|Terms & Conditions|
Terms of Service – Literary Partners Group, Inc. / Ravenous Romance
1. About the Terms of Service Generally.
1.1. These terms of service ("Terms of Service") set forth the rights and obligations applicable to your use of the Ravenous Romance web-site (www.ravenousromance.com) or any other web-site operated by Literary Partners Group, Inc. d/b/a Ravenous Romance or its affiliates (the “Site”) and the Service and constitute a legally binding agreement between you and Literary Partners Group, Inc. d/b/a Ravenous Romance ("we", "our" or "us"). The term "Service(s)" refers to (a) the proprietary digital or other content services which currently includes, but is not limited to, our “ebooks” service available on the Site, including any form of electronic downloads of books, short stories, novels or similar, (b) any content of any nature or kind made available to you on the Site (the “Content”), (d) any software that may be made available to you on the Site (including any updates provided), from time to time, to enable your use of the Service, and (e) all of the services, features, functions and promotions associated with or offered in connection with our Service as well as all related operations and activities.
1.2. We offer you eBook downloads through our Service which are accessible through software that is included in the Service (“Service Software”) and/or various third party software (collectively, the “Software”)
1.3. By using or attempting to use our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree with any of these terms and conditions, do not use or attempt to use our Service.
1.4. Below is a short summary of some significant terms that are included in these Terms of Service. You should always read the specific terms within these Terms of Service, but we thought it might be helpful to bring several key points to your attention:
1.5. There may be separate end user license agreements and terms of service that you may need to accept in connection with the Service, or specific hardware or Software you may need to interact with the Service. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Service.
2. License; Reservation of Rights.
2.1. By accepting these Terms of Service, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right to use the Service solely for the purposes of downloading, listening, and viewing Content in connection with the Service.
2.2. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Service and you expressly agree that your use of our Service is solely at your own risk. You agree that you will only use our Service for non-commercial personal use and for no other purpose and no one other than you will use the Service under the license granted to you. Your right to use our Service is not assignable or transferable. Other than the limited license granted in this Section 2, you have no other right, title or interest in the Service or Content and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to Content will be limited by copyright law and by these Terms of Service.
3. Description of Service; Your Service Account and Registration Information. You may browse, preview, and search within the Service without opening a Service Account or Registration Information. However, to otherwise use the Service, including, to obtain certain Content, you must register and open a Service Account and provide Registration Information to us. If you wish to terminate your Service Account, you can do so by contacting Customer Support. “Registration Information” means information provided by you when creating a Service Account or otherwise registering for a mailing list, user group or promotional activity on the Site. We will maintain a library of the Content that you download, which will be visible to you through the Software on your PC or other device.
4. Software. When you use the Service, you may use, or may have to use in the future, a variety of software applications, including the Service Software, and other third party Software. With respect to the Service Software, as applicable, we reserve the right to automatically make available to you periodic updates, modifications and/or reinstallations of the Service Software while your computer is connected to the Internet. Such updates may be designed to address security, interoperability, performance or other issues. You consent that we and our suppliers may periodically update the Service Software or other Software that you use in order to access the Service and Content through your PC or other devices, as applicable, without further notice to you.
