TERMS OF USE                                                                                                                                                                                                              

 


This website and the products and services of eBook Universal, Yasumozoni Inc and its affiliates available via this website ("eBook Universal.com") are provided subject to the terms set forth herein. If you visit eBook Universal.com, you agree to be bound by these Terms of Use.

 

Ebook Universal reserves the right to make changes at any time to eBook Universal.com, or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of Blish.com following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

 

Trademarks and Copyrights

Ebook Universal, Yasumozoni Inc., (YMZ) and eBook Universal.com THE ULTIMATE PLACE IN THE WORLD TO PURCHASE EBOOKS AND CONTENT and other marks displayed on our site are the proprietary service marks or trademarks of eBook Universal or its licensors eBook Universal's trademarks may not be used in connection with any product or service that is not eBook Universal's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit  Book Universal. All other trademarks not owned by eBook Universal that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yasumozoni Inc.and eBook Universal. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on eBook Universal.com without the express written permission of the trademark owner.

 

All content on this site, including photos, design, text, graphics, logos, button icons, images, software, audio clips, digital products, product samples and data compilations; any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement and assembly of all content on this site; are the property of eBook Universal or its licensors and are protected by United States and international copyright and other intellectual property laws.

 

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of YMZ or its licensors.

 

Use of eBook Universal.com

Ebook Universal.com may include message boards, an e-zine, newsletter, user manual, Frequently Asked Questions section, and flash tutorials. Additionally, eBook Universal.com provides an online marketplace displaying digital products available for purchase, product descriptions, product images, product samples and other digital content (the "Marketplace"). With the exception of any portion of the Marketplace, you may download, view, copy and print any other aspect of this site, (i) solely for personal, informational, and non-commercial purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered.

 

You agree not to post on any eBook Universal.com message board or otherwise upload on or transmit to or via eBook Universal.com any information or other content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.

 

You agree you will not interfere, in any way, with others' use of or access to eBook Universal.com and will not attempt to gain unauthorized access to the account or computer system of any other eBook Universal.com site user. You further agree not to take any other action in connection with your use of eBook Universal.com which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of eBook Universal.com. Yasumozoni Inc. nor eBook Universal.com assumes no liability, and shall not be held responsible for, any action you take in connection with your use of eBook Universal.com.

 

You agree to access eBook Universal.com through a web browser. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use eBook Universal.com. You agree not to take any other action that imposes an unreasonable or disproportionate large load on eBook Universal.com.

 

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way Blish.com or any portion of or information on eBook Universal.com, without the prior written permission of eBook Universal.

 

Links to eBook Universal.com

You may include on your website a link to eBook Universal.com, provided that (i) your website does not contain content that infringes any intellectual property or other proprietary right of YMZ or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable treaty, law or regulations; and (ii) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with Yasumozoni Inc. or eBook Universal.com. We reserve the right to revoke, at any time, this consent to any links to eBook Universal.com.

 

Passwords

You acknowledge you are fully responsible for all activities that occur through the use of any password you are granted upon registering to use eBook Universal.com. You agree not to access or attempt to access any password-protected portions of eBook Universal.com without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools.

 

Children

Ebook Universal does not permit children under 13 years of age to use eBook Universal.com. By using eBook Universal.com, you represent you are not under 13 years of age.

 

Privacy

The terms of the eBook Universal.com Privacy Statement are hereby incorporated as part of these Terms of Use. http://www.ebookuniversal.com/

 

User Content

Except where otherwise expressly provided by JDV, all comments, feedback, or information submitted to YMZ through or in association with eBook Universal.com (collectively, "User Content") shall be considered non-confidential and YMZ's property. By submitting such User Content to eBook Universal, you agree that you assign to eBook Universal, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. eBook Universal shall be free to use such User Content in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you.

 

You also represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; and that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity. YMZ has the right but not the obligation to monitor and edit or remove User Content. Yasumozoni, Inc. nor eBook Universal takes no responsibility and assumes no liability for any User Content posted by you or any third party.

 

 

No Medical Advice Provided

No aspect of eBook Universal.com is intended to provide, or should be construed as providing, any dietary or nutritional advice or professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any content on eBook Universal.com, or otherwise consider any content on eBook Universal.com to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health or dietary concerns or conditions.

 

No Legal Advice Provided

No aspect of eBook Universal.com is intended to provide, or should be construed as providing, any legal advice of any kind. You should not disregard legal advice as a result of any content on eBook Universal.com, or otherwise consider any content on eBook Universal.com to be a substitute for professional legal advice. Please consult qualified legal representatives regarding any legal concerns or issues.

 

No Financial Advice Provided

No aspect of eBook Universal.com is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on eBook Universal.com to be a substitute for professional financial advice. Please consult qualified financial consultants regarding any investment, tax or other financial matters.

 

eBook Universal.com Marketplace

eBook Universal.com Marketplace provides images, samples (if available) and descriptions of digital products owned by third parties sold via eBook Universal.com.

