Last updated: February 5th, 2013
Welcome to Feb Publisher. Feb Publisher, LLC provides website features and other products and services to you when you visit or shop at febpublisher.com. Feb Publisher provides the Feb Publisher Services subject to the following conditions.
By using our services, you agree to these conditions. Please read them carefully.
We offer a wide range of Feb Publisher Services, and sometimes additional terms may apply. When you use an Feb Publisher Service (for example, Your Profile, Gift Cards, Coupons) you also will be subject to the guidelines, terms and agreements applicable to that Feb Publisher Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Feb Publisher Services, to understand our practices.
When you use any Feb Publisher Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Feb Publisher Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Feb Publisher Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Feb Publisher or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Feb Publisher Service is the exclusive property of Feb Publisher and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Feb Publisher Service are trademarks or trade dress of Feb Publisher in the U.S. and other countries. Feb Publisher’s trademarks and trade dress may not be used in connection with any product or service that is not Feb Publisher’s, in any manner that is likely to cause confusion among customers, or in any manner that ridicules or discredits Feb Publisher. All other trademarks not owned by Feb Publisher that appear in any Feb Publisher Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Feb Publisher.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Feb Publisher or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Feb Publisher Services. This license does not include any resale or commercial use of any Feb Publisher Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Feb Publisher Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Feb Publisher or its licensors, suppliers, publishers, rights holders, or other content providers. No Feb Publisher Service, nor any part of any Feb Publisher Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Feb Publisher. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Feb Publisher without express written consent. You may not use any meta tags or any other “hidden text” utilizing Feb Publisher’s name or trademarks without the express written consent of Feb Publisher. You may not misuse the Feb Publisher Services. You may use the Feb Publisher Services only as permitted by law. The licenses granted by Feb Publisher terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Feb Publisher Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Feb Publisher does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Feb Publisher Services only with involvement of a parent or legal guardian. Feb Publisher reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Feb Publisher reserves the right to pre-approve, remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Feb Publisher a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Feb Publisher the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Feb Publisher for all claims resulting from content you supply. Feb Publisher has the right to monitor and edit or remove any activity or content.
RISK OF LOSS
All titles purchased from Feb Publisher are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS AND REFUNDS
At our discretion, a refund may be issued without requiring a return for damaged and/or lost titles. We may also opt to thoroughly review damaged items, before we resort to replacing item and/or refunding the order. Refunds will only be based on damaged material and may be subject to further examination for approval.
Feb Publisher attempts to be as accurate as possible. However, Feb Publisher does not warrant that product descriptions or other content of any Feb Publisher Service is accurate, complete, reliable, current, or error-free. If a product offered by Feb Publisher itself is not as described, your sole remedy is to return it in unused condition, and will be subject to the rules and regulation found under our RETURNS and REFUNDS section.
Except where noted otherwise, the List Price or Suggested Price displayed for our products represents either the full retail price listed on the product itself, or maybe estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Feb Publisher holds the right to change prices without notice and/or run special, based on events, different conditions and so on. We generally do not charge your credit card until after your order has entered the shipping process.
EBook pricing is subject to change by both Amazon Kindle and Apple iTunes (iBooks) without notification.
Parties other than Feb Publisher operate online stores, provide services, or sell our products on their own site; we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Feb Publisher does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FEB PUBLISHER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FEB PUBLISHER SERVICES ARE PROVIDED BY FEB PUBLISHER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FEB PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FEB PUBLISHER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FEB PUBLISHER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FEB PUBLISHER SERVICES IS AT YOUR SOLE RISK.
Any dispute or claim relating in any way to your use of any Feb Publisher Service, or to any products or services sold or distributed by Feb Publisher or through febpublisher.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Feb Publisher Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Feb Publisher.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Feb Publisher Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Feb Publisher, LLC.
8425 Biscayne Blvd, Suite 104
Miami, FL 33138
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ADDITIONAL FEB PUBLISHER SOFTWARE TERMS
Use of the Feb Publisher Software/Website. You may use Feb Publisher Software solely for purposes of enabling you to use and enjoy the Feb Publisher Services as provided by Feb Publisher, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Feb Publisher Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Feb Publisher Software or otherwise assign any rights to the Feb Publisher Software in whole or in part. You may not use the Feb Publisher Software for any illegal purpose. We may cease providing any Feb Publisher and we may terminate your right to use any Feb Publisher Software at any time. Your rights to use the Feb Publisher Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Feb Publisher Software that are specifically identified in related documentation may apply to that Feb Publisher Software (or software incorporated with the Feb Publisher Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Feb Publisher Service is the property of Feb Publisher or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Feb Publisher Software, whether in whole or in part, or create any derivative works from or of the Feb Publisher Software.
Updates. In order to keep the Feb Publisher Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.