Kind World Publishing Website Terms of Use
January 15, 2021
This website is hosted and maintained by Kind World Publishing (“we,” “us,” and “our”) for the purpose of providing information about our books and other products and activities.
THESE TERMS OF USE CONSTITUTE AN AGREEMENT FOR YOUR USE OF THIS WEBSITE. BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES TO THESE TERMS OF USE WILL BECOME EFFECTIVE UPON POSTING. YOUR USE OF THE SITE FOLLOWING THE POSTING OF ANY REVISED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THOSE TERMS. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE WHENEVER YOU USE THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE, AND WE ASK THAT YOU REFRAIN FROM USING THE SITE.
Product Information
We will make an effort to ensure that the information which we post on the site is accurate. However, information on the site may contain typographical errors, inaccuracies, or omissions. Books or other products displayed on the site may differ from what is available in the marketplace, and prices in the marketplace may differ from the list prices shown on the site. We are not responsible for any errors, inaccuracies or omissions in any information posted on the site. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information on the site at any time.
Site Contents and Use
Unless otherwise noted, the website, all trademarks appearing on the website, and all features and materials on the website, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, are owned, controlled or licensed by us.
The website and its contents are intended solely for your personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content of the website.
You may not use this website or any contents of this website for any commercial purpose, including but not limited to the use of the site or any contents of the site to market or sell goods or services to any person. You agree not to launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access the site, provided that the operators of public search engines may use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information from the site, or use any information appearing on the site to solicit, for commercial purposes, any person who has posted comments to the site.
User Comments, Feedback, and Other Submissions
We welcome your comments in the places provided on the site. You agree that any comments that you post to the site will be accurate, will not violate any right of any third party, including any copyright, trademark, privacy or other personal or proprietary right, and will not contain defamatory or otherwise unlawful, abusive, obscene or objectionable material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments you may post. You are solely responsible for any comments you post and for the accuracy of those comments. We assume no responsibility or liability for any comments posted by you or by any third party. We will fully cooperate with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting any infringing, defamatory, threatening, unlawful, abusive, obscene or objectionable materials.
By posting comments on the site, you grant us a perpetual, non-exclusive, worldwide, royalty-free, unrestricted, transferable license to reproduce, display, distribute, adapt, transmit, store, edit and otherwise use any or all of your comments, as we may deem appropriate or suitable, and you waive and release any and all claims against us for any use of that content. You also agree that we may, at our discretion, display advertising for our products on the same page or screen display as any of such content. You represent and warrant that you will be the author of all content posted or submitted by you, or that you will have all necessary licenses and permissions for the posting and other use of that content.
We are not obligated to allow the posting of any material on the site, and we have the right but not the obligation to monitor and edit or remove any of your comments at any time.
Personal Information Submitted Through the Site
You may choose to submit personal information through the site, for purposes of receiving notices from us about our books and other products and activities. The receipt, collection and use of any personal information submitted by you is governed by our Privacy Policy [add link], which is incorporated by reference into these Terms of Use.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and appears on the website without your authorization in a way that constitutes copyright infringement, please provide the information listed below to our Digital Millennium Copyright Act (“DMCA”) designated agent, using this link.
- A description of the copyrighted work that you claim has been infringed.
- The location of the material on the website.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, whether that is you or another person.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In addition to the above link, our DCMA Agent for notice of claims of copyright infringement on the site can be reached as follows:
Kind World Publishing and Consulting, LLC
Attn: Patricia Stockland
PO BOX 22356
Eagan, MN 55122
952.457.7749
info@kindworldpublishing.com
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed on the site. All other inquiries or comments relating to our products, any order for products, or otherwise is to be sent to us using the Contact Information and the Contact link posted on the site.
Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site, any content or feature of the site, or any books or other products or activities listed on the site, without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, any content or feature of the site, or any books or other products or activities listed on the site.
Links to Other Websites
The website may contain links to other websites that are not under our control. We are not responsible for the content of or information posted on any linked website or for any goods or services offered or sold through a linked site. A link to any other site does not constitute an endorsement by us of the linked website, the host of that site, the content or any information on that site, or any goods or services offered or sold through that site. If you use a link, you will leave our website, and your activities on the linked site will be governed by the terms of use and privacy practices for that site. Links are provided solely for your convenience and information.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the site (including the posting of any comments on the site) and/or your breach of any representation, warranty, or other provision of these Terms of Use.
Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR RISK. WE DO NOT WARRANT THAT THE CONTENT AND INFORMATION ON THE SITE WILL BE ACCURATE OR COMPLETE, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT CONTENT OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE OR WILL BE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT ANY ERRORS OR DEFECTS WILL BE FIXED.
WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE.
Complete Agreement; Severability; Waiver
These Terms of Use constitute the entire agreement concerning your use of the site. If any provision of the Terms of Use is deemed to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable to the extent that it is unlawful, void, or unenforceable but it shall not affect the validity or enforceability of the remaining provisions.
No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Governing Law
This website is based solely in Minnesota, and these Terms of Use and the enforcement of these Terms of Use shall be governed by the laws of the State of Minnesota, without regard to its choice of law principles. You waive any claims that may arise under the laws of any nation other than the United States or any state other than Minnesota. Venue and jurisdiction for all disputes or claims arising under or out of these Terms of Use or your use of the site shall be exclusively in the federal and state courts serving Minneapolis, Minnesota, and you irrevocably agree to submit to the personal jurisdiction of those courts and waive any claims of lack of jurisdiction or inconvenient forum.
If you are accessing this site from another country, you are responsible for compliance with any and all applicable local laws.
Limitation on Actions
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND WILL THEREAFTER BE PERMANENTLY BARRED.
General Contact Information
If you have any questions about these TERMS of USE, the site, or your use of the site, you may contact us at:
E-mail:
Phone:
952.457.7749
US Mail:
Kind World Publishing and Consulting, LLC
PO BOX 22356
Eagan, MN 55122
Manuscript Submissions
If there is an active manuscript submission link on the site, you may choose to submit unsolicited queries or manuscripts to us through that link. However, we reserve the right to reject any query or submission, without acknowledging receipt or otherwise responding, and we will not return any unsolicited queries or manuscripts.