Last Revised February 24, 2010
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE Agio Web sites (THE "WEB SITES") OPERATED BY Agio Publishing - a division of Trelawny Consulting Group Ltd. ("Agio"). BY USING THE WEB SITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITES.
1. CHANGES TO THESE TERMS AND CONDITIONS
Agio may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web sites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Web sites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Web sites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.
2. THE Agio CUSTOMER AGREEMENT
These Terms and Conditions supplement the Agio Publishing Agreement, which applies to registered Agio authors.
3. PERMISSION TO USE THE Web sites
The Web sites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Web sites must comply with all applicable laws. The Web sites may not be used by persons in jurisdictions where access to or use of the Web sites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Web sites. Agio may in its discretion refuse permission to access and use the Web sites.
The Web sites are made available to you for your lawful, personal, non-commercial use only. You may access and browse the Web sites only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web sites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Web sites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Agio. You may not reproduce, copy, duplicate, sell, or resell any part of the Web sites or access to the Web sites.
The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Agio to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Web sites; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Web sites.
Regardless of the nature of the claim or the reasons for the loss and damages, Agio's liability is limited to foreseeable and direct damages only. Agio will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by you or any other person.
In no event will Agio's total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Agio or any person for whom Agio is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
5. NO ADVICE
The Web sites are not intended to be a comprehensive or detailed statement concerning the matters addressed; or professional or expert advice or recommendations. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web sites.
Communications sent to Agio by means of the Web sites or e-mail are not considered delivered or effective unless and until they are actually received and processed by Agio's responsible representative.
7. Web site CONTENT
Agio is not obliged to monitor, screen, police or edit the use of the Web sites, including postings of materials to the Web sites, although Agio reserves the right to do so in its discretion. Agio will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Web sites, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Web sites or their content by sending an e-mail to firstname.lastname@example.org.
8. OWNERSHIP OF THE Web sites
Stories are copyright © T.M. Scotty Gardiner, 2010. Website design is copyright © Agio Publishing, a division of Trelawny Consulting Group Ltd., 2010. All Rights Reserved. The Web sites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Web sites) are the property of Agio and others, and are protected by international copyright and other laws. Your use of the Web sites does not transfer to you any ownership or other rights in the Web sites or their content.
9. TRADEMARK INFORMATION
Agio Publishing™, AgioPublishing.COM™ and the Agio Publishing logo, are registered and unregistered trademarks, service marks, and trade names owned or licensed by Agio. Other product and company names and logos appearing on the Web sites may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web sites, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the Web sites or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web sites.
10. OTHER SITES
The Web sites may include advertisements for, and links to, other Web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from Agio, and Agio has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Agio does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Agio arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
11. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Web sites for the purposes of framing, mirroring, scraping or data-mining of the Web sites or any of their content without the express written permission of Agio are strictly prohibited. To request permission to link to the Web sites, please contact info@AgioPublishing.com. The framing, mirroring, scraping or data-mining of the Web sites or any of their content in any form and by any method are strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Web sites or to post comments, communications, or any other data of any kind to or on the Web sites with the intention that other users of the Web sites may view such postings.
12. PERSONAL INFORMATION PRIVACY
13. UNSOLICITED SUBMISSIONS
Except for book manuscripts and book proposals, if you send any unsolicited ideas, suggestions or other materials, ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Agio or the Web sites, you automatically grant (or warrant that the owner of the Submissions grants) to Agio and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Agio or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Agio and its assigns.
14. SOFTWARE AGREEMENTS
Agio may cause software to be available for you to download from the Web sites or through other Web sites. The software is protected by copyright. These Terms and Conditions and the software license agreement specific to the software govern your downloading and use of the software.
15. OTHER MATTERS
These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.
For all disputes between Agio and you or any other person arising from, connected with or relating to the Web sites, these Terms and Conditions, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and Agio, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Victoria, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Victoria, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.
You expressly request and require that these Terms and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions are reserved to Agio.
These Terms and Conditions are subject to change without notice.