Site Terms
Date of Last Revision: December 1, 2104
PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) govern your access to, and use of, the Fifty Tales Media Web site located at www.edharrisauthor.com (the “Site”), owned by Fifty Tales Media LLC (“Fifty Tales Media”). These Site Terms do not alter in any way the terms or conditions of any written agreement you may have with Fifty Tales Media, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf.
Fifty Tales Media reserves the right to change these Site Terms and its Service Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes will constitute your acceptance of such changes. If you don’t agree to the amended terms, you must stop using the Site. You warrant and attest that you are at least fourteen (14) years of age.
All questions or comments about the Site or its contents should be directed to support@Fifty Tales Media.com.
1. Privacy Policy
Please refer to our Privacy Policy for information on how Fifty Tales Media collects, uses and discloses personally identifiable and other information from its Site users.
2. Copyright and Limited License
Unless otherwise indicated, the Site itself, including, without limitation, the Fifty Tales Media logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Fifty Tales Media and its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Fifty Tales Media’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (g) any use of the Site or the Materials other than for their intended purpose; (h) use of any portion of the Site or the Materials as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Fifty Tales Media, in writing. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of Fifty Tales Media, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason by Fifty Tales Media.
3. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Fifty Tales Media, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use a Fifty Tales Media logo or other proprietary graphic to link to this Site without the express written permission of Fifty Tales Media as long as the manner of your use is not objectionable to Fifty Tales Media. In the event that Fifty Tales Media objects to your use of the Fifty Tales Media logo or other proprietary graphic, you agree to cease using them. Further, you may not use, frame or utilize framing techniques to enclose any Fifty Tales Media trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Fifty Tales Media’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Fifty Tales Media or any third party.
4. Advertisements and Promotions
Fifty Tales Media may run advertisements and promotions from third parties on this Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Fifty Tales Media, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Fifty Tales Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers.
5. Third Party Content
Fifty Tales Media or its industry partners may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Fifty Tales Media may post third party content or allow users to post their content or third party content to the Site. Fifty Tales Media does not monitor or have any control over any Third Party Content or third party Web sites. Fifty Tales Media does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Fifty Tales Media does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gatherin practices, of any site to which you navigate from the Site.
6. Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). Fifty Tales Media is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Fifty Tales Media makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Fifty Tales Media assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Fifty Tales Media is not responsible or liable for any Third-Party Services.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Fifty Tales Media respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Fifty Tales Media, LLC
Edward Harris
12011 Bel-Red Road, Suite 100
Bellevue, WA 98005
info@Fifty Tales Media.com
8. Trademarks
“Fifty Tales Media”, the Fifty Tales Media logo and any other product or service name or slogan displayed on the Site are trademarks of Fifty Tales Media and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fifty Tales Media or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Fifty Tales Media” or any other name, trademark or product or service name of Fifty Tales Media without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fifty Tales Media and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Fifty Tales Media names or logos displayed on the Site are the property of their respective owners.
9. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIFTY TALES MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. FIFTY TALES MEDIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FIFTY TALES MEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FIFTY TALES MEDIA IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. WHILE FIFTY TALES MEDIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, FIFTY TALES MEDIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Fifty Tales Media reserves the right to change any and all content contained on the Site and any services offered through the Site at any time without notice.
10. Limitation of Liability
IN NO EVENT SHALL FIFTY TALES MEDIA OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FIFTY TALES MEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FIFTY TALES MEDIA’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF FIFTY TALES MEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FIFTY TALES MEDIA FOR ACCESS TO OR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. Dispute Resolution.
The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles. In the event of any controversy or claim arising out of or relating in any way to this Agreement or the Site, the parties agree hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association in Seattle, WA. The parties give up their right to litigate their disputes and may not proceed to arbitration without first attempting mediation. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Nothing herein shall prevent either party from seeking injunctive relief for any breach of its intellectual property rights by the other party.
12. Applicable Law and Venue
These Site Terms the Service Terms and your use of the Site shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Site or these Site Terms or Service Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
13. Severability
If any of these Site Terms or the Service Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fifty Tales Media under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. You acknowledge that, by acceptance of your submission, Fifty Tales Media does not waive any rights to use similar or related ideas previously known to Fifty Tales Media, or developed by its employees, or obtained from sources other than you.
15. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Force Majeure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
17. Entire Agreement.
This Agreement, together with the Service Terms and Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of this site and any acts or omissions of Fifty Tales Media and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
©2014 Fifty Tales Media LLC. All rights reserved.