5. Promotions, Promotional Codes and Gift Cards.
5.1 Promotions. We may from time to time place advertisements or present promotional offers and materials on the Service. Your participation in any promotion or offer is subject to the applicable rules associated with the promotion. Your dealings with other entities or third parties and your participation in third party promotions or offers that are advertised or presented on the Service are solely between you and such third party. Please note that you must be at least 13 years of age to participate in any promotion or offer that is in connection with or related to the Service in any way unless we permit otherwise or impose additional restrictions as set forth in the applicable rules. Please note, however, that we reserve the right to exclude residents of various jurisdictions from certain sweepstakes, contests and promotions. In connection with certain promotions or promotional offers, you may receive a valid promotional code for downloads or other rights from the Service, which may be provided to you in the form of a card, coupon, or other promotional instrument, material or announcement (each a "Promotional Code"). Promotional Codes are valid for the value communicated with the Promotional Code and the promotional offer. In order to redeem a Promotional Code, you must follow the applicable redemption instructions related to the applicable promotion and Promotional Code. If you have properly redeemed a Promotional Code, your Service Account will be credited for the value or applicable discount in the Promotional Code. Use or redemption of Promotional Codes is subject to all applicable rules, expiration dates, service charges and any other limitations and restrictions that may be messaged with the applicable promotional offer. Promotional Codes are not redeemable for cash, and unused portions of any Promotional Code may not be returned for a cash refund or any other value. Promotions and Promotional Codes displayed or offered on the Service are considered no longer valid as of the earliest of (i) the expiration date, (ii) the date stated in the applicable rules or otherwise with the offer or Promotional Code, or (iii) as of the date the special product, offering or promotion is removed from the Service. Additionally, all products, offerings and promotions are subject to change or cancellation at any time by us without notice. If any download exceeds the value of an available Promotional Code, you must pay the balance through your Service Account to complete the transaction. We reserve the right to charge the credit card you have provided to the Service for such excess fees.
5.2. Gift Cards or Certificates. You may have the option to purchase gift certificates from the Service, which may be given by you to others as a gift (each a "Gift Card"). To purchase a Gift Card, follow the instructions provided on the Service and be sure to review all terms and conditions and disclosures concerning Gift Cards before completing your purchase. If you purchase a Gift Card from the Service for an individual that is under the age of 13, or is otherwise unable to comply with or agree to these Terms of Service, that individual will not be able to redeem or use the Gift Card on the Service. After you purchase a Gift Card as a gift, it will be emailed or otherwise delivered to the intended recipient at the recipient email address, phone number, or mail address, as applicable, you provided at the time of your purchase. We reserve the right to charge your credit card for the value of the Gift Card you purchase. You may not pay this charge using any credits to your Service Account. Gift Cards are not refundable, exchangeable or cancelable once purchased and are subject to all Gift Card Terms and Conditions available on the Service.
6. Additional Restrictions. Your use of the Service is also subject to the following restrictions:
6.2. Prohibited Conduct. You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or Content.
6.3. Restriction on Use Related to the Service. Because the Service includes security components, special rules and policies apply. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Service, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer Content to any third party.
6.4. Restriction on Use Related to Service Account. You may only open a Service Account for yourself, and not for any other person, subject to the provisions of the section above entitled "Age Requirement". Except in the event a parental control option is made available by us and such option is selected by you, you agree that you will not allow others to use your Registration Information and/or Service Account and agree that you are solely responsible for maintaining the confidentiality and security of the same. You agree to notify us immediately of any unauthorized use of your password and/or Service Account by contacting Customer Support.
6.5. Restriction on Content Use. The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.
7. Charges and Billing.
7.1. Agreement to Pay. You agree to pay for all Content that is not obtained by means of a Gift Card, Promotional Code, or which is not offered to you by us for free.
7.3. Taxes. Purchases from any of the Services may include federal, state, provincial and/or local sales, goods and services and other taxes (where applicable) and such taxes will be based on the best available address information. In such cases, the sales tax rate in effect at the time purchases are made on the Service will apply. If the applicable tax rates change before the applicable purchase has been completed, the new tax rate(s), effective at the time of completion of purchase on the Service, will apply. You are not eligible for tax exemptions for purchases made on the Service.
7.4. Refund Policy. There are no refunds when a purchase is made on the Service.
7.5. Right to Change Prices. All prices related to the Service are subject to change by us at any time, without notice and without liability to you. We do not provide price protection or refunds in the event of a price drop or a promotional offering.
7.6 United States Currency. All prices are quoted across the Service in (US$) United States dollars. Purchases made through the Service from residents outside of the United States shall pay the equivalent in their local currency (in addition to any service fees that may be charged by their credit card issuer).
8. Special Notices. As a user of the Service, please note the following:
7.2. Accuracy of Information. You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to us is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party. Please note you are responsible for providing your most current Registration Information to us.