 

All images, samples and descriptions of digital products listed in the eBook Universal.com Marketplace or elsewhere on eBook Universal.com have been provided to eBook Universal.com by the owners of such digital products. Neither Yasumozoni, Inc. nor the owners warrants that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. All digital product descriptions, digital product prices, and digital product availability are subject to change at any time, without notice. Furthermore, eBook Universal is not responsible for examining or evaluating, and YMZ does not warrant the offerings of, any of the digital product owners. eBook Universal does not assume any responsibility or liability for the actions or digital products of the digital product owners or any other third parties.

 

Third Party Advertisements and Links to Third Party Sites

eBook Universal.com additionally may provide links to third parties. You acknowledge that, at any time, eBook Universal may display on this website advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. Yasumozoni, Inc. is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by eBook Universal of the advertisement or linked site or any content therein. IN NO EVENT WILL JDV BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

 

Modifications or Discontinuances of eBook Universal.com by Yasumozoni, Inc.

At any time, without notice to you, and for any or no reason, Yasumozoni, Inc. may modify or discontinue eBook Universal.com. Yasumozoni, Inc. shall in no way be held liable for any consequence which results from Yasumozoni, Inc.'s decision to modify or discontinue providing eBook Universal.com.

 

Unauthorized Use of eBook Universal.com

Yasumozoni, Inc. reserves the right to investigate and take legal action against any illegal and/or unauthorized use of eBook Universal.com, including but not limited to, unauthorized access to eBook Universal.com through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with eBook Universal.com; or any action that imposes an unreasonable load on eBook Universal.com. Yasumozoni, Inc. decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or Yasumozoni, Inc.'s legal rights.

 

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF eBook Universal.com, AND ANY PHOTOS, ARTICLES, SOFTWARE OR OTHER INFORMATION, SERVICES, DIGITAL PRODUCTS, AND MATERIALS CONTAINED IN OR DESCRIBED ON eBook Universal.com, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED BY Yasumozoni, Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Yasumozoni, Inc. MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF eBook Universal.com OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR DIGITAL PRODUCTS ON eBook Universal.com, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, YMZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA eBook Universal.com IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF eBook Universal.com. FURTHER, Yasumozoni, Inc. MAKES NO REPRESENTATIONS AND WARRANTIES THAT eBook Universal.com WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

 

IN NO EVENT SHALL JDV OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF Yasumozoni, Inc. OR ITS AFFILIATES (THE "Yasumozoni, Inc. PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF eBook Universal.com (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

 

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold the Yasumozoni, Inc. Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising from or in connection with (i) your use of eBook Universal.com or any information or materials contained or displayed therein; (ii) your violation of these Terms of Use; (iii) any User Content you post on eBook Universal.com or otherwise provide to Yasumozoni, Inc.; or (iv) your violation of any rights of any third party.

 

Governing Law

The laws of the State of Washingtion will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of eBook Universal.com shall be brought in state or federal court in Seattle, Washington and you consent to the jurisdiction of such courts.

 

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Yasumozoni, Inc.'s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Yasumozoni, Inc. agrees to such waiver in writing.

 

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Use set forth the entire understanding between you and Yasumozoni, Inc. with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Yasumozoni, Inc. with respect to such subject matter.

 

Contact

If you have any questions relating to these Terms of Use, eBook Universal.com or Yasumozoni, Inc., please contact: info@ebookuniversal.com.

 

Notice and Procedure for Making Claims of Intellectual Property Infringement

Yasumozoni, Inc. respects the intellectual property rights of others. If you believe that any content, submission, digital product, product description, or other aspect of Blish.com may infringe or otherwise violate your patent, trademark, copyright, privacy right, publicity right or other proprietary right, please refer to our Intellectual Property Policy. Intellectual Property Policy

 

 

eBook Universal.COM PRODUCT LICENSE AGREEMENT

This eBook Universal.com Product License Agreement ("Agreement") governs the terms by which you may obtain the right to license and use digital books, sound recordings, photography, illustrations and other digital content ("Products") from those providers who upload content and license such Products via our website located at www.ebookuniversal.com

("eBook Universal.com"). This Agreement is in addition to those Terms of Use applicable to eBook Universal.com, to which all persons providing content to or accessing content from eBook Universal.com must agree. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall govern. Yasumozoni, Inc. retains the right to unilaterally modify or amend this contract at any time.

 

 

Background

This is a legal agreement between any person intending to obtain a license and access data or materials from eBook Universal.com (in this Agreement referred to as "you" or "Buyer") and Yasumozoni, Inc. Online, ("Yasumozoni, Inc."), the operator of eBook Universal.com. This Agreement hereby incorporates the provisions of Yasumozoni, Inc.'s Privacy Statement (http://www.ebook universal.com/) the ebookuniversal.com Terms of Use (http://www.ebookuniversal.com/).

