FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS CASTALIA LIBRARY SITE.
Any references to “User”, “You”, “Your”, or “Authorized User” refer to You or Your institution or business and all its related affiliates, agents, or employees who use this Castalia Library Site.
TERMS AND CONDITIONS
- USER OBLIGATIONS. You must be 18 years of age or older to create an account or use this Castalia Library Site. You represent that You are at least the legal age of majority and will, at all times, provide true, accurate and complete information when submitting any information to the Castalia Library Site, including, without limitation, when You provide information during registration or on other forms. If You provide any false, inaccurate, or incomplete information, Castalia Library reserves the right to terminate Your access immediately to the Castalia Library Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Castalia Library Site or to not use this Site if any applicable laws forbid its use. Without limiting the generality of the foregoing, You agree that You will not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which You receive or which is made available from Castalia Library in connection with this TOU. In addition, You also acknowledge and agree that use of the internet and access to or transmissions or communications with the Castalia Library Site is solely at Your own risk. While Castalia Library has endeavored to create a secure and reliable Castalia Library Site, You should understand that the confidentiality of any communication or material transmitted to or from the Castalia Library Site over the Internet or other form of global communication network cannot be guaranteed. Castalia Library is not responsible for the security of any information transmitted to or from the Castalia Library Site. You agree to assume all responsibility concerning activities related to Your use of the Castalia Library Site.
- USER NAME. Your account information is accessible through the use of a USERID and PASSWORD assigned and/or controlled by You. You are solely responsible for protecting Your USERID and PASSWORD and hereby agree to accept all responsibility for any activity that occurs under Your account with Your USERID and PASSWORD. In addition, should any of Your employees with access to this Site leave Your business/institution, You will be responsible for changing any PASSWORDS if You believe such a step is warranted. Castalia Library is not responsible for any liability arising from any unauthorized use of this service (including without limitation from Your business, institution or from Your failure to safeguard a PASSWORD from unauthorized use). Only one Authorized User can use one user name and password and, thus, one account. By using the Castalia Library Site, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Castalia Library if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Castalia Library will not be liable for any loss or damage arising from Your failure to comply with these obligations. Castalia Library reserves the right to delete or change a user name or password at any time and for any reason with reasonable notice.
- LICENSE GRANT. The Castalia Library Site is provided by Castalia Library, and this TOU provides to You a revocable, limited, non-exclusive, non-transferable license to use the Castalia Library Site conditioned on Your continued compliance with the terms and conditions of this TOU and this TOU permits You to use and access for business purposes only the Castalia Library Site. You may also download materials and information from the Castalia Library Site solely for Your internal business use, provided that all hard copies retain all copyright and other applicable notices contained in such materials and information.
- RESTRICTIONS. This is for limited use only. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Castalia Library through the Castalia Library Site in any manner unless expressly permitted by this TOU. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the Castalia Library Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Castalia Library Site, (ii) attempt to gain unauthorized access to any portion or feature of the Castalia Library Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Castalia Library Site or to any Castalia Library server or to any of the services offered on or through the Castalia Library Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Castalia Library Site or any network connected to the Castalia Library Site, nor breach the security or authentication measures on the Castalia Library Site or any network connected to the Castalia Library Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the Castalia Library Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Castalia Library Site or Castalia Library’s systems or networks or any systems or networks connected to the Castalia Library Site, (vi) use any device, software to interfere with the proper working of the Castalia Library Site or any transaction conducted on the Castalia Library Site, or with any other person’s use of the Castalia Library Site, (vii) resell, or otherwise permit third parties to access and use the Castalia Library Site (or any part thereof) without Castalia Library’s prior written permission, or (viii) use the Castalia Library Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Castalia Library.
- TERM AND TERMINATION. This TOU and Your right to use the Castalia Library Site will take effect at the moment You click “I AGREE TO THE TERMS OF SERVICE”, and access, or use the Castalia Library Site. In addition, Castalia Library reserves the right at any time if You violate any term or condition of this TOU, to deny Your access to the Castalia Library Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Castalia Library Site or inactivating Your Castalia Library account, but all applicable provisions of this TOU will survive termination. Upon termination, You must destroy all copies of any aspect of the Castalia Library Site in Your possession. The provisions concerning Castalia Library’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.
- LIABILITY DISCLAIMER. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CASTALIA AND/OR ITS SUPPLIERS OR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CASTALIA, ITS AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL CASTALIA, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CASTALIA, ITS AFFILIATES AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF CASTALIA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE CASTALIA SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CASTALIA IN CONNECTION WITH THE USE OF THIS CASTALIA SITE FOR THE PRIOR THREE MONTHS.
- RETURN POLICY. Castalia Library will gladly exchange, credit or refund your purchase of any digital edition if returned within 14 days of the purchase date, excluding a Handling charge of $2.50. Please allow 2 weeks for processing. Please note that returns must be requested within 14 days of the date of purchase; Castalia Library cannot assume responsibility for your download of the purchased files.
- FLAWED OR DAMAGED PRINT EDITIONS. Castalia Library does not accept returns of print editions. If you receive a flawed or damaged print edition from the Castalia Library store or the Castalia Direct store, please contact us by email at firstname.lastname@example.org and it will be replaced. All flawed or damaged print editions purchased from Amazon should be brought to Amazon’s attention.
- CONCLUSION OF CONTRACT. After placing an order with Castalia Library, you will receive an order confirmation by e-mail, providing you have provided us with an e-mail address. This confirmation acts as confirmation of receipt and does not constitute a legally binding acceptance of your order. Purchase contracts between Castalia Library and you come into force after your order has been accepted on shipping or deliver of the download link of the goods. The goods remain the full property of Castalia Library Comics until full payment has been made. Our prices naturally already include VAT (as at January 2011; subject to changes in VAT) where VAT is applicable. As a result of ongoing improvements to product quality, deviations from the product images and/or information provided may occur in isolated cases. All performance, dimensions, weights and sizes provided are approximate values. We shall only accept liability for damage in the event of gross negligence or intent. We shall under no circumstances accept liability for subsequent damage such as loss of earnings.
- LEAD TIMES AND DELIVERY. Delivery will take place approximately one week after receipt of your order. Unless otherwise agreed, delivery will be to the delivery address provided by the customer. Books for which we do not hold the publishing rights in certain jurisdictions are not available in those jurisdictions and cannot be shipped to or downloaded by customers located in those jurisdictions.
- APPLICABLE LAW AND PLACE OF JURISDICTION. Swiss law applies, excluding the UN Convention on the International Sales of Goods. The place of jurisdiction is Zug, Switzerland. The EU Commission has set up a platform to enable consumers and traders to settle disputes through online dispute resolution (ODR). To access this platform, go to https://ec.europa.eu/consumers/odr. We are not obligated to participate in an arbitration process and are unfortunately unable to offer you the opportunity to participate in any such process.