7.3. Nature of Content. You understand that by using the Service and accessing the Content, you may encounter materials that you may find to be explicit, offensive, or otherwise objectionable. You agree to the following: (a) it is your responsibility to determine which Content meets your standards; and (b) under no circumstances will we or any of our affiliates or content delivery providers be liable in any way for any Content that you have access to. Nevertheless, you agree to use the Service at your sole risk and that we and our affiliates shall have no liability to you for any Content contained on the Service.
7.4. Risk of Use. We and our affiliates assume no responsibility and shall not be liable for any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, downloading, or browsing the Service.
7.5. Links from Other Web Sites to Third Party Sites; RSS Feeds. We are not responsible for the Content or availability of any RSS Feeds or web sites linked to the Service or any third-party web sites which are linked to or from the Service. Your accessing RSS Feeds or linking to other web sites is entirely at your own risk. Any RSS Feeds or links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. We disclaim all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such RSS Feeds and web sites.
7.6. Action for Violation of Intellectual Property Rights. If we receive a notice alleging that you have engaged in behavior that infringes any of our or a third party's intellectual property rights or reasonably suspect the same, we may suspend or terminate your access to the Service without notice to you. If we take action under this Section, we shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service.
7.7. Our Right to Change These Terms of Service. We reserve the right to modify, add to, change or remove any part of these Terms of Service at any time, with or without notice. You should therefore periodically visit this page, by clicking on the hyperlink entitled "Terms of Service" at the bottom of the Service homepage to review the then-current Terms of Service. All changes to these Terms of Service will be effective when posted, and your continued use of the Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. If you do not agree to (or cannot comply with) these Terms of Service as amended, your sole remedy is to stop using the Service.
7.8. Our Right to Make Changes to the Service. We may add, change, discontinue, remove, or suspend any materials incorporated into the Service, including features, promotions, prices and specifications of products described or depicted on the Service, temporarily or permanently, at any time, without notice and without liability. In addition, we and/or the owners of the Content may, from time to time, remove Content from the Service without notice, and we may at any time lose the right to make certain Content available. In such event, you will no longer be able to obtain or view certain Content.
7.9. Delivery of Content. On occasion, technical problems may delay or prevent delivery to you of Content. In such an instance, your sole remedy will be either replacement of such Content or refund of the price paid for such Content, if applicable, at our discretion. Refunds are not available for Content obtained through a promotional offering unless expressly indicated otherwise.
7.10. Our Rights to Your Postings. By “blogging” or otherwise posting messages, reviews, inputting data, or engaging in any other form of communication through the Service (if so permitted by us and the Service), you represent that you have all the rights to make such posting, that such posting does not infringe the rights of any third party, and you agree that we may copy, sublicense, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If our use of such Content exploits any proprietary rights you may have in such material, you agree that we have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, Content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. Once you submit a posting, review, rating or other communication to us, you may only request that a revision or other modification be made to your review or posting (or that your review or posting be withdrawn) by contacting Customer Service. We do not guarantee that any such request will be honored or that any requested revision, modification or request for withdrawal will be honored within any specific time period. For any reason whatsoever, at any time and with or without notice to you other than as provided herein, we reserve the right to review, monitor and/or remove your review, rating, posting or submission, or to edit or remove language that we deem objectionable or offensive from your review, rating or posting. You shall not post or transmit any content, information or messages that: (i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (ii) harasses or advocates harassment of another person, (iii) could be harmful to minors, (iv) exploits people under the age of 18 in a sexual or violent manner, (v) provides instructional information about illegal activities, (vi) or uses the Services for commercial purposes (i.e., posting/transmitting submissions containing advertising or promotes contests, sweepstakes, barter and/or pyramid schemes). In addition, we reserve the right to refuse to post your review, rating or posting, in whole or in part, for any reason whatsoever. Any and all submissions of any materials or communications using the Service will be treated by us, without exception, as non-confidential and non-proprietary.
8. Intellectual Property.
8.1.Trade Secrets and Proprietary Materials. The Service contains and/or embodies copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the Service and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the Service which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.
8.1. Copyright. Our Service is protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the Services and the website are protected, among other ways, under copyright laws as a collective work and/or compilation pursuant to applicable United States and foreign laws. The Content and Service Software, without limitation, is licensed, not sold. All title and copyright in and to Content and Service Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Service Software), and any permitted copies, derivations and modifications of the Content and Service Software, are owned by us or our licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service or the Content. In addition to these Terms of Service, we may take appropriate measures to protect copyright of the Content and the Service Software.
