This website (the “Site”) is provided by Baba Ganeesha Press, LLC (BGP). By using the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms, then you may not use the Site.
1. Use of the Site
You may register for an online account (“Account”) to enable you to view your orders, your downloads and manage your address information. You are responsible for maintaining the confidentiality of the password for your User Account, and you acknowledge and agree that you are responsible for all activities performed using your User Account.
Subject to your compliance with these Terms, BGP grants you permission to access and use the Site solely for your own personal or internal business purposes as set forth in these Terms and consistent with the intended features and functionality of the Site. You may not download, print, or store any of the content on the Site (“Site Content”) without the advance written permission of BGP or other copyright holder, as applicable, of such Site Content. BGP reserves and does not waive any and all intellectual property rights of HBP and/or its licensors and other rights holders in and to the Site Content. For clarity, Site Content does not include any User Content (defined below) that you may post on the Site.
2. Additional Terms
Additional rules and/or guidelines (“Guidelines”) may be posted on the Site in connection with the use of certain Services. As a condition of BGP’s permission for you to use such Services, you agree to abide by the applicable Guidelines, which are hereby incorporated into these Terms.
3. User Accounts
Your User Account is personal to you and you may not transfer the account to another person or entity, share the account with anyone who is not authorized to use it, or use the account other than for its intended purpose. You agree that you will provide us with accurate, up-to-date account information and that you will update your account information if it changes. We will rely on the information provided to us in sending notices or other information to you. We may terminate your account if we are unable to verify the information you provide. When registering for a User Account, you will be required to create login credentials (i.e., a username and password) for the account. You agree to protect your User Account and to change your password as soon as possible if you believe its security has been compromised. You understand that you may be liable for the losses incurred by BGP or others due to unauthorized use of your User Account. You agree to protect your User Account and to change your password as soon as possible if you believe its security has been compromised. You understand that you may be liable for the losses incurred by BGP or others due to unauthorized use of your User Account.
4. Our Books
Your satisfaction with purchases is very important to BGP, and we make every effort to ensure that the condition of items listed on the Site is as described in those listings. If you are not satisfied that your item is as described, please review our Return Policy for instructions regarding the return of your item(s). You understand and agree that, if you are not satisfied with an item that is not as described on the Site, BGP’s refund of your purchase price in exchange for the return of such item to BGP (as stated in our Return Policy) shall be your sole and exclusive remedy from BGP.
5. Canceled and Lost Orders
Occasionally, an item will be listed for sale on the Site that has already been sold. This may be caused by system or human delays in updating our databases after the item is sold. If you order an item that is not actually available (even if the Site says otherwise), your order will be canceled and your payment will be refunded, and you understand and agree that BGP shall have no obligation to provide you with the item.
Although rare, it is possible that an item shipped via any shipping method could be lost in transit. If an item is not received within forty-five (45) days after the shipment date, please notify us by email at email@example.com. Claims for lost orders must be submitted to Customer Service no later than ninety (90) days from the date your item was shipped – after that date, BGP cannot be reasonably confident in its ability to track the shipment and you will forego the possibility of a refund or replacement.
7. User Content
You and other users may submit certain comments, images, or other content (“User Content”) for posting on the Site. You hereby grant to BGP, its affiliates, successors, and assigns, a non-exclusive, irrevocable, perpetual, transferable, sub-licenseable, fully-paid and royalty-free license to publish, use, copy, publicly display, create derivative works of, and distribute such User Content in any and all media throughout the world in connection with the operation of the Site and/or the Services, and in connection with the marketing and promotion of BGP, the Site and/or the Services. Such license shall include the right to publish, use, and publicly display the username and any other names used by you in submitting any such User Content; however, BGP shall have no obligation to do so and you hereby waive any rights to attribution with respect to such User Content. All User Content may be publicly displayed, and you should not post any User Content that you do not want to be viewable by the public.
You represent and warrant that (i) you have all rights, consents, and permissions in and to the User Content necessary for the submission of such content to the Site and the granting of the license and permissions set forth in these Terms and (ii) neither the use of such User Content in connection with the Site or the exercise of the license rights set forth above will (a) infringe, violate, or constitute a misappropriation of any third-party’s rights (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity); (b) slander, defame, libel, appropriate the likeness, violate the contractual or property rights of any other person; or (c) violate any applicable regulation or other law.
