The Terms of Use governs this Website www.SamTimeBook.com. All visitors to this Website agree to conform to and be legally bound by the policies and conditions of the Terms of Use. Any visitor who disagrees with the Terms of Use is prohibited from using this Website.
Website Operator
Desert Day Press, LLC is a limited liability company (the Company) formed under the laws of the state of Nevada, USA. The business operations of the company include the production, distribution and marketing of print, digital and audio books. The Company operates this Website, owns all of its content and claims all property rights, including intellectual property rights. Any infringement on these rights is a legally actionable offense.
Minors
Minors, persons who have not reached the age of majority, (age 18 in the USA) are prohibited from using this Website. By definition a minor cannot be a visitor.
Contact Form
Visitor content, posted for public viewing, is expressly prohibited on this Website. Visitors may, however, complete the Contact Form, providing full name, address and a message to the Company. Information provided in the Contact Form shall not be unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable.
Limited License
This Website includes a Media Kit (a Press Kit) for the marketing and promotion of Sam Time, a book and its author. Such Kit is available to all visitors abiding by the Terms and Use. The Company grants visitors a limited license to access this Website and use of the contents subject to these Terms of Use. The Company neither warrants or represents that a visitor’s use of any content will not violate any law or infringe upon the rights of any third party. All rights not granted to visitors herein are expressly reserved and owned by the Company.
Offensive Content
Visitors understand by using this Website, they may encounter content that may be deemed to be offensive, indecent or objectionable and may or may not be identified as such. Visitors agree to use this Website at their own risk; the Company, its principal, agents or and the authors of whom the Company represents shall have no liability to any visitor for any content that may be deemed offensive, indecent or objectionable.
Visitor Privacy
Please refer to the Company’s Privacy Policy relating to the collection and use of visitor data and information. Visitors who do not agree to each and every part of the Company’s Privacy Policy should not use or submit any personally identifiable information though this Website.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If copyrighted work has been copied without authorization and is available on this Website in a way that may constitute copyright infringement, a visitor may provide notice of claim to our designated agent listed below (“Designated Agent”). For a notice to be effective, it must include the following information:
(1) A physical or electronic signature of the owner of the exclusive right that is allegedly infringed or the person authorized to act on behalf of the owner;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement on the Website can be reached by completing the Contact Form or by email message to SamTimeBook@gmail.com.
Disclaimer
The content on this Website is provided on an ”as is,” ”as available” basis. Visitors assume the risk in the use of this Website. The Company disclaims all warranties, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that this Website will always be available, access will be uninterrupted, be free of error and defects. Website content should not necessarily be relied upon and should not to be construed to be professional advice. The Company does not guarantee the accuracy or completeness of any of the content provided, and is not responsible for any loss resulting from a visitor’s reliance on such content.
Limited Liability
Under no circumstances will the Company, its principal, agent or the authors of whom the Company represents be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to this Website, a visitor’s use of the Website, or the content, even if advised of the possibility of such damages. A visitor’s sole and exclusive remedy relating to the use of the site shall to be to discontinue using the site.
In states or other jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, some or all of the above limitations and exclusions may not apply to some visitors. In such states and other jurisdictions, the Company, its principal, agent or the authors of whom the Company represents liability is limited or excluded to the greatest extent permitted by law.
Circumvention
Visitors acknowledge and agree that they shall not circumvent or attempt to circumvent any of these Terms of Use or the Website content or otherwise interrupt or attempt to interrupt the operation of this Website (a “Circumvention Act”). If the Company determines, in its sole discretion, that a visitor has engaged, or attempted to engage, in any Circumvention Act or other fraudulent act with regard to this Website, then, in such an event, the Company reserves the right to institute civil or criminal proceedings against any visitor and to report such visitor to the relevant regulatory authorities.
Termination
These Terms of Use are effective until terminated by the Company. A visitor’s access to this Website may be terminated immediately without notice from the Company if determined, in the Company’s sole discretion, that a visitor has failed to comply with any term or provision of these Terms of Use.
Revisions to the Website
The Company reserves the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue this Website or any services offered through this Website without notice to any visitor; (ii) limit the Website’s availability to any visitor based on geographic areas or jurisdictions; or (iii) offer opportunities to some or all of the visitors of this Website. Visitors acknowledge and agree that neither the Company, its principal, agents or the authors of whom the Company represents shall be liable to any visitor or to any third party for any modification, suspension or discontinuance of all or any portion of this Website, content or any services offered through this Website.
External Links Policy
This Website contains hypertext links to Websites and other information created and maintained by other individuals and organizations. These links are provided for visitor convenience. The Company does not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked Websites. Visitors should know that these Websites may track visitor viewing habits.
Indemnification
Visitors agree to indemnify, defend and hold the Company, its principal, agents or the authors of whom the Company represents (collectively, the “Indemnified Parties”) from and against any and all costs, expenses, fees, including, without limitation attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the Indemnified Parties with respect to, arising from or out of any claim relating to a visitor’s: (i) use of the Website or its content; (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.
Plural or Singular
The plural of any term, including any defined term, shall include the singular, and the singular of any term shall include the plural. The use of “visitors” shall include the singular; “visitor” shall also include “visitors”.
Governing Law, Venue and Jurisdiction
These Terms of Use shall be governed by and enforced in accordance with the law of the state of Nevada without giving effect to any choice of law or conflicts of law rules of any jurisdiction. Venue and jurisdiction for any claim with respect to or arising out of these Terms of Use shall lie in the state or federal courts sitting in Clark County, Nevada, to which any visitor hereby unconditionally consents. Visitors agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to: (i) use of the Website; (ii) these Terms of Use and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.
Other Provisions
These Terms of Use constitute the entire agreement between the Company and all visitors. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the Company and any visitor with reference to the subject matter of these Terms of Use will be of any force or effect. Section headings are used for convenience only and shall have no interpretive effect. If any one or more of the provisions of these Terms of Use should be ruled wholly or partly invalid or unenforceable by a court or tribunal with dispute or interpretive jurisdiction over the Terms of Use, then such provision shall be reformed by such court or tribunal in such a manner to make the provision enforceable and the validity and enforceability of all other provisions of the Terms of Use shall be unaffected. The Company’s waiver of performance of any provision of these Terms of Use shall not be a waiver of, nor prejudice to our right to require, strict performance of the same or any other provision in the future. The rights and remedies of the Company and any visitor pursuant to these Terms of Use shall be cumulative and not alternative and no delay by either Company and any visitor in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy or any other right or remedy or the further exercise thereof.
The effective date of this Terms and Use is March 16, 2023.