8.2. Trademarks. You cannot use any of the trademarks or protected copyright materials found on and within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes. The trademarks listed below are our trademarks, or those of our affiliates, licensors, or third party owners. Nothing contained on the Service should be construed as granting by estoppel or otherwise, any license or right of use to any trademark. Please note that the trademark list below is periodically updated such that neither this list nor its updates are all-inclusive lists of the trademarks: RAVENOUS ROMANCE, RAVENOUS RENDEZVOUS, and the “Hot Pink V” design and logo.
Other Trademarks used on the Service are the trademarks of their respective owners.
9. Miscellaneous Terms.
9.1.Remedies.You agree that any unauthorized use of the Service will result in irreparable injury to the applicable Related Entities, as applicable, for which money damages would be inadequate. Therefore, in such event, the Related Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that the we or our affiliates may have under separate legal authority. You understand and agree that your cancellation of your Service Account is your sole right and remedy with respect to any dispute with the Literary Partners Group, Inc. d/b/a Ravenous Romance, or any of its affiliates (the “Related Parties”).
9.2. Indemnification. You agree that you will defend, indemnify and hold harmless the Related Parties against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service, or any breach by you of these Terms of Service, and you agree to reimburse Related Parties on demand for any losses, costs or expenses they incur therefrom.
9.3. Term; Termination. The term of these Terms of Service shall remain in effect until terminated as provided herein. These Terms of Service and your right to use the Service is subject to immediate termination, without notice, (a) if you breach (or we reasonably suspect that you have breached) any provision of these Terms of Service, or (b) upon our discontinuation of our dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must cease all use of the Service. If we terminate these Terms of Service, or suspend your Service Account for any of the reasons set forth in these Terms of Service, the Related Parties shall have no liability or responsibility to you, and we will not refund any amounts that you have previously paid.
9.4. Disclaimers; limitation of liability.you understand and agree that your use of the service and service software is at your own sole risk. the service and all portions thereof are provided "as is" and without any warranty of any kind by the related parties, as applicable, and, to the maximum extent allowed by applicable law, the related parties expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement. the related parties do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service with respect to performance, accuracy, reliability, security capability or otherwise. you will not hold any related party responsible for any damages that result from you accessing (including any software or systems you use to access) the service or using the service, including, but not limited to, damage to any computer, software, systems, mobile devices, or portable devices you use to access the same. should all or any part of the service prove defective you (and not a related party) assume the entire cost of all necessary servicing, repair, correction or replacement. it is your sole responsibility to ensure that your systems will function correctly with the service. there is no warranty that the functions contained in the service software will meet your requirements, or that the operation thereof will be uninterrupted or error-free. the related parties do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service software with respect to its performance, accuracy, reliability, security capability, currentness or otherwise. no oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to the service, service software or any of the related parties. under no circumstances shall any related party be liable for any unauthorized use of the service. the service may contain views, advice, statements and opinions, which represent the views, advice, opinions and statements of the individual authors and not necessarily those of any related party. the related parties do not represent or endorse the accuracy or reliability of any view, advice, opinion, statement or other information provided by such authors. such views, opinions, advice, statements or other information are solely those of the authors and cannot be attributed to the related parties. in no event will the related parties be liable for any direct, consequential, exemplary, special, indirect, incidental or punitive damages, lost profits, however caused, arising from or relating to the service, these terms of service or the subject matter of any of the foregoing, under any theory of liability, including but not limited to (1) damages arising from loss of data, loss of revenue, loss of use and any downloads or any associated equipment, down time and user's time, even if a related party has been advised of the possibility of such damages; and (2) damages arising from your use of the service in violation of these terms of service, including the limitations on use. to the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the related parties shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law and in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed us$10. under no circumstances shall the parties be liable for by your or any other user␙s unauthorized use of any content, or any use of the service or service software by you or any other user to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party's rights or that violates any foreign, federal, state or local statute or regulation.