TERMS AND CONDITIONS
REVISED and EFFECTIVE: November 11, 2016
Please read the following terms and conditions (“Terms and Conditions”) carefully before using any Tate Publishing & Enterprises, LLC web site (“Sites”). By accessing or using Sites, you agree to the following Terms and Conditions which shall constitute a legally binding agreement between you and Tate Publishing & Enterprises, LLC (“TATE”). You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use the Sites.
1. We Provide Our Sites For Your Convenience Only
Our Sites are provided to you without charge as a convenience and for your information only. By merely providing access to our Sites, we do not warrant or represent that:
· The content is accurate or complete;
· The content is up-to-date or current;
· We have a duty to update any content;
· The content is free from technical inaccuracies or typographical errors;
· The content is free from changes caused by third party; and
· Your access to our Sites will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Sites at your own risk.
2. We Provide Our Sites “As Is” and Disclaim All Warranties
Our Sites, including all content, software and functions made available on or accessed through our Sites, is provided “as is, where is” and “as available”. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Sites, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Sites or any linked site. WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF OUR SITES. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL TATE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OUR SITES, EVEN IF TATE OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party content on our sites by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content in any linked web site is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party site linked to from our web Sites, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We reserve the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party web site does not mean that we endorse, adopt, authorize or sponsor that web site. It also does not mean that we are affiliated with the third party web site’s owners or sponsors.
5. If a Third Party Links to Our Sites, It is Not an Endorsement
If a third party links to our Sites, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Sites.
A web site that links to our Sites:
· May link to, but not replicate, our content;
· May not create a browser, border environment or frame our content;
· May not imply that we are endorsing it or its products;
· Should not misrepresent its relationship with us;
· Should not present false information about our products or services; and
· Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.6. If You Transmit or Provide Data to Us, It is Non-Confidential unless otherwise stated.
Except as otherwise stated, if you transmit to or post on our Sites any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and TATE shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
The sender of ANY information to TATE is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights. Additionally, the sender is responsible for ensuring that all submissions comply with any applicable laws, regulations, contracts, or agreements regarding security or confidentiality of information.
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks and logos used and displayed on our Sites are our registered and unregistered trademarks. Nothing on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. Our names or our logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Sites, without prior written permission. You may not use any metatags or any other “hidden text” utilizing our names or trademarks without the prior express written consent of TATE. You are not authorized to use our logo as a hyperlink to our Sites unless you obtain our written permission in advance.
8. All Content on Our Sites is Copyrighted
All content included on our Sites, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of TATE or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation and “look and feel” of all Content on our Sites is the exclusive property of TATE and also protected by United States and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of TATE (including images, text, page layout or form) without our prior express written permission.
9. You Must Obey Local Laws in Accessing Our Sites
This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations.
10. You are Bound by Changes in these Terms and Conditions
We may at any time revise these Terms and Conditions by updating this page. By using our Sites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our Sites.
11. You Agree to Indemnify Us for Using Our Sites
You hereby jointly and severally agree to indemnify, defend and hold us and our subsidiaries and affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Sites or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required 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 and you will not in any event settle any such matter without our written consent.
12. Third Parties May Have Rights Under This Agreement
Some of the provisions of these Terms and Conditions are for the benefit of TATE and its subsidiaries, affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. How This Agreement May Be Terminated
These Terms and Conditions may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Sites after you have terminated this agreement, and any other agreements between you and TATE are also also duly terminated per the procedures prescribed in such agreements. Provisions 2, 6, 7, 8, 9, 11, 12, 14, 16, and 17 of these Terms and Conditions shall survive any termination.
14. Governing Law and Arbitration
Any legal issues arising from or related to your visit to the Sites or services provided through our Sites shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Oklahoma applicable to contracts entered into and wholly to be performed within that state. Any controversy or claim arising out of or relating to these Terms and Conditions and any use of our Sites shall be settled by binding, confidential arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Oklahoma City, Oklahoma, and judgment on the arbitration award may be entered into in any court in Oklahoma having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any court in Oklahoma having jurisdiction thereof. By using our Sites, and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the courts in Oklahoma with respect to all such disputes.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Sites or service at any time. TATE reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Sites without notice or liability.
16. Refund/Return Policy
All sales by Tate Publishing & Enterprises, LLC and/or its subsidiaries are final. No payments may be refunded except as allowed by Tate Publishing & Enterprises, LLC once the transaction has been completed. Exchanges and replacements for damaged/defective goods will be handled at the discretion of Tate Publishing & Enterprises, LLC. Digital goods (including eBooks, music album downloads, audio book downloads, etc.) are not eligible for return, refund, or exchange.
Tate Publishing & Enterprises, LLC is not responsible nor liable for product deliveries which are returned to sender due to deliverability issues outside of our control, or due to recippient's refusal of delivery. Customer is solely responsible for ensuring shipping information provided at the time of order is correct, notifying us of any changes prior to shipment of the order, and ensuring necessary actions are taken to receive the delivery or claim the delivery from the carrier. Refusing delivery does not constitute an authorized return and does not entitle purchaser to a refund or replacement. Customer shall be responsible for all costs associated with reshipping or replacing product which is returned to sender without prior return authorization.
Tate Publishing & Enterprises, LLC recognizes that, from time to time, a shipment is mishandled or lost in transit. Tate Publishing & Enterprises, LLC may, at their sole discretion, replace items which are damaged or lost in transit utilizing the standard claims process as set forth by TATE. Items shall not be considered lost in transit until a minimum of 21 days after shipment of an order destined for delivery within the United States, or 45 days for orders shipped outside of the United States.
17. Returned or Reversed Payments
In the event any payment is returned or later reversed, the amount of the reversed or returned payment shall immediately become outstanding and considered past due and subject to a $30.00 USD returned payment fee. Past due balances shall be subject to late charges at a rate of 15% of the past due amount (including fees and previous late charges) assessed every 30 days the balance is past due. Upon reversal or return of any payment, all product orders and/or services due shall be placed on hold until the outstanding balance is paid. In the event that a payment for a product or service is returned or reversed after product has been delivered or service has been rendered, TATE reserves the right to take whatever actions are necessary to recover the outstanding balance or product. Balances left outstanding for more than 90 days may be referred to a collections agency.
18. Clients Bound By All Agreements
All authors, artists, and other clients of Tate Publishing & Enterprises, LLC or its subsidiaries that have signed any publishing and/or distribution and/or marketing agreement and/or any other agreement with TATE are bound by the terms of those agreements/contracts in addition to these terms and conditions. In the event of conflict between said agreements, these terms and conditions shall supersede the conflicting terms.