 

By clicking the box at the end of this Agreement that reads "I agree," you agree to be bound by the terms of this Agreement, and consent to the use, as set forth in Yasumozoni, Inc's Privacy Statement, of any personally identifiable information you may provide to us. We suggest that you print a copy of the Agreement, including the Privacy Statement and the Terms of Use, for your records. Upon accepting the terms of this Agreement, you may obtain a license to Products listed on eBook Universal.com pursuant to the terms hereof. Each subsequent license of Products will be governed by, and confirm your assent to, the terms and conditions of the then current version of this Agreement.

 

This Agreement remains in full force and effect until terminated in accordance with its terms. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must follow the termination procedures set forth below under "Term and Termination."

 

 

Products

All images and descriptions of Products are listed on eBook Universal.com by third party content providers ("Providers"). Yasumozoni, Inc. neither guarantees the legality, quality or availability of any Products, nor warrants that Product descriptions or any other information posted on eBook Universal.com regarding any Products or Providers are accurate, complete, reliable, current, or error-free. Furthermore, Yasumozoni, Inc.is not responsible for selecting, monitoring or evaluating any of the Providers or their Products. Yasumozoni, Inc. is not a party to the license to you of any Products and does not otherwise assume any responsibility or liability for any action, inaction or Product of any Provider.

 

 

Purchase of License

1.0 General. YMZ has arrangements with one or more third party online payment services providers ("Payment Services Providers"), whereby such Payment Services Providers will process payments for licenses to use Products purchased by you via eBook Universal.com.

 

 

2.0 U.S. and Canada Sales. Licenses to use Products may be obtained only by residents of the United States or Canada, and may be accessed via computer hardware located only in the United States or Canada. For purposes of this Agreement, "United States" shall mean the fifty states comprising the United States of America and territories of the United States.

 

 

3.0 Payment. Buyer acknowledges that sales taxes, including but not limited to federal, state and local taxes based on the sale, use or ownership of any Product, whether designated as a sales or use tax, gross receipts tax, value added tax, personal property tax, or otherwise ("Sales Taxes"), may apply to the purchase of a license to certain Products offered through eBook Universal.com. Sales Taxes in respect of a specific Product license will be calculated at the time Buyer purchases a license to a Product. Buyer agrees to pay any such Sales Taxes in addition to the price of purchasing a license to a Product via eBook Universal.com.

 

 

4.0 Product Fulfillment. Promptly following your payment to the Payment Services Provider of any amounts owed by you to obtain a license to a Product, Yasumozoni, Inc. will provide you with an electronic mail message confirming your purchase, including a link to the location from which you may access the Product (the "Download Button"). Buyer acknowledges that (i) firewalls and/or network security systems ("Security Restrictions") may affect your ability to access your Product, and (ii) Yasumozoni, Inc. does not have the ability to predict Security Restrictions and any such Security Restrictions are beyond Yasumozoni, Inc.'s ability to control.

 

 

5.0 Returns and Refunds. Buyer acknowledges and accepts Yasumozoni, Inc.'s policy that all sales of licenses to use Products are final and that all amounts paid by Buyer for licenses to use Products shall be non-refundable. Once a license to a Product has been purchased by you, such Product will be available for access via the Download Button for a period of seven (7) days subsequent to your purchase of the Product license. If, however, within this seven-day period, Buyer does not access the Product, such access to the Product will be terminated, and no refund will be provided. Additionally, if Buyer is unable to download or access any Product as a result of Security Restrictions or other causes outside of YMZ's control, no refund will be provided.

 

 

6.0 Customer Service. If you have any inquiries or complaints regarding your purchase of a license or the delivery of any Product, please contact support@ebookuniversal.com. YMZ will promptly refer any communications from Buyer to the Provider of the Product in question. In the event of any dispute between you and any Provider, you hereby fully release and discharge YMZ, its affiliates, and the officers, directors, employees, agents and representatives of Yasumozoni, Inc and its affiliates, from any demands, claims, liability or damages of any nature whatsoever, whether or not known, arising out of or otherwise based on such dispute.

 

 

License; Restrictions on Use

Upon receipt of payment from Buyer to purchase a license to a Product, Provider grants to you a limited, non-exclusive, non-transferable, royalty free, perpetual right and license to the Product according to the terms and conditions of this Agreement. Notwithstanding the foregoing, you agree not to (i) resell, sublicense or otherwise transfer the Product to any third party, or (ii) incorporate the Product into any item for resale, licensing or other transfer. Additionally, Buyer agrees to be bound by any further restrictions imposed on Buyer's use of the Product by Provider through digital rights management ("YMZ") or as set forth in the Product description or other Product information or communication received from Provider at the time of delivery of the Product.

 

 

Feedback

In the event you post any comments on eBook Universal.com regarding any Providers or Products ("Feedback"), you hereby (i) grant to Yasumozoni, Inc. a royalty-free, perpetual, worldwide, unrestricted, irrevocable license to display such Feedback on eBook Universal.com and otherwise use such Feedback as YMZ, in its sole discretion, may determine; and (ii) agree that YMZ shall have the right to remove such Feedback from eBook Universal.com at any time, in YMZ's sole discretion.

