Terms of Use Agreement

For

 ESP-Publishing.com


 

Introduction

You may be referred to as the Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

Eugene Smith and ESP-Publishing may be referred to as Licensor. The terms 'Us,' 'We,' 'Website,' or 'Licensor' includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.

You must be at least 18 years old to access this website or to purchase products or services from us.

We do not direct this website to persons under 18, nor do we knowingly collect any personal information from children under the age of thirteen.

Disclaimers

ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The use of our information, products and services should be based on your own due diligence and you agree that we are not engaged in any professional service such as providing legal advice or medical services.

Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service.

In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages.

You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

We are not responsible in any manner for links or linked content on websites owned or controlled by others. We provide any links only as a convenience and not as a recommendation or endorsement of the linked content.

Prohibited Uses

You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise copy the content, or any part of it, or share your rights under this Agreement, to others.

You will not give others access to your username and password.

You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic

You will not provide false or misleading information to us.

Indemnification

You agree to indemnify, defend and hold us harmless from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your actions or conduct.

No Assignment

You cannot assign this Agreement, or any aspect of your rights and responsibilities.

Consent to Use Information

When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.

No Waiver of Rights

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed as a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Miscellaneous

This Agreement in all respects shall be governed by and construed according to the laws of the State of New York, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement is entered into in New York City, New York. You consent to the exclusive jurisdiction of the State of New York for any dispute arising from or related to this Agreement.

You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in New York City, New York.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

This Agreement contains the complete and entire understanding and agreement between you and ESP-Publishing and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by ESP-Publishing at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

© 2007 to Present ESP-Publishing.com , All rights reserved.

Unauthorized duplication or publication of any materials from this Site is expressly prohibited.