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Terms of Use
Welcome to BYE Publishing Services.
This Site is provided by BYE Publishing Services as a
service to our customers. Please review the following basic rules that
govern your use of the BYE Publishing Services site (the
"Agreement"). Please note that your use of the BYE Publishing
Services site, (the "Site") constitutes your unconditional
agreement to follow and be bound by these Terms of Use. Although you may
"bookmark" a particular portion of this Site and thereby bypass
this Agreement, your use of this Site still binds you to these Terms of
Use. BYE Publishing Services reserves the right to update
or modify these Terms of Use at any time without prior notice to you.
For this reason, we encourage you to review these Terms of Use whenever
you use this Site.
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Use of this Site
By accepting these Terms of Use through your use of the
Site, you certify that you are 18 years of age or older. If you are under
the age of 18 but at least 13 years of age you may use this Site only
under the supervision of a parent or legal guardian who agrees to be bound
by these Terms of Use. BYE Publishing Services does not
intentionally collect personal information about children under the age
of 13. Children under the age of 13 may not use this Site other than for
browsing, and parents or legal guardians may not agree to these Terms
of Use on their behalf. If you are a parent or legal guardian agreeing
to these Terms of Use for the benefit of a child between the ages of 13
and 18, be advised that you are fully responsible for his or her use of
this Site, including all financial charges and legal liability that he
or she may incur. If you do not agree to (or cannot comply with) any of
these terms and conditions, do not use this Site. All billing and registration
information provided must be truthful and accurate. Providing any untruthful
or inaccurate information may constitute a breach of these Terms of Use.
By confirming your purchase at the end of the checkout process, you agree
to accept and pay for the service/product(s) requested.
All materials, including images, text, illustrations, designs,
icons, photographs, programs, and written and other materials that are
part of this Site (collectively, the "Contents") are intended
solely for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, any of the
Contents, the Site or any related software. All software used on this
Site is the property of BYE Publishing Services or its
suppliers and protected by U.S. and international copyright laws. The
Contents and software on this Site may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents
on this Site is strictly prohibited. BYE Publishing Services
is a trademark of BYE Publishing Services.
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Objectionable Material
You understand that by using this Site or any services
provided on the Site, you may encounter Content that may be deemed by
some to be offensive, indecent, or objectionable, which Content may or
may not be identified as such. You agree to use the Site and any service
at your sole risk and that BYE Publishing Services and
its affiliates shall have no liability to you for Content that may be
deemed offensive, indecent, or objectionable.
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Site Security
Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an account
which the user is not authorized to access; (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or
"crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any TCP/IP
packet header or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in civil
or criminal liability. BYE Publishing Services will investigate
occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved
in such violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working of this Site
or any activity being conducted on this Site. You agree, further, not
to use or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Site other than
the search engine and search agents available from BYE Publishing
Services on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note that there may be certain orders that we are
unable to accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience, you
will not be charged until your payment method is authorized, the order
information is verified for accuracy and your order is confirmed. Some
situations that may result in your order being canceled include limitations
on quantities available for purchase, inaccuracies or errors in product
or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or
information before accepting any order. We will contact you if all or
any portion of your order is canceled or if additional information is
required to accept your order. If your order is canceled after your credit
card has been charged, we will issue a credit to your credit card in the
amount of the charge.
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Pricing Information
While BYE Publishing Services
strives to provide accurate product and pricing information, pricing or
typographical errors may occur. BYE Publishing Services
cannot confirm the price of a product or service until after you order.
In the event that a product or service is listed at an incorrect price
or with incorrect information due to an error in pricing or product information,
BYE Publishing Services shall have the right, at our
sole discretion, to refuse or cancel any orders placed for that product
or service. In the event that a product or service is mispriced, BYE
Publishing Services may, at our discretion, either contact you
for instructions or cancel your order and notify you of such cancellation.
We strive to provide you with the lowest prices possible at BYE
Publishing Services. However, prices and availability are subject
to change without notice.
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Quantity Limits & Dealer Sales
BYE Publishing Services reserves the right,
at our sole discretion, to limit the quantity of products or services
purchased per person, per household or per order. These restrictions may
be applicable to orders placed by the same credit card, and also to orders
that use the same billing and/or shipping address. We will provide notification
to the customer should such limits be applied. BYE Publishing
Services also reserves the right, at our sole discretion, to
prohibit sales to dealers.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed
by BYE Publishing Services, one of its affiliates or
by third parties who have licensed their materials to BYE Publishing
Services and are protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly)
of all Contents on this Site is the exclusive property of BYE
Publishing Services and is also protected by U.S. and international
copyright laws.
BYE Publishing Services and its
suppliers and licensors expressly reserve all intellectual property rights
in all text, programs, products, processes, technology, content and other
materials which appear on this Site. Access to this Site does not confer
and shall not be considered as conferring upon anyone any license under
any of BYE Publishing Services' or any third party's
intellectual property rights.
The BYE Publishing Services' names and
logos and all related product and service names, design marks and slogans
are the trademarks or service marks of BYE Publishing Services
. All other marks are the property of their respective companies. No trademark
or service mark license is granted in connection with the materials contained
on this Site. Access to this Site does not authorize anyone to use any
name, logo or mark in any manner.
References on this Site to any names, marks, products or
services of third parties or hypertext links to third party sites or information
are provided solely as a convenience to you and do not in any way constitute
or imply BYE Publishing Services' endorsement, sponsorship
or recommendation of the third party, information, product or service.
