromotionalBookServices.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by promotionalbookservices.com. Inclusion of any linked website on the PromotionalBookServices.com Services does not imply approval or endorsement of the linked website by Promotionalbookservices.com. When you access these third party sites, you do so at your own risk. PromotionalBookServices.com takes no responsibility for third party advertisements or third party applications that are posted on or through the PromotionalBookServices Site or the PromotionalBookServices.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. PromotionalBookServices.com is not responsible for the conduct, whether online or offline, of any User of the PromotionalBookServices Site or the PromotionalBookServices.com Services. PromotionalBookServices.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. PromotionalBookServices.com is not responsible for any problems or technical malfunction, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the PromotionalBookServices.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PromotionalBookServices Site or Services. Under no circumstances shall PromotionalBookServices.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PromotionalBookServices Site or Services, from any Content, User Created Content, posted on or through the PromotionalBookServices.com Services,, or from the conduct of any Users of the PromotionalBookServices Site or PromotionalBookServices.comServices, whether online or offline.
The PromotionalBookServices Site are provided by PromotionalBookServices.comon an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each PromotionalBookServices.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither PromotionalBookServices.com nor any PromotionalBookServices.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the PromotionalBookServices Site, or the information, Content, materials or products included thereon; (ii) that the PromotionalBookServices Site ; (iii) as to the accuracy, reliability, or currency of any information, Content, or merchandise provided through the PromotionalBookServices Site; or (iv) that the PromotionalBookServices Site, its servers, or e-mails sent from or on behalf of PromotionalBookServices.com are free of viruses, scripts, trojan horses, worms or other harmful components.
PromotionalBookServices.com does not guarantee the continuous, uninterrupted or secure access to the PromotionalBookServices Site, or any related services.
Under no circumstances shall PromotionalBookServices.com or any PromotionalBookServices.com Provider be liable for any damages that result from the use of or inability to use the PromotionalBookServices Site, including but not limited to reliance by a User on any information obtained from the PromotionalBookServices Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access Promotionalbookservices.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through the PromotionalBookServices Site.
Neither PromotionalBookServices.com nor any PromotionalBookServices.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the PromotionalBookServices Site, or product therefrom, even if PromotionalBookServices.com or any PromotionalBookServices.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XV. APPLICABLE LAW; JURISDICTION
Each of PromotionalBookServices.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Norfolk County, MA and waives any objection to the laying of venue of any litigation in said courts.
XVI. DISPUTE RESOLUTION
Alternatively, at promotionalbookservices.com sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Norfolk County, MA.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. PromotionalBookServices.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVII. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by promotionalbookservices.com, infringe your copyright, you (or your agent) may send PromotionalBookServices.coma notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PromotionalBookServices.com to locate the material on the PromotionalBookServices Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PromotionalBookServices.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Howard Finkelman, Director of Business Affairs, promotionalbookservices.com LLC, 620 South Street Unit C, Holbrook, MA 02343. Promotionalbookservices.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.