 

 

Term and Termination

1.0 Term. This Agreement is effective until terminated by either you or YMZ as provided below. You may terminate this Agreement at any time by giving written notice to YMZ by electronic mail at support@ebookuniversal.com. YSM may also terminate this Agreement for any reason by giving you notice by electronic mail at the last address on record in your membership information. If YMZ otherwise terminates your membership, such termination shall be deemed to be notice of termination of this Agreement as well.

 

 

2.0 Survival. The termination of this Agreement for any reason will not affect the accrued rights of the parties or the right of either party to sue for damages arising from a breach of this Agreement. In addition, Sections 3.3, 3.6, 4, 5, 6.2, 7, 8, 9, 10 and 11 shall survive, and remain in full force and effect, beyond the effective date of termination of this Agreement.

 

 

Warranty and Disclaimer

1.0 Buyer. You represent and warrant that: (i) you are at least eighteen (18) years of age, and have the right to form legally binding contracts and to perform your obligations hereunder; (ii) you are a resident of the United States or Canada; (iii) your execution and performance of this Agreement will not violate any other agreement or obligation to which you are bound; (iv) you will comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement; and (v) no Feedback you post on eBook Universal.com will infringe or otherwise violate any rights of any third party.

 

 

 

2.0 Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF eBook Universal.com, AND ANY PHOTOS, ARTICLES, SOFTWARE OR OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN OR DESCRIBED ON eBook Universal.com, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED BY YMZ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YMZ MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF eBook Universal.com OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS ON OR AVAILABLE VIA eBook Universal.com, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, YMZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR PRODUCTS ACCESSIBLE VIA eBook Universal.com ARE ACCURATE, COMPLETE OR CURRENT, AND YMZ IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF eBook Universal.com OR THE PRODUCTS LISTED OR LICENSED VIA eBook Universal.com. FURTHER, YMZ MAKES NO REPRESENTATIONS AND WARRANTIES THAT eBook Universal.com OR ANY PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

 

 

Limitation of Liability

IN NO EVENT SHALL Yasumozoni, Inc. OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF YMZ OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF eBook Universal.COM, ANY PRODUCT, OR ANY DESCRIPTION OF ANY PRODUCT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

 

 

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN SECTION 7.2 AND THIS SECTION 8 MAY NOT APPLY TO YOU. NONETHELESS, UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU BE GREATER THAN $100.00.

 

 

Indemnification

You shall indemnify, defend and hold YMZ, its affiliates, and the officers, directors, employees, agents and representatives of YMZ and its affiliates (the "YMZ Indemnitees") harmless from any and all actions, claims, damages, expenses and liabilities of any nature whatsoever (including reasonable attorneys' fees and other legal costs) incurred or suffered by any such YMZ Indemnitees arising out of, or in connection with, any third party claim, demand or cause of action (each a "Claim") based upon or arising out of (i) any breach by you of this Agreement or the eBook Universal.com Terms of Use; (ii) your gross negligence or willful misconduct; (iii) your use of eBook Universal.com or any information, materials or Products contained or displayed therein; or (iv) your violation of any rights of any third party. YMZ reserves the right, at your expense, to assume the exclusive defense and control of any Claim, and in such case, you agree to cooperate with YMZ's defense of such Claim. If YMZ does not exercise its right to assume the exclusive defense and control of a Claim, you shall not enter into any settlement agreement that adversely affects YMZ without YMZ's prior written consent.

 

 

General Terms

1.0 Privacy Policy and Terms of Use. The terms of the eBook Universal.com Privacy Statement and Terms of Use are hereby incorporated as part of this Agreement.

 

 

2.0 Contact. If you have any questions relating to this Agreement, eBook Universal.com or YMZ, please contact: cs@ebookuniversal.com.

 

 

3.0 Binding Provisions/Third Party Beneficiaries.

This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. The parties agree that no provision of this Agreement is intended, expressly or by implication, to purport to confer a benefit or right of action upon a third party (whether or not in existence, and whether or not named, as of the date you agree to these terms).

 

 

4.0 Relationship.

Nothing in this Agreement shall constitute or be deemed to establish a partnership, joint venture, association, agency or employment relationship between you and YMZ, and neither party shall have the authority or power to bind the other party, or to contract in the name of the other party, in any manner or for any purpose.

 

 

5.0 Force Majeure.

 If the performance of YMZ is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond YMZ's reasonable control (each, a "Force Majeure Event"), YMZ shall be excused from such performance to the extent that it is prevented, hindered or delayed by such Force Majeure Event.

 

 

6.0 Remedies Not Exclusive.

No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise.