BGP has the right (but not the obligation), with or without notice to you, to review any User Content and to modify or delete any User Content that in BGP’s judgment: (i) violates these Terms; (ii) may violate the rights or threaten the safety and security of BGP, the Site, any other user, or any other person; (iii) may constitute a violation of applicable regulation or other law; or (iv) may create liability for BGP, any user, or third party. BGP reserves the right to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms.
8. Site Content
Site Content may include images, illustrations, graphics, audio clips, flash presentations, and text. As stated above, HBP and/or its licensors and other rights holders reserve and do not waive all trademark, copyright, and other intellectual property rights in and to the Site Content. You shall not acquire any right, title, or interest in and to the Site Content, except for the limited rights set forth in these Terms.
Except as expressly authorized by BGP or other copyright holder, as applicable, you agree not to sell, copy, display, transmit, publish, create derivative works from, or otherwise use the Site Content. You agree not to decompile, reverse engineer, or attempt to extract any computer programming from the Site, and you agree not to alter or remove any trademark, copyright, patent or other notice from the Site Content.
9. Acceptable Use and Conduct
You agree that you will not frame any portion of the Site without BGP’s prior written consent. You may not use any robot, spider, other automatic device or process to access or monitor the Site other than in connection with the routine provision of search engine services designed to allow an end user to find and use the Site.
Your use of and access to the Site is subject to all applicable local, state, national and international laws and regulations and you agree to comply with all such laws and regulations in your use of and access to the Site and the Services. In addition, you agree that you will not interfere with others’ use and enjoyment of the Site or the Services and you will not interfere with or disrupt the Site’s security measures.
10. Third Parties and Other Users
BGP does not evaluate, and cannot be responsible for, any links to third-party websites from the Site, or User Content submitted by other users. BGP makes no representations regarding the accuracy, suitability, or quality of the information in any such advertising or content. Any links to other websites are provided as a convenience measure only, and BGP does not, by providing any link, endorse or make any representations regarding the accuracy, suitability, or quality of any third-party website.
11. Exclusion of Warranties; Limitation of Liability
AS USED IN THIS SECTION, THE TERM BGP INCLUDES BGP’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUBCONTRACTORS.
BGP DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BGP OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. EXCEPT FOR THE RETURN POLICY DESCRIBED ABOVE, THE SITE, THE SERVICES, AND ANY CONTENT OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BGP DOES NOT WARRANT THAT THE SITE, SERVICES, OR ANY CONTENT OFFERED ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, BGP SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOST INCOME, REVENUE, OR PROFITS; OR OTHER COMMERCIAL, PERSONAL, OR ECONOMIC LOSS, THAT MAY RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, EVEN IF BGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL BGP’S TOTAL LIABILITY TO YOU RELATED TO THE SITE OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE GREATER OF (i) THE AMOUNT, IF ANY, YOU HAVE PAID BGP FOR THE PRODUCTS OR SERVICES AT ISSUE, OR (ii) $100 U.S. DOLLARS, WHICHEVER IS LESS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS SHALL NONETHELESS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
You agree to indemnify and hold harmless BGP and its officers, directors, employees, agents, representatives, licensors, and subcontractors from any and all claims, losses, obligations, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to: (i) your alleged misuse of the Site or failure to abide by these Terms; (ii) User Content posted using your User Account; (iii) your alleged violation or misappropriation of the rights of any other person or entity, including claims that any of your User Content infringes or violates any third party intellectual property rights; (iv) your breach of any representations, warranties, and covenants made in these Terms; and (v) unauthorized use of your User Account (other than as a result of a security compromise for which you are not responsible).
BGP may update these Terms and may require your agreement to a new version of the Terms as a condition of the continued right to use the Site and/or certain of the Services. At all times, BGP will post the current Terms on the Site and will indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. If you have a User Account, you may be required to electronically sign (click) update Terms as a condition of continued use of your account. Continued use of the Site after a new version of the Terms goes into effect will constitute your agreement to the new version of the Terms as to such continued use.
BGP, in its sole discretion, for any reason or no reason at all, may terminate these Terms, any User Account and/or some or all of the Services provided through the Site, and may remove or delete any or all User Content. Such termination and/or removal of content may occur with or without notice, and you agree that BGP shall not be liable to you or any third party as a result of such termination or removal or deletion of content.
Any provisions of these Terms which by its nature is intended to survive will survive any termination of these Terms.
16. General Terms
If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. A provision of these Terms may be waived by BGP only by a written instrument executed by BGP. Failure by BGP at any time to enforce any of its rights under these Terms will not constitute a waiver and shall not affect BGP’s right to enforce such rights at a later time.