This Service is provided for the cataloging and presentation of eBooks and
publications that are for sale and can be acquired by online purchase. Apart
from the presentation and maintenance of this Service for continued operation,
any obligations arising from the purchase of such content is between you the
User and the Author of the publication, except for the general conditions with
regard to the use of this web site as defined below.
Terms and Conditions
This Agreement between you the User and ArtistScope, the Provider of the
Service, is made and entered into by using the Service. User
and Author shall be referred to herein individually as a "Party" or collectively
as the "Parties" who agree as follows:
Grant of Rights
User grants to the Provider the right to monitor and record download history
to all parts of the Service subject to the terms of this Agreement.
Discretion
Access to the Service is by the final
discretion of the Provider.
Relationship of the Parties
Each Party is acting as an independent contractor and not as an agent, partner,
or joint venture with the other Party for any purpose.
Service and Content
For the purpose of this agreement "Service" shall mean access to and all parts
of this web site as provided by the Provider, and 'Content" shall mean all
materials and publications submitted to the Service Authors and other third
parties.
Content Delivery & Fitness
User acknowledges that by purchasing publications via this Service, that the
Provider does not collect any monies or commissions, and that the purchase is
via a card gateway nominated by the respective Author. User agrees that the
provider cannot act as intermediary in any disputes over the fitness of any
Content purchased via this Service.
Non-Return Policy
While it is at the discretion of each individual Author to decide their own
non-return policy, the Provider's recommendation is that there be a non-return
policy. The user agrees that it is their responsibility to ensure that they can
install and use the CopySafe PDF Reader prior to purchase of any publications
sold via this Service, or to find another computer more suitable for the task.
Intellectual Property Rights
User agrees that the Service and Content provided hereunder, and any copies thereof,
in whole or in part, and all intellectual property rights, including without
limitation, patent, copyright, trademark, trade secret, and any other
intellectual or industrial property rights, are and shall remain the sole
property of their Author, and that all rights thereto are reserved by the Author.
User
agrees that it will not create derivatives of any Content, nor use, copy,
disclose, sell, assign, sublicense, or otherwise transfer any Content except as
expressly authorized in the end-user license agreement for such Content.
Governing Law
This Agreement shall be governed by and construed according to the common laws
of Australia.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SERVICES AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM
ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
