Terms of Purchase for Embraced by Love
These terms and conditions apply to the purchase of all forms of the book Embraced by Love: ebook, audiobook or both (herein “The Book”, the “Product”), regardless of payment amount.
The terms and conditions below form the legal agreement (“Contract”) between us (“Alma Lewtom“, the “Author”, “we”, “us”, “our”) and you (the “Customer”, “you”, “your”), which together with our Terms of Service and Privacy Policy, are the basis which governs our relationship with you in relation to the Website and The Book.
By purchasing The Book, you are acknowledging and agreeing to these terms and conditions (Embraced by Love Terms of Purchase, Terms of Service and Privacy Policy).
1. Description of The Book
1.1. The Book is an original work of Art, arranged in the form of:
(i) an ebook which includes 111 poems and 5 pictures of watercolour illustrations, together with 2 digital illustrations as front and back covers; and
(ii) an audiobook which includes 118 audio recordings with the Author’s voice, and text depicting the titles of the audios.
2. Orders
2.1. All orders must be submitted via this website (“www.almalewtom.com”, herein “Website”) in accordance with the instructions set out on each step and page of the checkout process.
2.2. You must be at least 13 years of age or older to purchase access to the Product. Children under the age of majority should review this Contract with their parent or legal guardian.
2.3. The Customer is responsible for ensuring the completeness and accuracy of the order details. The Author will not be liable for any failure by the Customer to provide complete and accurate information in the order.
2.4. Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing by e-mail (herein “Confirmation”), along with relevant order reference number, and receipt of your payment. Upon our sending of your Confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
2.5. Once the Contract between us is formed, you may not cancel the Product order.
2.6. We reserve the right to reject any order submitted on any reasonable grounds, including but not limited to any violation by the Customer of our Terms of Service. Without limitation to any provisions as purported in Paragraph 10, we will not be liable or otherwise responsible for any loss or damage caused to the the Customer by cancellation of an order by us.
3. Price
3.1. The Customer agrees to purchase The Book for the Price displayed on the Website. The Customer shall also pay applicable taxes.
4. Payment
4.1. Payment shall be made in full upon placing the order.
4.2. The Author reserves the right to require the Customer to present such documents as to confirm the Customer’s identity and address. Where payment of the Price is made by someone other than the Customer (“third party payer”), the Author may require documents to confirm their identity and their relationship with the Customer. The Author may decline such payments in her sole discretion.
5. Access to The Book
5.1. Subject to these Terms and the Terms of Service and Privacy Policy, the Author grants the Customer a limited, personal, non-exclusive, non-transferable, and revocable license to access The Book, through the means of creating a Customer account, upon this Contract being deemed to be in force according to Paragraph 2.
5.2. You may use content from The Book only for your personal, non-commercial use, unless you obtain the Author’s written permission to otherwise use the content. The contents of The Book may be used as purported in Paragraph 8.
5.3. As a condition to accessing The Book, you are required to open an account with us and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
5.4. You may not access the Book unless you have registered with us and provided the relevant details requested. The Product includes access for one (1) person. You agree that you will create, access, and/or use only one user account, unless expressly permitted by us, and you will not share with any third party access to or access information for your account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any other rights or access information associated with your account. You are responsible for keeping your password secret and secure.
5.5. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website or The Book for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
5.6. The Author may terminate the Customer’s Account at any time on any reasonable grounds, including but not limited to any violation by the Customer of these Terms of Purchase or our Terms of Service.
6. Non-disparagement
6.1. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Author, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
7. Return and Refund Policy
7.1. The sale of The Book is final. The Book is not eligible for a return, refund or exchange.
8. Copyright and Ownership
8.1. The sale does not transfer or assign or license any copyright or other intellectual property rights related to the Product to the Customer.
8.2. The Author reserves all reproduction rights, including the right to claim statutory copyright, in the Product. The Author is the owner of all intellectual property rights in the material published on the Website.
8.3. The Products may not be photographed, sketched, painted, copied or reproduced, republished, uploaded, posted, transmitted, rented, leased, loaned, translated, sold, exploited, or distributed in any manner or medium (including by email or other electronic means or mechanical means) without the express prior written consent of the Author. Any use of such proprietary material, other than as permitted therein, is expressly prohibited without the Author’s prior permission, and infringes on the intellectual properties of the Author and such infringement may be subject to penalties including monetary damages.
8.4. If you print off, copy, record or download any part of The Book in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.5. The copyright subsisting in all images and other materials including audio and video, produced for the sale of the Product is owned by the Author and such images and materials may only be used with the Author’s explicit permission in writing. The Author will have the right to use such images in her own discretion after the sale of the Product.
9. Limitation of Liability
9.1. The Author shall have no liability for loss of profit, business, revenue, loss of goodwill, or any incidental, indirect, consequential, exemplary or punitive loss or damages.
9.2. The Author shall not be liable for any breach of the Contract due to causes or events outside her reasonable control (such as but not limited to events of force majeure, strikes, lockouts, flood, epidemic, failure of private telecommunications networks, etc). If such a cause takes place, the Author’s obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.3. Except in relation to the purchase of Product, your use of the Website is entirely at your own risk and is provided on an “as is”, “as available”, and “with all faults” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
9.4. Except as expressly stated in these terms, to the fullest extent permissible by law, the Author and her collaborators make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of The Book, that The Book will meet your requirements, or as to your actions derived from using any of the information included in The Book. You acknowledge and agree that any access or use of The Book is at your own risk. The Author offers no professional legal, medical, psychological or any other kind of advice.
9.5. Notwithstanding the above, in no event will the Author liability exceed the price of the product to which the liability relates.
10. Miscellany
10.1. Upon the acceptance of the terms and full payment of the Price, this Contract is definite and may not be cancelled.
10.2. You agree that in the case of any breach of any part of this Contract, the Artist will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Contract. In the case of any breach of any part of this Contract, you agree to first solve the dispute in a friendly manner; if this is not possible, you agree that the dispute will be solved by the courts on the territory of Romania, according to the Code of Civil Procedure, the Civil Code and legislative acts from Romanian Law.
10.3. You agree that any proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, no proceeding shall be (i) joined with any other, and (ii) be brought in a purported representative capacity on behalf of the general public or any institution or organization or foundation or association or country. You agree that you may bring claims against us only in your individual capacity.
10.4. The Customer agrees to protect, defend, indemnify and keep the Author and her collaborators and successors harmless and indemnified in full against any and all liabilities, loss, costs and expenses (including but not limited to investigations, legal fees and court costs) incurred by the Author as a result of the Contract being breached in any way in full or in part by the Customer.
10.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6. A waiver of any breach of any of the provisions of this Contract shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
10.7. These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the laws of Romania and the European Union.
10.8. We will not file a copy of the Contract between us. This Contract is valid according to the terms stated hereby. No handwritten signature is required for the terms to be in effect; by ticking the box before purchasing the Product, you acknowledge and agree to this Contract.
10.9 This Contract constitutes the entire understanding of the Author and the Customer and supersedes all prior agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
10.10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives.
11. Our Right To Vary These Terms
11.1. We reserve the right to revise these Terms from time to time without notice.
11.2. It is your responsibility to familiarize yourself with the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms.
11.3. Every time you order a Product from us, the Terms in force at that time will apply to the Contract between you and us.
11.4. The Terms applicable to the Contract will be determined as those published and active on the date your order was placed.
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