Jacob Literary, LLC – Terms of Use Conditions


TERMS OF USE OF WEBSITE AND DOWNLOADABLE CONTENT  

The Jacob Literary website ("Site") is operated by Jacob Literary ("Jacob Literary, LLC," "us," or "we"), 10208 south 2165 East, Sandy, Utah). We can be reached by email at info@jacobliterary.com. By accessing or using this Site, you agree to be bound by and comply with these Terms of Use (which includes the Jacob Literary Privacy Policy). If you do not agree with this Terms of Use Agreement, please do not use this Site. Jacob Literary, LLC reserves the right, at its own discretion, to update and modify this Agreement at any time and by using this Site you agree to be bound by and comply with these modifications.

The Gumshoe Archives and Azorea, The Piper of the glen, are both trademarks used by Jacob Literary, LLC. YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER, SUBMIT PERSONAL INFORMATION, POST TO OR PARTICIPATE IN PUBLIC AREAS (INCLUDING SOCIAL MEDIA) OF JACOB LITERARY'S GENERAL AUDIENCE SITES

By registering or submitting Personal Information or posting to or participating in public areas of the Site (including without limitation bulletin boards, forums, blogs, user profiles, social media) of this Site, you represent and warrant you are 13 years of age or older. 

USE OF MATERIALS

Unless otherwise indicated (see User Content subheading below), all content appearing on this Site and the Site itself, including, without limitation, the organization, designs, compilations, trademarks, logos and all other copyrighted materials and all other materials related to the Site, including the "look and feel" is owned, controlled or licensed by Jacob Literary, LLC and is protected, from unauthorized use, copying and dissemination by US and foreign copyright, trademark, patent, and other laws, rules and treaties. The information and materials, including text, images, audio, video, computer code and digital downloadable content, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without written permission from Robert E. Jacob or Jacob Literary, LLC and its imprints and trademarks and those of its licensor[s], and misuse of their respective names or of any of the information appearing on this Site may violate copyright and trademark law. If you access this material outside the US you are responsible for compliance with local laws.

SHOPPING

Jacob Literary, LLC EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE Jacob Literary  SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Jacob Literary, LLC's sole, exclusive and joint maximum liability arising from any product sold on the  Jacob Literary site shall be the price of the product ordered. IN NO EVENT SHALL JACOB LITERARY, LLC, OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Jacob Literary shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Jacob Literary shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Jacob Literary will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify Jacob Literary's acceptance of your order, nor does it constitute confirmation of Jacob Literary's offer to sell. Jacob Literary reserves the right at any time after receipt of your order to accept or decline your order for any reason. Jacob Literary reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Jacob Literary may require additional verifications or information before accepting any order. Jacob Literary may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

DISCLAIMERS/LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT JACOB LITERARY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW.

JACOB LITERARY, LLC WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OR INABILITY TO USE  THIS SITE AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS SITE, WHICH IS PROVIDED "AS IS."  UNDER NO CIRCUMSTANCES SHALL JACOB LITERARY, LLC BE HELD LIABLE FOR ANY ACTION TAKEN IN CONNECTION WITH AND INVESTIGATION BY JACOB LITERARY, LLC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS SITE OR FOR ANY OF THE MATERIALS CONTAINED HEREIN OR ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS.  JACOB LITERARY, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JACOB LITERARY, LLC DO NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE VIRUS OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JACOB LITERARY, LLC BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL JACOB LITERARY, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK.  IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE OR THE CONTENT.

JACOB LITERARY, LLC ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED AND IN ACORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDE AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

USER CONDUCT  

To the extent that portions of this Site may provide users an opportunity to post and exchange information, ideas, opinions, or otherwise communicate with JACOB LITERARY, LLC and/or users of the Site, JACOB LITERARY, LLC is not responsible for material submitted or posted to the Site, including materials posted on any bulletin boards, forums, blogs or other public areas ("Public Areas") as applicable.  You acknowledge that JACOB LITERARY, LLC may or may not pre-screen these materials, and JACOB LITERARY, LLC or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable. JACOB LITERARY, LLC reserves the right to use and disclose information as provided in the JACOB LITERARY Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through this Site any content that: a) libels, defames, is obscene, pornographic, abusive, harassing, hateful, racially or ethnically offensive or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; f) contains a virus or other harmful component; or g) impersonates another person. This Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by JACOB LITERARY, LLC. 

LICENSE FOR SUBMITTED CONTENT; USER CONTENT

This Site may now or in the future permit the submission of content at the direction of users of the Site ("User Content") and the hosting, sharing, and/or publishing of User Content. You understand that whether or not such User Content is published, we and our service providers do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of our or our service providers' hosting or publishing User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own the necessary licenses, rights, consents and permissions to use and authorize both us and our service providers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use, and (iii) any User Content you submit does not infringe or violate the rights of any third-party. By submitting User Content to us, you hereby grant both us and our service providers a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors') business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform User Content as permitted through the functionality of the Site and under these Terms of Use. We or our service providers may maintain copies of any User Content.

INDEMNITY

You agree to defend, indemnify, and hold JACOB LITERARY, LLC harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or arising out of your use of this Site, including but not limited to Site content or User Content you submit on this Site. Technology, hosting and other services for aspects of this Site are provided by JACOB LITERARY, LLC's service providers. By participating in this Site you also agree to defend, indemnify, and hold JACOB LITERARY, LLC's service providers harmless on all matters related to your participation with this Site and interaction with others using it. JACOB LITERARY, LLC's service providers are third party beneficiaries to your agreement with this Site pursuant to the JACOB LITERARY Privacy Policy and this Terms of Use Agreement. 

LINKS TO THIRD PARTY WEBSITES

This Site may contain links to websites that are run and maintained by third parties. JACOB LITERARY, LLC is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to this Site and you should always review the terms and conditions of any other website that you access through a link from this JACOB LITERARY, LLC website.

SITE IS FOR U.S. RESIDENTS; GOVERNED BY UNITED STATES AND UTAH LAW; JURISDICTION

This Site is operated in the United States and is designed for and targeted to U.S. audiences. Except as otherwise provided on the Site, all users must be residents of the United States in order to participate in activities that require the collection of personal information or to post unsolicited information to the Site. This Site is governed by and operated in accordance with the laws of the United States or the State of UTAH as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Utah, and you agree to submit to the exclusive jurisdiction of the courts of the State of Utah and the federal courts of Utah. 

COPYRIGHT INFRINGEMENT

JACOB LITERARY, LLC prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated Copyright Agent: Robert E. Jacob

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

JACOB LITERARY, LLC's Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Robert E. Jacob
Designated Copyright Agent
10208 South 2165 East
Sandy, Ut. 84092

By phone: (801) 869-0149

By email: rjacob@jacobliterary.com

ENFORCEMENT

If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

TERMINATION; REPEAT INFRINGEMENT

In addition to any other remedies provided to JACOB LITERARY, LLC. under this Terms of Use Agreement, JACOB LITERARY, LLC or our service providers may terminate your access to the Site if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. If you believe that a user of this Site has committed copyright or trademark or other infringement, please contact JACOB LITERARY, LLC