BYE Publishing Services is not responsible for the content
of any third party sites and does not make any representations regarding
the content or accuracy of material on such sites. If you decide to link
to any such third party web sites, you do so entirely at your own risk.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered to BYE
Publishing Services on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain the property of BYE
Publishing Services. Such disclosure, submission or offer of
any Comments shall constitute an assignment to BYE Publishing
Services of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Comments. Thus, BYE
Publishing Services will own exclusively all such rights, titles
and interests and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. BYE Publishing Services
will be entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating you
in any way. BYE Publishing Services is and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to pay to
user any compensation for any Comments; or (3) to respond to any user
Comments. You agree that any Comments submitted by you to the Site will
not violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and will
not cause injury to any person or entity. You further agree that no Comments
submitted by you to the Site will be or contain libelous or otherwise
unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings or any form of "spam".
BYE Publishing Services does not regularly
review posted Comments, but does reserve the right (but not the obligation)
to monitor and edit or remove any Comments submitted to the Site. You
grant BYE Publishing Services the right to use the name
that you submit in connection with any Comments. You agree not to use
a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of any Comments you submit. You are and shall
remain solely responsible for the content of any Comments you make and
you agree to indemnify BYE Publishing Services and its
affiliates for all claims resulting from any Comments you submit. BYE
Publishing Services and its affiliates take no responsibility
and assume no liability for any Comments submitted by you or any third
party.
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Indemnification
You agree to defend, indemnify
and hold harmless BYE Publishing Services and its affiliates
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated
by either you or BYE Publishing Services. You may terminate
this Agreement at any time, provided that you discontinue any further
use of this Site. BYE Publishing Services also may terminate
this Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in BYE Publishing
Services' sole discretion you fail to comply with any term or
provision of this Agreement. Upon any termination of the Agreement by
either you or BYE Publishing Services, you must promptly
destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the Terms
of Use or otherwise. BYE Publishing Services' right to
any Comments shall survive any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY BYE Publishing Services
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BYE
Publishing Services MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, BYE Publishing Services
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, BYE Publishing Services
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY SERVICES
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BYE
Publishing Services WEB SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY SERVICE WARRANTY
OFFERED BY THE MANUFACTURER OF THE SERVICE. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BYE
Publishing ServicesOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE BYE Publishing Services WEB SITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BYE Publishing
Services HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL BYE Publishing Services
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE
ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement between
the parties and supersedes all prior agreements and representations between
them. Headings used in these Terms of Use are for reference purposes only
and in no way define or limit the scope of the section. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain in full force and effect.
The failure of BYE Publishing Services to act with respect
to a breach of this Agreement by you or others does not constitute a waiver
and shall not limit BYE Publishing Services' rights with
respect to such breach or any subsequent breaches. This Agreement shall
be governed by and construed under California law without regard to conflicts
of law provisions. Any action or proceeding arising out of or related
to this Agreement or your use of this Site must be brought in the state
or federal courts of Illinois and you consent to the exclusive personal
jurisdiction of such courts.
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DMCA Notice
Procedure for Making and Responding to Claims of Copyright
Infringement
It is the policy of BYE Publishing Services to respond
to claims of copyright infringement. We will promptly process and investigate
notices of alleged infringement by third parties and will take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United States
Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright
infringement by third parties should be sent to BYE Publishing
Servicesl Designated Agent. If you believe that your copyrighted
work has been infringed under U.S. copyright law and is accessible on
this Site, please notify us by contacting our Designated Agent. Even if
you believe that the alleged infringing work was not posted by a third
party, please send all notifications of claimed copyright infringement
to BYE Publishing Services' Designated Agent listed below.
To be effective under the DMCA, notification of claims of
copyright infringement by third parties must be a written communication
to BYE Publishing Services' Designated Agent that includes
the following:
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed; Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works
at that site; Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit BYE Publishing Services to locate the material;
Information reasonably sufficient to permit BYE Publishing Services
to contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted; A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and A statement
that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
BYE Publishing Services' Designated Agent
for notice of claims of copyright infringement can be reached as follows:
By mail:
BYE Publishing Services
Sacramento, CA
By e-mail:
info@byepublishing.com
This contact information is only for reporting claims of
copyright infringement. Contact information for other matters is provided
elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright
infringement by a third party, BYE Publishing Services
shall remove or disable access to the material identified in the notice,
forward the written notification to the alleged infringer, and take reasonable
efforts to notify the alleged infringer that it has removed or disabled
access to this material.
You should be aware that, under the DMCA, claimants who
make misrepresentations concerning copyright infringement may be liable
for shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer or by BYE Publishing Services,
if injured by relying upon such misrepresentation in removing or disabling
access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against
you, you may file a counter notification with the Designated Agent at
the address listed above.
To be effective, a counter notification must be a written
communication provided to the BYE Publishing Services'
Designated Agent that includes the following:
A physical or electronic signature; Identification of the
material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access
to it was disabled; A statement under penalty of perjury that you have
a good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled;
and Your name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the judicial
district in which the address is located and that you will accept service
of process from the complainant who provided the original notification
or an agent of such person or entity.
If BYE Publishing Services receives a
valid counter notification, it shall provide the complainant with a copy
of the counter notification, inform the complainant that it will replace
the removed material or cease disabling access to it in 10 to 14 days
from receipt of the counter notification, and replace the removed material
or cease disabling access to it in 10 to 14 business days, provided that
BYE Publishing Services has not received notice from
the complainant that an action has been filed seeking a court order to
restrain the alleged infringer from engaging in infringing activity relating
to the material on BYE Publishing Services' system.
You should be aware that the DMCA provides substantial penalties
for a false counter notice filed in response to a notice of copyright
infringement. Claimants who make misrepresentations in their the counter
notification statement may be liable for shall be liable for any damages,
including costs and attorneys' fees, incurred by any copyright owner or
copyright owner's authorized licensee, or by BYE Publishing Services,
if injured by relying upon such misrepresentation in replacing the removed
material or ceasing to disable access to it.
© BYE Publishing Services. All Rights Reserved
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