Mystery Publishers Limited
Last updated: 01 September, 2020
AGREEMENT TO TERMS
The Site is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Site or use the Services.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Services, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you have the right to us, while we retain all copyright and other proprietary notices contained therein. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content, and the Marks.
The Site provides an online shop (Bookstore and eBookstore) for purchase of books, services, and any other product we offer for sale.
To purchase a product (book or service), you may or may not register with the Site. By registering with the Site, you represent and warrant that:
- all registration and profile information you submit will relate to you and not a third party, and will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Site through automated or non-human means, whether through a robot, script, or otherwise;
- you will not register for more than one account;
- you will not use the Site or the Services for any illegal or unauthorized purpose; and
- your use of the Site or the Services does not violate any applicable law or regulation.
We may at any time verify your identification, including by requiring a copy of a government-issued photo ID, a credit card or billing statement, a tax receipt, and/or any postmarked business mail or by using a third party identification service.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing.
You may not access or use the Site or the Services for any purpose other than that for which we make them available. The Site is for your personal use only and may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us.
As a registered user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretences;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- engage in unauthorized framing of or linking to the Site;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- attempt to impersonate another user or person or use the username of another user;
- sell or otherwise transfer your profile;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- use the Services as part of any effort to compete with us or to provide services as a service bureau;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; and
You acknowledge and agree that by submitting a review to us, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, unpaid, assignable, sub-licensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute the review, in whole or in part. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
GUIDELINES FOR REVIEWS
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the subject being reviewed;
- your reviews should not contain profanity or offensive, abusive, racist or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, or references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct; and
- you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Services (the “Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Feedback.
- We reserve the right, but do not have the obligation to:
- in our sole discretion, and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Services.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with applicable law. We will remove any infringing materials from the Site, and, in appropriate circumstances, we will disable or terminate accounts of any of our writers reported to have infringed on the copyright of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at email@example.com. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney’s’ fees, incurred as the result of our reliance on your misrepresentation in removing or disabling access to such material.
THIRD PARTY WEBSITES AND CONTENT
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW AND VENUE
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIALS;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED, TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES RETAINED BY US IN CONNECTION TO YOUR PROJECTS DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Because some states or jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates, and our respective officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- your use of the Site and/or the Services;
- your violation of the rights of a third party, including but not limited to, intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC TRANSACTIONS AND SIGNATURES
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which requires an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means. Signatures and identities are not authenticated on the Site.
In order to receive further information regarding the Site or use of the Services, please contact us at:
Tel: +254 718 429 184