This privacy policy (“Policy”) applies to the Web site owned and operated by Fifty Tales Media LLC (“Fifty Tales Media” “we” or “us”) located at www.edharrisauthor.com (the “Site”). The Policy is designed to tell you how we collect and use personal information (as defined below) so you can make an informed decision about using our Site. Please read this statement before using our Site or submitting any personal information to us. By using our Site, you represent that you are 14 years old or older and you consent to the information collection and use practices described herein. We reserve the right to change the provisions of this privacy policy at any time by posting a revised privacy policy on the Site and indicating on the privacy policy the date it was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your acceptance of any such changes. We encourage you to review our privacy policy whenever you visit our Site to determine if any changes have been made and to make sure that you understand how any personal information you provide will be used.
WHAT IS “PERSONAL INFORMATION”? As used herein, the term “personal information” generally means information that specifically identifies an individual (such as user’s name, address, telephone number, e-mail address, credit card or other account number) or that is associated with an identifiable person (such as demographic information or information about a person’s activities when such information is linked to personally identifying information). Personal information does not include “aggregate” information, which is data we collect about the use of the Site or categories of Site users, from which any personal information has been removed. For example, information that forty-seven percent of the Site’s registered users identify themselves as male, is aggregate information. We collect aggregate data for a number of purposes, including to help us understand trends and user needs so that we can better consider new products and services, and tailor existing products and services to user desires. This policy in no way limits or restricts our collection of aggregate information.
WHAT PERSONAL INFORMATION DO WE COLLECT? We do not collect any personal information from mere visitors to the Site. Your email address may be collected when you send us an email as will your name if you provide that with your email.
WHAT OTHER INFORMATION DO WE COLLECT? When you visit our Site, some information is also automatically collected through the use of log files, such as your computer’s Internet Protocol (IP) address, your computer’s operating system, the browser type, the address of a referring web site and your activity on the Site. We use this information for purposes such as analyzing trends, administering the Site, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use. We may also automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on a user’s hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if your browser is set not to accept cookies or if you reject a cookie, you will not be known to the Site when you return to it.
We may also use third parties to provide certain services, such as collecting, tracking and analyzing non-personally identifiable usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior and demographic information. These third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your computer to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. We are not responsible for, and do not control, any actions or policies of any third party service providers.
USAGE AND DISCLOSURE The information covered by this Privacy Policy may be used in one or more of the following ways:
To send periodic emails: The email address you provide may be used to send you information and updates, if any, in addition to occasional company news, updates, related product or service information, etc. You will be given an opportunity to opt out of such marketing emails, but if you contribute content, you will not be able to opt out of emails related to use of your contribution.
To file for trademarks and for compliance purposes
We do not sell, share, or rent any personal information to others in ways different from what is disclosed in this Policy without first obtaining your consent, although we may provide aggregate information or other non-personal information to third parties without your authorization. We may share your contact information with third parties if you have indicated to us that you wish to receive information from such parties. In the event that we engage or partner with third party vendors, consultants or other service providers in connection with the operation of our business (“Service Providers”), we may share personal information with such Service Providers who need access to such information to carry out their work for us. For example, we may use credit card processing or verification service companies to verify credit card information. In addition, we may offer various features through a third party service provider.
We also may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., listing of author information when filing copyright registrations, lawful subpoenas, warrants or court orders); to enforce or apply this privacy policy or our other policies or agreements; to protect our or our customers’ rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Site; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information. In addition, information about our customers, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of PrepScholar assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Fifty Tales Media.
Please note: The Site may contain links to other sites. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered this Site through another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This privacy policy applies solely to information collected by us.
WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE? Fifty Tales Media endeavors to secure your personal information from unauthorized access, use or disclosure by putting into place physical, electronic and managerial procedures to safeguard the information we collect through this Site. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately by emailing us at support@Fifty Tales Media.com if you believe your password has been misused. You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.
WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION? We will use your personal information to send you news and product and service updates, unless you “opt out” of receiving such emails. In addition, you may “opt out” of receiving marketing or promotional email from Fifty Tales Media by following the unsubscribe instructions or using the unsubscribe links within the emails we send.
HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION If you have any questions or comments about this Policy or the practices relating to this Site, or you wish to verify, correct or delete any personal information we have collected, please contact us at support@Fifty Tales Media.com. Please note that in certain circumstances, we may not, or may not be able to, remove or change certain information. For example, we may retain certain information as evidence of assignment or licensing of content. In lieu of email, you may also contact us by mail at the following address:
Fifty Tales Media LLC
12011 Bel-Red Road, Suite 100
Bellevue, WA 98005
Attn: Privacy Policy
Date of Last Revision: December 1, 2104
PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) govern your access to, and use of, the Fifty Tales Media Web site located at www.edharrisauthor.com (the “Site”), owned by Fifty Tales Media LLC (“Fifty Tales Media”). These Site Terms do not alter in any way the terms or conditions of any written agreement you may have with Fifty Tales Media, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf.
