The following Terms and Conditions govern the relationship between YOU and Attila’s Creative Works, LLC dba BRANDEDGIVEAWAY.COM (hereinafter “ACW”). By completing YOUR purchase YOU acknowledge and agree that you have read and agree to be bound these Terms and Conditions. ACW reserves the right to make changes to the website and these disclaimers, terms, and conditions at any time.
1. Use of Public Domain Material. YOU acknowledge the e-book product (“Product”) YOU are acquiring from ACW is based upon source material available in the Public Domain and not subject to any copyrights or other publishing restrictions. Because there may be discrepancies between the source materials available in the Public Domain, there may be discrepancies between the product YOU acquire and other published versions. ACW makes no representations regarding the accuracy of the content of the product provided. YOU agree not to use the Product for any purpose other than for what it was intended.
2. Intellectual Property Rights. YOU represent and warrant to ACW, and ACW is relying upon YOUR representations, that YOU own all rights and are authorized to use any logos, images, trademarks or other intellectual or proprietary property provided by YOU to ACW to be incorporated into the Product. YOU are solely responsible for any claim of misuse of any third-party’s images, likenesses, trademarks or intellectual property.
3. Limitation of Liability. ACW WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PRODUCT BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS AND CONDITIONS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO ACW FOR EACH PRODUCT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $75.
4. Indemnification. YOU agree to defend, indemnify and hold ACW and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties brought by any third-party alleging any act or omission, including without limitation monetary damages resulting from YOUR use of any Product provided to you by ACW under these Terms and Conditions. YOU have the obligation to defend ACW, at YOUR expense, against any and all Claims. YOU, however, may not settle or otherwise resolve any Claim without ACW’s express written permission.
5. Disclaimer of representations and warranties.
All products, services, and information made available on or through this website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Subject to the foregoing, ACW disclaims all implied warranties including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties other than those explicitly made in these Terms and Conditions.
6. Severability. The provisions of these Terms and Conditions are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provision to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
7. Construction. In the event of any claim arising from a breach of these Terms and Conditions or any dispute concerning its meaning, its language shall not be construed against or in favor of any party solely because either party may have drafted a particular provision, but rather, the language shall be construed according to its plain and fair meaning.
8. Notices of Claims. YOU must provide written notice of any claim arising YOU have against ACW arising out of the use of the Product or these Terms and Conditions. Written notice must be provided to the following address:
Attila’s Creative Works LLC
4441 E. Desert Wind Drive
Phoenix, AZ 85044
You agree that no claims or actions arising out of the use of this website or THESE TERMS AND CONDITIONS may be brought more than one year after the cause of action relating to such claim or action arose.
9. Arizona Law Applies. These Terms and Conditions shall be construed in accordance with, the laws of the state of Arizona. Any action related to the Product or these Terms and Conditions must be filed in a court of competent jurisdiction located in Maricopa County, Arizona.
10. Attorneys’ Fees and Costs. In the event of litigation between YOU and ACW related to the Product or these Terms and Conditions, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in that litigation or arbitration.
ACW reserves the right to revise the terms set forth above at any time. All revisions are effective when posted on this Terms and Conditions page. By surfing, using, browsing, or purchasing on our website, you are deemed notified of and bound by any changes to our Terms and Conditions. We encourage users to regularly refer to this page to remain informed of any changes in our policies. Should you have any questions regarding our Terms and Conditions, please email us at email@example.com or call us at (480) 389-5932.
11. For USA Customers and Distribution Only. YOU acknowledge that you are a United States of America (US) Customer and that you are distributing your eBook strictly within the US. YOU acknowledge that the e-book product (“Product”) YOU are acquiring from ACW is based upon source material available in the Public Domain and not subject to any copyrights or other publishing restrictions with the USA. Other countries may have other copyright or publishing restrictions to certain works of art. All BrandedGiveaway.com eBooks are intended for US Customers only.
BrandedGiveaway.com eBooks are Sold only to US Customers