TERMS OF USE

 

These terms constitute a legally binding agreement (hereinafter referred to as the "Agreement") between you and Bebins Books, LLC, DBA "The Pixel Dump", it's affiliates, and subsidiaries (collectively, “Bebins Books”, the "Company”, “us”, “our”, or "we").  Along with our Privacy Policy, this Agreement governs how you may access and use the websites, applications, white label websites (including author websites), mobile sites, and other online services that are owned and/or operated by the Company (collectively referred to as the “Sites”).  YOUR ACCESS TO AND USE OF THE SITES IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITES AND/OR ASSOCIATED CONTENT. We reserve the right to modify or amend this Agreement without notice at any time. Your continued use of the sites following any change to this Agreement means you accept those changes.

 

OWNERSHIP AND USER LICENSE

 

The Sites are owned and operated by the Company.  The Sites may also include materials owned by third party service providers, posted by virtue of a license, grant, or some other form of agreement between the third party and the Company.

 

All materials contained in the Sites (the "Content") are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes.  No portion of the Sites or Content may be reproduced, duplicated, copied, modified, sold, visited, performed, embedded on other websites, or otherwise exploited for any commercial purpose without the express prior written consent of the Company.  Requests for such consent can be made by contacting us in writing at Bebins Books, LLC, 1270 Caroline Street Suite D120466, Atlanta, GA 30307, or at bebinsbooks@gmail.com. We do not transfer title to any portion of the Sites or Content to you. If you become aware of misuse of the Sites or Content by any person or entity, please contact us at the email address listed above.

 

Additionally, you agree that you will not:

 

1) take any action that interferes or attempts to interfere with the functioning of the Sites;

2) impose, subject to our discretion, an unreasonably large load on our infrastructure; or

3) circumvent any security measures or safeguards meant to regulate access to the Sites.

 

Any violation of these conditions automatically terminates the permissions and/or licenses granted to you by this Agreement.
 

SOCIAL MEDIA

 

The Company maintains accounts on certain third-party websites, such as social media sites ("Platform" or "Platforms") in order to interact with its users and the public.  You may post messages or other materials (collectively "Messages") to Platforms in compliance with their own terms of use, providing that the Messages:

 

1) are not unlawful and do not encourage unlawful behavior

2) are not threatening, obscene, vulgar, indecent, defamatory, pornographic, or sexually explicit;

3) do not include any negative discriminatory comments connected to race, religion, national origin, gender, sexual orientation, disability, or age;

4) are not an invasion of privacy of publicity rights or any other third party rights;

5) do not violate the copyright, trademark or other intellectual property rights of any person or entity;

6) do not falsely assume or claim the identity, characteristics, or qualifications of another person;

7) are not for purposes of spamming;

8) do not contain any virus or other harmful component; and

9) are not for commercial or promotional purposes intended to solicit funds, donations, or services.

 

You agree that Messages submitted by you become the property of Bebins Books and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as the Company sees fit, without any compensation to you, in perpetuity throughout the universe.  Additionally, you grant Bebins Books the right to use your name, voice, and/or likeness as contained in your Messages, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered. However, Bebins Books reserves the right to prevent you from submitting Messages to any Platform and to edit, restrict or remove such Messages for any reason at any time.  Messages submitted to any Platform are not necessarily reviewed by the Company and do not necessarily reflect the opinions or policies of the Company. Furthermore, the use of any Platform is governed by said Platform, not Bebins Books. The Company is not responsible for the use practices of third party sites, and hereby expressly disclaims all responsibility and liability which may arise from your use of those sites.

 

LINKED SITES

 

The Sites may contain links to other websites controlled by third parties.  No inference, assumption, or representation should be made that the Company is connected with these websites.  You should refer to each third-party website's terms of use and not rely on this Agreement.
 

NO PROFESSIONAL ADVICE

 

The information and Content contained on the Sites is not intended as, and shall not be understood or construed as, professional advice.  Such advice includes, but is not limited to, financial, medical, psychological, or legal matters. The Company makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Sites.

 

PURCHASES

 

If you wish to purchase any product or service made available through the Sites, you may be asked to provide credit card information and/or information regarding alternate payment methods (collectively, "Payment Information").  The Company may employ the use of third party services for the purpose of facilitating transactions or payment. By submitting your information, you grant us the right to provide the Payment Information to these third parties according to our Privacy Policy.

 

When you provide Payment Information, you represent that you are the authorized user of the Payment Information and that the information is correct and complete. We reserve the right to refuse or cancel a purchase at any time for any reason.  In the event legal action is necessary to collect on balances due, you agree to reimburse Bebins Books and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

DISCLAIMER OF LIABILITY AND WARRANTIES

 

The Sites, and all content on the Sites, and all products offered by the Company, are provided "AS IS" and "AS AVAILABLE".  To the extent permitted by law, your use of the Sites, content, and products is at your own risk and without warranties of any kind, either express or implied.  This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, and noninfringement or course of performance.  Bebins Books does not warrant that the Sites will function uninterrupted; that they will be free of viruses and other harmful components; that defects will be corrected; or that the Sites are accurate, error free or reliable.

 

Under no circumstances shall the Company, or its parents, subsidiaries, and affiliates together with their respective employees, agents, directors, officers and shareholders, be liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, or for the theft, destruction, damage or unauthorized access to your computer system or network arising from your use of (or inability to use) the Site and/or Content.

To the extent permitted by law, under no circumstances shall the Company, or its parents, subsidiaries, and affiliates together with their respective employees, agents, directors, officers and shareholders, be liable for any direct, consequential, special, incidental, or punitive damages arising from your use or from your inability to use the Site and/or Content.  This shall hold true whether based on warranty, contract, tort (including negligence), or any other claim whatsoever, even if an authorized representative of the Company has been informed of possible, alleged, or actual damages.

 

In no event shall the Company's aggregate liability for all damages, losses, and causes of action of any kind in connection with the Sites or Content exceed the amount paid by you to access the sites and/or Content.

 

You acknowledge that the Company is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Sites, including such conduct or material transmitted by any means by any other person.

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless Bebins Books, its parents, subsidiaries, and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

SEVERABILITY

 

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.  The Company's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

 

ADDITIONAL PROVISIONS

 

This Agreement is the entire agreement between the user and Bebins Books, and supersedes any prior understandings or agreements (written or oral).  These terms are governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Georgia, United States for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Sites, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

 

The Company makes no representation that materials on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Use of the Sites and any associated services may be subject to the export and import laws of the United States, and possibly other countries. While using our Sites and/or Content you agree to comply with all applicable export and import laws.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

Consistent with the Digital Millennium Copyright Act, claims of copyright infringement in connection with the Sites should be sent via email or written notice to our designated copyright agent and must include the following information:

 

-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-A description of the copyrighted work that you claim has been infringed;

-A description of where the material that you claim is infringing is located on the Sites;

-Your address, telephone number, and email address;

-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our designated copyright agent can be reached as follows:

 

Bexley & DeLoach, LLC

Attn: Robert S. Bexley, Esq.

4850 Sugarloaf Pkwy., Ste. 209-339

Lawrenceville, GA 30044

Phone: 770-689-6006

Email: robert@bexleydeloach.com

 

The above contact information is provided solely for notifying Bebins Books of possible copyright infringement.  We are only able to accept notices in the languages into which these terms are made available by us. For other kinds of inquiries, please contact thepixeldump@gmail.com.  While we will try to answer inquiries, we cannot guarantee a response.