Terms of Use


 

Last modified: December 10, 2017

Thank you for visiting our website at www.christianajones.com (the “Site”).  This Site is operated by Jones Publishing House (“we,” “us,” or “our”) and allows you to: (a) learn about Christiana Jones (“Christiana”) and her books; (b) interact with us and our Site; (c) read the latest news involving Christiana; and (d) sign up for our mailing list.  These Terms and Conditions (“Terms and Conditions”) govern your use of this Site, and your agreement is a condition precedent to using this Site.

Binding Effect; Modification to these Terms and Conditions

These Terms and Conditions are a binding agreement. By using this Site, you agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We may change these Terms and Conditions from time to time consistent with applicable law. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the modifications, additions, or deletions, do not continue to use the Site after the date they become effective.

Age Requirements for General Use of this Site

Individuals under the age of 18 are not eligible to use this Site and may not submit any personal information to us.  By using this Site, you hereby represent that you are at least 18 years of age.

Restrictions on Use

Solely for Personal Use:  You may browse this Site and all associated content solely for your personal use and enjoyment.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to Site Access: To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information.  It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete.

Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of the Site.  In using the Site, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;

  • transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;

  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

  • transmit any information, software or other material which contains a virus or other harmful component;

  • use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by us or generally available browsers;

  • frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or

  • use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions:  Additionally, you are prohibited from violating or attempting to violate any security features of this Site. Any violation of system or network security may subject you to civil and/or criminal liability.

We will not be liable if, for any reason, all or part of this Site is ever unavailable. From time to time, we may restrict access to all or some of this Site.

Copyrights, Trademarks, and Other Proprietary Rights

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.

All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

Third Party Links and Retailers

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. For avoidance of doubt, if we provide links to social media platforms, such as Facebook, Instagram, or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your personal information that you have posted, transmitted, or otherwise made available there.

Disclaimer

This site and the information, graphics, materials and products in this site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in this site, including, but not limited to, this site’s information, products, graphics and/or other materials, will be available, uninterrupted or error-free, that defects will be corrected, or that this site, including, but not limited to, the hardware and infrastructure that make it available, is free from viruses or other harmful components. We do not warrant or make any representations regarding the use of the materials in this site or third-party sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

Further, all of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages that result from the use of, or the inability to use, the materials on this site or the performance of our products, even if we (or our authorized representative(s)) have been advised of the possibility of such damages.

In no event shall the collective liability of us and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers to or through you for all damages, losses, and causes of action whether in contract or tort exceed $100.

Indemnification

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Notices

We may give you responses or notices by e-mail, posting to this Site or by written communication sent by U.S. Postal Service.

Disputes

Governing Law: These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Texas, U.S.A., without giving effect to any principles of any choice of law provisions.

Timing of Claims: Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue: Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Fort worth, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Fort Worth, Texas, and you consent to jurisdiction and venue in such courts in Fort Worth, Texas. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other visitors in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Operated From Texas

This Site is controlled and operated by us from offices in the State of Texas. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

Questions

If you have any questions or comments regarding these Terms and Conditions, our Privacy Policy, or this Site, please feel free to contact us by e-mail at christiana@christianajones.com