 

 

7.0 Miscellaneous.

This Agreement will be governed by the laws of the State of Washington without regard to conflicts of laws principles, and you agree to the jurisdiction of the courts therein. This Agreement supersedes any and all prior agreements between the parties hereto, and constitutes the entire agreement between you and YMZ, with respect to the subject matter hereof. No modification or amendment of this Agreement by Buyer, or any waiver of rights under this Agreement by YMZ or Buyer, will be effective unless set forth in a writing signed by both parties. If one or more of the provisions of this Agreement is deemed invalid, unlawful, or unenforceable by law, then the remaining provisions will continue in full force and effect. All rights granted to YMZ under this Agreement shall extend also to YMZ's assignees and successors in interest. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of YMZ.

 

 

8.0 Headings, Plurals, and "Including".

References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word "including" will be interpreted to mean "including, but not limited to," unless otherwise indicated.

 

 

Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF YMZ AGREEING TO PROVIDE A MEANS FOR THE PURCHASE OF A LICENSE TO PRODUCT(S) VIA eBook Universal.com AND BY CLICKING "I AGREE" BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  

 

eBook Universal.COM INDIVIDUAL PROVIDER AGREEMENT

This Individual Provider Agreement ("Agreement") governs the terms by which you may provide digital books, sound recordings, photography, illustrations and other digital content ("Products") to visitors to our web site located at www.ebook universal.com or such other URL as we may specify ("eBook Universal.com"). This Agreement is in addition to those Terms of Use applicable to eBook Universal.com to which all persons providing content to or downloading content from eBook Universal.com must agree. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall govern. YMZ retains the right to unilaterally modify or amend this contract at any time, such modification or amendment to be deemed accepted by you and to become effective upon YMZ's delivery to you by electronic mail at the last address on record in your membership information of such modified or amended agreement.

 

 

1. Background

This is a legal agreement between any person intending to upload data or materials onto eBook Universal.com (in this Agreement referred to as "you" or "Provider") and YMZ Online, INC. ("YMZ"), the operator of eBook Universal.com. Provider wishes to market and sell Products via eBook Universal.com and desires to grant YMZ a non-exclusive, non-transferable license to use certain Provider Content (as defined below) in connection with the marketing and promotion of the Products and/or eBook Universal.com. Upon accepting the terms of this Agreement, you may upload Provider Content to eBook Universal.com by following the instructions on the product listing screens. Each upload of Provider Content will be governed by, and confirm your assent to, the terms and conditions of this Agreement.

 

By clicking the box at the end of this Agreement that reads "I agree," you agree to be bound by the terms of this Agreement. We suggest that you print a copy of the Agreement for your records.

 

This Agreement remains in full force and effect until terminated in accordance with its terms. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must follow the termination procedures set forth below under "Term and Termination."

 

 

2. Products

2.1   Product Descriptions

 

The parties acknowledge that Provider may, from time to time, offer Products for sale via eBook Universal.com. You are solely responsible for pricing each Product, providing a description and an image of the Product, providing any samples of the Product (e.g. sound loops, excerpts, or thumbnails) you wish to make available via eBook Universal.com (collectively, "Samples"), and specifying any warnings, notices, labels or other content required by applicable law to be displayed in connection with the offering, marketing, advertising or sale of the Product. When offering a Product for sale via eBook Universal.com and completing the corresponding upload, you must provide the following information: (i) a brief description of the Product; (ii) such other identifying information as YMZ may reasonably request; (iii) information regarding any limitations or requirements in respect of downloading the Product; (iv) the largest available digitized image of the Product in the highest resolution available; (v) the initial listing price for the Product; (vi) any warnings, notices, labels or other content required by applicable law to be displayed in connection with the offering, marketing, advertising or sale of the Product; (vii) if relevant, the publisher and the edition of the Product; and (viii) any additional information regarding the Product you desire to display on eBook Universal.com (collectively, the "Product Description"), as well as any Samples. You agree to update the Product Descriptions and/or Samples on an as needed basis via the upload procedures to ensure the information provided for each Product is current, accurate and complete.

 

2.2   Acceptable Goods Policy

 

All Products and Product Descriptions must conform to YMZ's Acceptable Goods Policy accessible via http://www.ebookuniversal.com/, as may be amended from time to time by JDV, acting in its sole discretion, to ensure that eBook Universal.com does not contain any content (including but not limited to digital books, sound recordings, photography, illustrations, product descriptions or other digital content) that is illegal, immoral, offensive, or otherwise potentially harmful to YMZ or eBook Universal.com customers. YMZ reserves the right in its sole discretion to remove any Product or other content from eBook Universal.com that YMZ believes does not conform to this Acceptable Goods Policy.

 

2.3   Product Location

 

Each Product shall reside on such YMZ servers as designated by YMZ. Notwithstanding the foregoing, you acknowledge and agree that YMZ shall not at any time have any ownership interest in, or control of, any Product, Sample or Product Description.

