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Amicus Books: Community Bookstore and Literary Arts Center (hereinafter referred
to as "our", "us" and "we"), owns and operates
the website www.amicusbooks.com (the "Website").
These are the Website terms and conditions (the "Conditions"), which
apply to the use of the Website by end users. By accessing the Website, you
agree to be bound by the Conditions. The Website is provided for the benefit
of residents of the The United States of America, The State of California, and
more specifically, The Counties of Yuba and Sutter. If you are not a US resident
or do not agree to be bound by the Conditions, you may not use or access the
Website and we will have the right to restrict or prevent your access to the
Website.
1 YOUR OBLIGATIONS
* 1.1 You will not:
o (a) use the Website (or any part of it) for any illegal purpose and agree
to use it in accordance with all relevant laws;
o (b) upload or transmit through the Website (i) any computer viruses, macro
viruses, trojan horses, worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer or (ii) any material
which is defamatory, offensive, or of an obscene or menacing character, or that
may cause annoyance, inconvenience or needless anxiety;
o (c) use the Website in a manner which (i) may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the Website is in any way impaired or (ii) violates or infringes the rights
of any person, firm or company (including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of privacy); and
* 1.2 You agree that in the event that you have any right, claim or action
against any end user of the Website arising out of that end user's use of the
Website, then you will pursue such right, claim or action independently of and
without recourse to us.
2 OUR RIGHTS
* 2.1 We reserve the right to:
o (a) select writing to feature on the Website and to exclude or include any
writing from featuring on the Website. Any writer can refuse the offer to be
included on the Website. A writer's inclusion or exclusion on the Website by us
is in no way an endorsement or rejection of such writer;
o (b) the right to include or exclude any information and will use reasonable
endeavours to correct any mistakes. We do not guarantee that any mistakes on
the Website will be corrected;
o (c) modify or withdraw, temporarily or permanently, the Website (or any part
of it) with or without notice to you and you confirm that we shall not be liable
to you or any third party for any modification to or withdrawal of the Website;
and/or
o (d) change these Conditions from time to time. Your continued use of the Website
(or any part of it) following such change shall be deemed to be your acceptance
of such change. It is your responsibility to check regularly to determine whether
the Conditions have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the Website; and/or
o (e) monitor any activity and content associated with the Website. We may investigate
any reported violation of these Conditions or complaints relating to the Website
and take any action that we deem appropriate (which may include, but is not
limited to, issuing warnings, suspending, terminating or attaching conditions
to your access and/or removing any materials from the Website).
* 2.2 We will use our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website for any reason.
3 CONTENT OF THE WEBSITE
* 3.1 You acknowledge and agree that:
o (a) writings included on the Website may include themes and any
of the words, phrases and/or expressions of the full English language ("Content");
and
o (b) the Content may be expressive of a writer's feelings or emotions and consequently
may contain wording or themes of controversial nature.
* 3.2 We cannot be responsible for any offence; damage to feelings; and/or
emotional distress caused as a result of any Content.
* 3.3 Writing not included in the Children's Archive may not be suitable for
children and we recommend that children are supervised at all times when accessing
and using the Website.
4 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree
that we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising, products
or other materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by, or in
connection with, the use of or reliance on any such content, goods or services
available on such external sites or resources.
5 WRITER IN RESIDENCE
You acknowledge and agree that any views expressed on the Website by the 'writer
in residence' are solely those of the writer in residence and that we do not
endorse such views.
6 LIVE EVENTS
Any event that may be listed or is listed in the "Calendar Events"
section or any other "Events" section of the Website may be included
or excluded by us at anytime and for any reason.
7 LIMITATION OF LIABILITY
* 7.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED
IN RELATION TO ITS ACCURACY.
* 7.2 The Website is provided on an "as is" and "as available"
basis without any representation or endorsement. Unless specified in separate
terms and conditions relating to a particular product or service, we make no
warranties of any kind, whether express or implied, in relation to the Website,
or products or services offered on the Website whether by us or on our behalf
(including free software downloads) including but not limited to, implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or completeness, or any implied
warranty arising from course of dealing or usage or trade.
* 7.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that the Website or the server
which makes it available or products or services offered on the Website whether
by us or on our behalf (including free software downloads) are free of viruses
or bugs or are fully functional, accurate, or reliable. We will not be responsible
or liable to you for any loss of content or material as a result of uploading
to or downloading from the Website.
* 7.4 Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under US law.
* 7.5 You acknowledge that we cannot guarantee and therefore shall not be in
any way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
* 7.6 We will not be liable (i) in contract, tort (including, without limitation,
negligence) or otherwise for:
o (a) any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or
o (b) any loss of goodwill or reputation; or
o (c) any special or indirect or consequential losses, howsoever arising and;
in any case whether or not such losses were within the contemplation of either
of us at the date on which the event giving rise to the loss occurred.
* 7.7 If you organize or attend a poetry reading or any other "Live Event,"
either because of content you have accessed on the Website or otherwise, we are
in no way liable for any losses that you suffer at or arising out of such an event.
* 7.8 Nothing in the Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our servants, agents
or employees, or any liability in the tort of deceit.
8 INDEMNITY
* 8.1 You agree to be fully responsible for (and fully indemnify us against)
all claims, liability, damages, losses, costs and expenses, including legal
fees, suffered by us and arising out of any breach of the Conditions by you
or any other liabilities incurred by us arising out of your use of the Website,
or use by any other person accessing the Website using your PC or internet access
account.
9 INTELLECTUAL PROPERTY AND RIGHT TO USE
* 9.1 All writings on the Website are protected by copyright; all copyrights
are retained by the original author or writer. You agree that a featured writing's
text or audio shall not be copied, modified, manipulated or changed in any way,
except by us for the purpose of making the writing available on the Website.
* 9.2 You acknowledge and agree that all copyright, trade marks and all other
intellectual property rights in all material or content contained within the
Website shall remain at all times owned by us, the writers or our licensors.
You are permitted to use this material only as expressly authorised by us.
* 9.3 You acknowledge and agree that the writings and other content contained
within the Website is made available for your personal non-commercial use only
and that you may download such material and content onto only one computer hard
drive for such purpose. Any other use of the material and content of the Website
is strictly prohibited. You agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
10 GENERAL
* 10.1 If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from
these Conditions and shall not affect the validity and enforceability of any
of the remaining provisions of the Conditions.
* 10.2 Nothing shall be construed as a waiver of any preceding or succeeding
breach of any provision.
* 10.3 These Conditions (as amended from time to time) contain the entire agreement
and understanding between us in respect of any use of the Website and supersede
any prior written or oral agreement between us relating to such use. No oral
explanation or oral information given by either of us shall alter the interpretation
of these Conditions. You confirm that, in agreeing to accept these Conditions,
you have not relied on any representation that is not expressly included herein
and you agree that you shall have no remedy in respect of any misrepresentation
which has not become a term of these Conditions. However, nothing in these Conditions
purport to exclude liability for any fraudulent statement or act.
* 10.4 The Conditions will be exclusively governed by and construed in accordance
with the laws of the United States and California whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole discretion,
to commence and pursue proceedings in alternative jurisdictions.
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