IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.
ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you agree that disputes between you and Three Points Publishing will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Ownership of Content
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites (“Site Content“) are owned, controlled or licensed by Three Points Publishing, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Three Points Publishing as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
Three Points Publishing may allow you – but only through express written permission – to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution“). For example, a Site may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third party web site. You understand that only Three Points Publishing can make claims, promises or statements on behalf of Three Points Publishing about its products and services and agree not to do so. You also agree that you will not imply that you and Three Points Publishing are affiliated in any way or that Three Points Publishing approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
Reporting Copyright and Other Intellectual Property Violations
You may not use a Site for any purpose or in any manner that infringes the rights of any third party. Three Points Publishing encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Three Points Publishing has a designated agent for receiving notices of copyright infringement and Three Points Publishing follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Three Points Publishing’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on a Site violates your rights other than copyrights, please provide Three Points Publishing with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or other complaint regarding alleged violation of rights to Three Points Publishing’s copyright agent, who can be reached as follows:
Name: Jeff Miracola, Copyright Agent
Mailing Address: P.O. Box 210861, Milwaukee, WI 53221
E-mail Address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Three Points Publishing will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Membership, Registration, & Access Controls
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Three Points Publishing reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
Third Party Links, Content, and Applications
There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features, including third party stores selling or licensing Three Points Publishing products. The Site also may include third party content that we do not control, maintain or endorse.
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site (including, but not limited to, Facebook). For example, the Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on a Site, or a feature that lets you post to your social networking page a link to a Site Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to log in to your account on the third party Site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. If you choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on a Site with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; that your use of these third party applications may cause information about you to be publicly disclosed; and that your use of any third party application is at your own option and risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Three Points Publishing grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that Three Points Publishing or the Sites is endorsing or sponsoring any third party or its products or services, unless Three Points Publishing has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Three Points Publishing’s sole opinion, harm Three Points Publishing or its products or services; (d) must not use any Three Points Publishing trademarks without the prior written permission from Three Points Publishing; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Three Points Publishing’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Three Points Publishing reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
The Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. Three Points Publishing may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Three Points Publishing shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Three Points Publishing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Three Points Publishing will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Three Points Publishing’s acceptance of your order, nor does it constitute confirmation of Three Points Publishing’s offer to sell. Three Points Publishing reserves the right at any time after receipt of your order to accept or decline your order for any reason. Three Points Publishing reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Three Points Publishing may require additional verifications or information before accepting any order.
Three Points Publishing reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, if Three Points Publishing believes your conduct violates these Terms. Three Points Publishing also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Three Points Publishing. Any violation of these Terms may be referred to law enforcement authorities.
Location of Sites and Territorial Restrictions
Three Points Publishing controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Three Points Publishing to any registration requirement within such jurisdiction or country. Anyone using or accessing the Sites from outside the United States does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
The failure of Three Points Publishing to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Three Points Publishing’s rights with respect to such breach or any subsequent breaches. No waiver by Three Points Publishing of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Three Points Publishing. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Three Points Publishing may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Three Points Publishing’s prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Three Points Publishing by virtue of Three Points Publishing having drafted them.
Our Right to Update These Terms
Three Points Publishing reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.