 

2.4   Listing

 

YMZ will (i) list the Products, Samples or Product Descriptions on eBook Universal.com, in such location(s) as YMZ may in its sole discretion determine, and (ii) integrate the Products into the relevant eBook Universal.com product search functionality. The listing for each Product will incorporate the Product Description provided by you, including an image of the Product, if available, its listing price, a brief description of the Product, and any Samples. YMZ may, in its sole discretion, charge you certain fees in connection with the listing of the Products and/or offer optional enhancements to the listing of Products, which you may select in exchange for a fee (collectively, the "Fees"). The Fees and the methods of payment for Fees are described in the Schedule of Fees accessible via http://www.ebookuniversal.com/, which schedule may be modified or amended by YMZ at any time. YMZ reserves the right to de-list any Product for which you have failed to pay the applicable Fees.

 

2.5   Security

 

YMZ may give you access to measures you may, in your sole discretion, utilize to assist you in protecting your rights in the Products. No such offering shall constitute, or is intended to constitute, a recommendation or endorsement by YMZ of any such security measures, or any guarantee by YMZ of the functionality, robustness, efficacy or performance of any such security measures. You, and not YMZ, shall be solely responsible for protecting your rights in the Products.

 

2.6   License

 

Subject to the terms and conditions of this Agreement, you hereby grant to YMZ a non-exclusive, non-transferable, worldwide, royalty-free license to publicly display, publish, store, reproduce, digitally perform, modify the format (but not the substance) of, combine with other materials, distribute, or otherwise use the Product Descriptions, Samples, and any other content as you may provide or approved for use in any Product listing (collectively, the "Provider Content"), (i) to facilitate the displays on eBook Universal.com described herein, (ii) in connection with the marketing or promotion of the Products and/or eBook Universal.com, and (iii) as may otherwise be contemplated in this Agreement.

 

2.7 Removal and Disclosure

 

YMZ shall have no obligation under this Agreement to review or monitor the Product Descriptions or Samples displayed, or the Products marketed, via eBook Universal.com. Nonetheless, YMZ shall have the right, in its sole and reasonable discretion, to refuse or remove any Product listing, Product Description, or Sample, for any reason. Provider acknowledges and agrees that YMZ may provide certain personally identifiable information of Provider (e.g., name, street address, telephone number and email address, birthday) ("Personally Identifiable Information") to third parties in the event that YMZ receives notice that any Provider Content infringes or otherwise violates the patent, trademark, copyright, privacy right, publicity right, or other proprietary right of any third party.

 

2.8   Privacy Statement

 

Provider consents to the collection and use of Personally Identifiable Information of Provider as set forth in YMZ's Privacy Statement (http://www.ebookuniversal.com/).

 

3. Product Sales

3.1   General

 

During the term of this Agreement, JDV will receive and process orders for Products placed via eBook Universal.com. You acknowledge and agree that you, not YMZ, will be the selling party of record. Notwithstanding the foregoing, YMZ shall be responsible for collecting, reporting and remitting all federal, state and local taxes based on the sale of any Product, including any tax currently in existence or hereafter created, imposed on YMZ solely in respect of its direct business activities, based on any sales of your Products to eBook Universal.com customers. You shall be responsible for collecting, reporting and remitting all other taxes.

 

3.2   Shopping Cart

 

eBook Universal will host and maintain on eBook Universal.com a "shopping cart" that captures orders for Products placed by eBook Universal.com customers.

 

3.3   Purchase

 

YMZ shall enter into and maintain arrangements with one or more third party online payment services providers ("Payment Services Providers"), whereby such Payment Services Providers will (i) process payments for Products marketed via eBook Universal.com and (ii) deliver to YMZ the proceeds from the sale of Products to eBook Universal.com customers, less any handling fees or amounts charged YMZ by the Payment Services Providers for processing payments for Products ("Sales Proceeds").

 

3.4   Fulfillment

 

Promptly following receipt from a Payment Services Provider of Sales Proceeds, YMZ will provide the relevant eBook Universal.com customer an electronic mail message confirming the purchase, and including a link to the area of eBook Universal.com from which the eBook Universal.com customer may download the Product purchased.

 

3.5   Returns and Refunds

 

You acknowledge and accept YMZ's policy that all Products sales are final and that all amounts paid by eBook Universal.com customers for Products shall be non-refundable.

 

 

3.6   Customer Service

 

YMZ shall provide a mechanism for receipt of all inquiries and complaints from eBook Universal.com customers who have purchased any Product via eBook Universal.com regarding the order or delivery of the Product. In the event YMZ receives any inquiries or other communications regarding matters for which you are responsible under this Agreement, YMZ will promptly refer such communications to you or otherwise advise you of such communication(s), and, if applicable, the parties will cooperate to resolve any outstanding issues. Under no circumstances will you represent to any eBook Universal.com customer that you are an agent of YMZ or have authority to act on behalf of YMZ.