Fifty Tales Media reserves the right to change these Site Terms and its Service Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes will constitute your acceptance of such changes. If you don’t agree to the amended terms, you must stop using the Site. You warrant and attest that you are at least fourteen (14) years of age.
All questions or comments about the Site or its contents should be directed to support@Fifty Tales Media.com.
1. Privacy Policy
Please refer to our Privacy Policy for information on how Fifty Tales Media collects, uses and discloses personally identifiable and other information from its Site users.
2. Copyright and Limited License
Unless otherwise indicated, the Site itself, including, without limitation, the Fifty Tales Media logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Fifty Tales Media and its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Fifty Tales Media’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (g) any use of the Site or the Materials other than for their intended purpose; (h) use of any portion of the Site or the Materials as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Fifty Tales Media, in writing. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of Fifty Tales Media, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason by Fifty Tales Media.
3. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Fifty Tales Media, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use a Fifty Tales Media logo or other proprietary graphic to link to this Site without the express written permission of Fifty Tales Media as long as the manner of your use is not objectionable to Fifty Tales Media. In the event that Fifty Tales Media objects to your use of the Fifty Tales Media logo or other proprietary graphic, you agree to cease using them. Further, you may not use, frame or utilize framing techniques to enclose any Fifty Tales Media trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Fifty Tales Media’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Fifty Tales Media or any third party.
4. Advertisements and Promotions
Fifty Tales Media may run advertisements and promotions from third parties on this Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Fifty Tales Media, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Fifty Tales Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers.
5. Third Party Content
Fifty Tales Media or its industry partners may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Fifty Tales Media may post third party content or allow users to post their content or third party content to the Site. Fifty Tales Media does not monitor or have any control over any Third Party Content or third party Web sites. Fifty Tales Media does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Fifty Tales Media does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gatherin practices, of any site to which you navigate from the Site.
6. Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). Fifty Tales Media is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Fifty Tales Media makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Fifty Tales Media assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Fifty Tales Media is not responsible or liable for any Third-Party Services.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Fifty Tales Media respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Fifty Tales Media, LLC
Edward Harris
12011 Bel-Red Road, Suite 100
Bellevue, WA 98005
info@Fifty Tales Media.com
8. Trademarks
“Fifty Tales Media”, the Fifty Tales Media logo and any other product or service name or slogan displayed on the Site are trademarks of Fifty Tales Media and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fifty Tales Media or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Fifty Tales Media” or any other name, trademark or product or service name of Fifty Tales Media without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fifty Tales Media and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Fifty Tales Media names or logos displayed on the Site are the property of their respective owners.
9. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIFTY TALES MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. FIFTY TALES MEDIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FIFTY TALES MEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FIFTY TALES MEDIA IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. WHILE FIFTY TALES MEDIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, FIFTY TALES MEDIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Fifty Tales Media reserves the right to change any and all content contained on the Site and any services offered through the Site at any time without notice.
10. Limitation of Liability
IN NO EVENT SHALL FIFTY TALES MEDIA OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FIFTY TALES MEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FIFTY TALES MEDIA’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF FIFTY TALES MEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FIFTY TALES MEDIA FOR ACCESS TO OR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. Dispute Resolution.
The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles. In the event of any controversy or claim arising out of or relating in any way to this Agreement or the Site, the parties agree hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association in Seattle, WA. The parties give up their right to litigate their disputes and may not proceed to arbitration without first attempting mediation. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Nothing herein shall prevent either party from seeking injunctive relief for any breach of its intellectual property rights by the other party.
12. Applicable Law and Venue
These Site Terms the Service Terms and your use of the Site shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Site or these Site Terms or Service Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
13. Severability
If any of these Site Terms or the Service Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fifty Tales Media under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. You acknowledge that, by acceptance of your submission, Fifty Tales Media does not waive any rights to use similar or related ideas previously known to Fifty Tales Media, or developed by its employees, or obtained from sources other than you.
15. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Force Majeure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
17. Entire Agreement.
This Agreement, together with the Service Terms and Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of this site and any acts or omissions of Fifty Tales Media and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
©2014 Fifty Tales Media LLC. All rights reserved.