 

 

3.7   Restrictions

 

In the event YMZ discloses to you any personally identifiable information of any eBook Universal.com customer collected by or on behalf of YMZ and maintained by or on behalf of YMZ in accessible form (e.g. name, street address, telephone number, e-mail address, birthday), you will not, and will not permit any other individual or entity to, without YMZ's prior written consent, (i) market or promote products or services of any third party to any eBook Universal.com customer, including via direct e-mail, pop-up advertisements, advertisements or links included within customer communications, or otherwise; (ii) sell, rent, lease, license, assign, distribute or disclose to any third party, or permit any third party access to, any such personally identifiable information (including any e-mail addresses) of any eBook Universal.com customer; (iii) collect, store or use any such personally identifiable information of any eBook Universal.com customer in any manner inconsistent with YMZ's Privacy Statement (accessible via http://www.ebookuniversal.com/); or (iv) use any such personally identifiable information of any eBook Universal.com customer to contact such eBook Universal.com customer for any reason not expressly described in this Agreement.

 

 

4. Sales Proceeds

YMZ shall retain a commission equal to fifty percent (50%) of the Sales Proceeds, in consideration of the services provided by eBook Universal.com under this Agreement. Within thirty (30) days following the end of each calendar month during the term of this Agreement and the end of such calendar month immediately subsequent to the date this Agreement is terminated, YMZ will remit to you the remaining fifty percent (50%) of the Sales Proceeds from sales of Products offered by you via eBook Universal.com for such month. Notwithstanding the foregoing, YMZ shall have no obligation to remit to you any amounts in regard to a Product sale in the event YMZ refunds the associated Sales Proceeds on the grounds the transaction was fraudulent or otherwise unsatisfactory to the buyer.

 

5. Terms and Termination

5.1   Terms

 

This Agreement is effective until terminated by either party as provided below. You may terminate this Agreement at any time by giving five (5) days prior written notice to YMZ by electronic mail at cs@ebookuniversal.com. YMZ may also terminate this Agreement for any reason by giving you notice by electronic mail at the last address on record in your membership information. If YMZ otherwise terminates your membership, such termination shall be deemed to be notice of termination of this Agreement as well.

 

 

5.2   Effect of Termination

 

On or before the effective date of termination of this Agreement, each party will return to the other party any Confidential Information (as defined below) of such other party, and YMZ shall remove from Blish.com any and all references to the Products offered by you, including the Product Descriptions and Samples.

 

 

5.3   Survival

 

The termination of this Agreement for any reason will not affect the accrued rights of the parties or the right of either party to sue for damages arising from a breach of this Agreement. In addition, Sections 2.5, 2.7, 2.8, 3.1, 3.7, 3.8, 5.3, 5.4, and all provisions hereafter, Sections 6 through 11, shall survive, and remain in full force and effect, beyond the effective date of termination of this Agreement.

 

 

6. Ownership

As between you and YMZ, you shall own and retain ownership of all rights, title and interest in the Products, Samples, and Product Descriptions, including all copyrights and other intellectual property rights therein, subject to the licenses granted to Yasumozoni, Inc. under this Agreement (collectively, "Provider Property"). As between you and YMZ. YMZ shall own and retain ownership of all rights, title and interest in and to eBook Universal.com, and all content of eBook Universal.com other than Provider Property (collectively, "YMZ Property").

 

7. Warranties

7.1   Provider

 

You represent and warrant that: (i) you are at least eighteen (18) years of age and have the right, power and authority to enter into this Agreement and to perform your obligations hereunder; (ii) you are a resident of the United States, Canada, Mexico, the European Union, Australia or New Zealand; (iii) your execution and performance of this Agreement will not violate any other agreement or obligation to which you are bound; (iv) you possess all rights necessary to market, promote, and sell the Products worldwide, and to grant to YMZ the rights and licenses granted by Provider under this Agreement, including having obtained any and all necessary releases, waivers, assignments or licenses permitting your use of any Provider Content; (v) no Product, Product Description, or Sample will infringe or otherwise violate any patent, trademark, copyright, privacy right, publicity right or other proprietary right of any third party; (vi) no Product, Product Description, or Sample embodies or contains any content which is defamatory or obscene or otherwise unlawful; (vii) no Product, Product Description, or Sample will violate the Acceptable Goods Policy set forth in Section 2.2 above; (viii) no Product, Product Description, or Sample will contain any viruses or other harmful components; and (ix) you will comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement.

 

7.2   Disclaimer

 

ALL SERVICES TO BE PERFORMED BY YMZ UNDER THIS AGREEMENT SHALL BE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. EACH OBLIGATION OF YMZ UNDER SECTIONS 2 AND 3 OF THIS AGREEMENT SHALL BE SUBJECT TO SCHEDULED AND UNSCHEDULED MAINTENANCE OF eBook Universal.com AND ANY PERIODS IN WHICH eBook Universal.com IS NOT OPERATIONAL OR ACCESSIBLE AS A DIRECT OR INDIRECT RESULT OF ANY EVENT NOT WITHIN YMZ'S REASONABLE CONTROL. YMZ DOES NOT GUARANTEE THAT eBook Universal.com, OR THE MARKETING OR SALES OF PRODUCTS VIA eBook Universal.com, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT eBook Universal.com OR ANY CONTENT AVAILABLE FOR DOWNLOADING BY PROVIDER VIA eBook Universal.com WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT YMZ PROVIDES ANY ADMINISTRATIVE TOOLS OR OTHER ITEMS NOT EXPRESSLY MENTIONED IN THIS AGREEMENT FOR USE BY PROVIDER, SUCH TOOLS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR PROVIDER'S CONVENIENCE ONLY, AND YMZ MAKES NO WARRANTY OF ANY KIND REGARDING THE EFFECTIVENESS OR AVAILABILITY OF SUCH TOOLS. YMZ MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THIS AGREEMENT, OR ITS PERFORMANCE HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