This privacy policy (“Policy”) applies to the Web site owned and operated by Fifty Tales Media LLC (“Fifty Tales Media” “we” or “us”) located at www.edharrisauthor.com (the “Site”). The Policy is designed to tell you how we collect and use personal information (as defined below) so you can make an informed decision about using our Site. Please read this statement before using our Site or submitting any personal information to us. By using our Site, you represent that you are 14 years old or older and you consent to the information collection and use practices described herein. We reserve the right to change the provisions of this privacy policy at any time by posting a revised privacy policy on the Site and indicating on the privacy policy the date it was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your acceptance of any such changes. We encourage you to review our privacy policy whenever you visit our Site to determine if any changes have been made and to make sure that you understand how any personal information you provide will be used.
WHAT IS “PERSONAL INFORMATION”? As used herein, the term “personal information” generally means information that specifically identifies an individual (such as user’s name, address, telephone number, e-mail address, credit card or other account number) or that is associated with an identifiable person (such as demographic information or information about a person’s activities when such information is linked to personally identifying information). Personal information does not include “aggregate” information, which is data we collect about the use of the Site or categories of Site users, from which any personal information has been removed. For example, information that forty-seven percent of the Site’s registered users identify themselves as male, is aggregate information. We collect aggregate data for a number of purposes, including to help us understand trends and user needs so that we can better consider new products and services, and tailor existing products and services to user desires. This policy in no way limits or restricts our collection of aggregate information.
WHAT PERSONAL INFORMATION DO WE COLLECT? We do not collect any personal information from mere visitors to the Site. Your email address may be collected when you send us an email as will your name if you provide that with your email.
WHAT OTHER INFORMATION DO WE COLLECT? When you visit our Site, some information is also automatically collected through the use of log files, such as your computer’s Internet Protocol (IP) address, your computer’s operating system, the browser type, the address of a referring web site and your activity on the Site. We use this information for purposes such as analyzing trends, administering the Site, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use. We may also automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on a user’s hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if your browser is set not to accept cookies or if you reject a cookie, you will not be known to the Site when you return to it.
We may also use third parties to provide certain services, such as collecting, tracking and analyzing non-personally identifiable usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior and demographic information. These third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your computer to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. We are not responsible for, and do not control, any actions or policies of any third party service providers.
USAGE AND DISCLOSURE The information covered by this Privacy Policy may be used in one or more of the following ways:
To send periodic emails: The email address you provide may be used to send you information and updates, if any, in addition to occasional company news, updates, related product or service information, etc. You will be given an opportunity to opt out of such marketing emails, but if you contribute content, you will not be able to opt out of emails related to use of your contribution.
To file for trademarks and for compliance purposes
We do not sell, share, or rent any personal information to others in ways different from what is disclosed in this Policy without first obtaining your consent, although we may provide aggregate information or other non-personal information to third parties without your authorization. We may share your contact information with third parties if you have indicated to us that you wish to receive information from such parties. In the event that we engage or partner with third party vendors, consultants or other service providers in connection with the operation of our business (“Service Providers”), we may share personal information with such Service Providers who need access to such information to carry out their work for us. For example, we may use credit card processing or verification service companies to verify credit card information. In addition, we may offer various features through a third party service provider.
We also may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., listing of author information when filing copyright registrations, lawful subpoenas, warrants or court orders); to enforce or apply this privacy policy or our other policies or agreements; to protect our or our customers’ rights, property or safety; to protect our customers from fraudulent, abusive, or unlawful use of our Site; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of personal information. In addition, information about our customers, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of PrepScholar assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Fifty Tales Media.
Please note: The Site may contain links to other sites. Please be aware that although we may participate in or utilize such other sites, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of any Web site that collects personally identifiable information. Similarly, if you entered this Site through another Web site, we are also not responsible for the privacy practices of that site, and you should review the privacy policy of the originating site before providing any personal information to that site. This privacy policy applies solely to information collected by us.
WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE? Fifty Tales Media endeavors to secure your personal information from unauthorized access, use or disclosure by putting into place physical, electronic and managerial procedures to safeguard the information we collect through this Site. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately by emailing us at support@Fifty Tales Media.com if you believe your password has been misused. You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.
WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION? We will use your personal information to send you news and product and service updates, unless you “opt out” of receiving such emails. In addition, you may “opt out” of receiving marketing or promotional email from Fifty Tales Media by following the unsubscribe instructions or using the unsubscribe links within the emails we send.
HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION If you have any questions or comments about this Policy or the practices relating to this Site, or you wish to verify, correct or delete any personal information we have collected, please contact us at support@Fifty Tales Media.com. Please note that in certain circumstances, we may not, or may not be able to, remove or change certain information. For example, we may retain certain information as evidence of assignment or licensing of content. In lieu of email, you may also contact us by mail at the following address:
Fifty Tales Media LLC
12011 Bel-Red Road, Suite 100
Bellevue, WA 98005
Attn: Privacy Policy