 

8. Limitation of Liability

IN NO EVENT WILL YMZ, ITS AFFILIATES OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF YMZ OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS), IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YMZ'S TOTAL MAXIMUM LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ALL OR ANY PART OF BLISH.COM OR THE PROVIDER CONTENT OR PRODUCTS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE SALES PROCEEDS COLLECTED BY YMZWITH RESPECT TO THE PRODUCTS AND RELATED PROVIDER CONTENT THAT ARE THE SUBJECT MATTER OF THE CLAIM DURING THE YEAR PRECEDING THE CLAIM, BUT IN ANY EVENT WILL NOT EXCEED FIVE HUNDRED ($500.00) UNITED STATES DOLLARS. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

 

9. Indemnification

You shall indemnify, defend and hold YMZ, its affiliates and each of the officers, directors, employees, agents and representatives of YMZ and its affiliates (the "YMZ Indemnitees") harmless from any and all actions, claims, damages, expenses and liabilities of any nature whatsoever (including reasonable attorneys' fees and other legal costs) incurred or suffered by any such YMZ Indemnitees arising out of, or in connection with, any third party claim, demand or cause of action (each a "Claim") based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; (iii) any unpaid taxes for which you are responsible under this Agreement; (iv) infringement or other violation by any Product, Product Description, or Sample of a third party's privacy rights, publicity rights or other proprietary rights; (v) any Product, including any defect thereof; or (vi) any use of any Product or Sample. YMZ reserves the right, at your expense, to assume the exclusive defense and control of any Claim, and in such case, you agree to cooperate with YMZ's defense of such Claim. If YMZ does not exercise its right to assume the exclusive defense and control of a Claim, you shall not enter into any settlement agreement that adversely affects YMZ without YMZ's prior written consent.

 

10. General Terms

10.1   Notices

 

If you are required or permitted to give notice to YMZunder this Agreement, the notice shall be deemed duly given only when in writing, signed on behalf of the person giving the same, and either (i) sent by registered or certified mail, return receipt requested, postage prepaid, or (ii) sent by nationally recognized express courier, to the following address: Yasumozoni, Inc. Online, Inc., P.O. Box 1482 Aberdeen, Washington 98520-0257---Attention: Director of Operations, eBook Universal.com. Alternatively, you may provide notice electronically by sending correspondence to cs@eBook Universal.com. Notices required or permitted by YMZ shall be deemed duly given when delivered by electronic mail to the last address contained in your membership information.

 

 

10.2   Binding Provisions/Third Party Beneficiaries

 

This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. The parties agree that no provision of this Agreement is intended, expressly or by implication, to purport to confer a benefit or right of action upon a third party (whether or not in existence, and whether or not named, as of the date you agree to these terms).

 

 

10.3   Relationship

 

Nothing in this Agreement shall constitute or be deemed to establish a partnership, joint venture, association, agency or employment relationship between the parties, and neither party shall have the authority or power to bind the other party, or to contract in the name of the other party, in any manner or for any purpose.

 

 

10.4   Force Majeure

 

If the performance of YMZ is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond YMZ's reasonable control (each, a "Force Majeure Event"), YMZ shall be excused from such performance to the extent that it is prevented, hindered or delayed by such Force Majeure Event.

 

 

10.5   Remedies Not Exclusive

 

No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise.

 

 

10.6   Miscellaneous

 

This Agreement will be governed by the laws of the State of Washington without regard to conflicts of laws principles, and you agree to the jurisdiction of the courts therein. This Agreement supersedes any and all prior agreements between the parties hereto, and constitutes the entire agreement between you and YMZ, with respect to the subject matter hereof. No modification or amendment of this Agreement, or any waiver of rights under this Agreement, will be effective unless set forth in a writing signed by both parties. If one or more of the provisions of this Agreement is deemed invalid, unlawful, or unenforceable by law, then the remaining provisions will continue in full force and effect. All rights granted to YMZ and eBook Universal.com under this Agreement shall extend also to YMZ's assignees and successors in interest. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of YMZ.

 

10.7   Headings, Plurals, and "Including"

 

References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word "including" will be interpreted to mean "including, but not limited to," unless otherwise indicated.

 

11. Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF Yasumozoni, Inc. AGREEING TO PROVIDE A MEANS FOR THE SALE OF YOUR PRODUCT(S) VIA eBook Universal.com, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING "I AGREE", YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

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