Wild Brilliance Press Subscription End User Agreement

1.          Introduction

1.1       Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Wild Brilliance Press website (“this website”, “website”) and subscription service (the "Service") operated by Wild Brilliance Press (“WBP” "us", "we", or "our").These terms and conditions shall govern your use of our website. Use of the Website constitutes acceptance of this Agreement. These Terms apply to all visitors, users and others who access or use the Service.

1.2      By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, please do not use our website.

1.3      If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4      You must be at least eighteen [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least eighteen [18] years of age.

1.5      Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2.         Website Content Ownership and Intellectual Property Rights

2.1      You expressly acknowledge and agree that this website contains computer code, information, text, software, photos, video, graphics, sounds and other material (“Content” "Materials" “Proprietary Content”) that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights ("Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media, and technologies existing now or developed later, and that all right, title and interest in and to this Proprietary Content, including but not limited to all Intellectual Property Rights, belong solely and exclusively to WBP or its licensors.

3.         Copyright notice

3.1      Copyright (c) March 2016 Wild Brilliance Press, Inc.

3.2      Subject to the express provisions of these terms and conditions:

(a)     we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)     all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.         Licence to use website

4.1      You may:

(a)     view pages from our website in a web browser;

(b)     stream audio and video files from our website; and

(c)      use our website Services by means of a web browser,

          subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website, take screen shots of our copyrighted material, share any of our copyrighted material in any way or on any platform including social media platforms, or save any such material to your computer.

4.3     You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our website (including republication on another website);

(b)     sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)     exploit material from our website for a commercial purpose; or

(e)     redistribute material from our website.

4.6     Notwithstanding Section 4.5, you may redistribute our URL in print and electronic form to any person.

4.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.8     The license granted herein is nonexclusive, personal to you, and nontransferable. The license is determined by the type of subscription being created through a registration process, including a user name and password, which is linked to an online purchase. The type of license and the access authority to which it applies determined by the subscription package purchased. Although WBP periodically reviews content for accuracy, WBP is not responsible for any errors or omissions and cannot guarantee board exam results. WBP is not responsible for any of its subscribers that fail their board examinations. The content and information on this website is not intended to diagnose or treat disease. This website is for education purposes only.  Any information, comments, submissions, uploads in any format posted on this website becomes the property of WBP.

5.         Use and Restrictions on Use

5.1      You must not:

(a)     use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)     use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through this website or any other WBP online content without our express written consent;

(e)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or

(f)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3      You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.         Registration and accounts

6.1      To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

6.2     You may register for an account with our website by completing and submitting the account registration form on our website.

6.3     You must not allow any other person to use your account to access the website.

6.4     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5     You must not use any other person's account to access the website.

7.         User login details

7.1      If you register for an account with our website, you will be asked to choose a user ID and password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3      You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.         Cancellation and suspension of account

8.1      We may, in our sole and absolute discretion, and with or without notice, suspend your access to all or any part of this website or this Service, or terminate this Agreement and thus your rights to use this website, for any conduct or use (whether by you or anyone else having access under your login name(s) and password(s)) that WBP believes is a violation of this Agreement or for any other conduct or use that WBP believes is harmful to other Subscribers, WBP’s content providers, or to this website or the interests of WBP.

8.2     You may cancel your account by contacting our customer service staff. Any refund that is due will be processed at that time.

8.3     If for any reason within the first 2 days of purchasing a subscription you are dissatisfied with the Service, you can request a full refund, whereupon your Subscription and this license will terminate.

8.4     Your Subscription commences the day you submit the registration form and purchase as subscription and runs for the specific term you purchased whether or not the Service is used. Your obligations under this Agreement will exist until said term expires or the Subscription is terminated by you or WBP.

9.         Disclosure of Demographic and Personally Identifiable Information

9.1      By using this website, you are agreeing that WBP may collect, use, and analyze demographic data about Subscribers in aggregated form (so that no Subscriber is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by us. We agree to not sell or license your personally identifiable information.

9.2     Some activities within this website may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to the educational value of these activities. Anywhere the requested data is personal in nature, a user’s specific responses remain confidential and are not associated with name or e-mail address in any way. In some activities where the data is not personal in nature, a user’s specific responses may be identified by e-mail address and accessed separate from the aggregate. By participating in an activity that uses a database, you are giving us consent to include your data in the study.

9.3     WBP will not disclose personally identifiable information associated with your use of this website (e.g., name, address, access code) to any third parties not affiliated with WBP except (a) for the limited purpose of investigating a good faith claim that a particular user has violated the terms and conditions of this Agreement; or (b) where disclosure is requested by the educational institution in which the user is enrolled for educational or administrative purposes, such as evaluating student or instructor participation in this website activities.

10.       Other Responsibilities Concerning Subscriptions and Use of Services

10.1     By subscribing to this website under this Agreement, you certify to us that:

(a) the information you have provided to WBP in order to register as a Subscriber is complete, accurate and current;

(b) you will notify WBP within 5 days of any change in your Subscriber information; and

(c) you will not share your Login Name(s) and Password(s) except as expressly authorized under the terms of your license.

 10.2   You are responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which WBP gives you notice. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Website and for any charges incurred for your own access to this website through an Internet access provider or other third party website.

10.3    If you resided in the European Union, Canada or other jurisdiction with similar data transfer regulations, you acknowledge that by registering you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, Canada or your resident jurisdiction, including the United States. If you fail to provide your consent, you will not be permitted to access the Services for which registration is required. Your personal information shall only be used in accordance with the terms of this Agreement and the Privacy Policy associated with this Website.

10.4    Equipment: you are solely responsible for obtaining and maintaining all telephones, mobile devices, computer hardware, and other equipment needed for access to and use of this website and for any/all charges related thereto.

11.        Limited warranties

11.1     We do not warrant or represent:

(a)     the completeness or accuracy of the information published on our website;

(b)     that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

11.2     This website and all information, software, content, and materials accessible through this website are provided on an "as-is," "as-available" basis. There are no warranties, express or implied, by operation of law or otherwise, regarding or relating to products or websites furnished to subscribers under this agreement or in connection with the website. WBP expressly disclaims all warranties, express and implied, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

11.3     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.4     You expressly agree that your use of this website is at your sole risk. WBP does not warrant that this website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of this website, or as to the accuracy, reliability, completeness, or content of any information, third party website, software or merchandise that may be provided through this website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a WBP employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by WBP for any purpose or give rise to any liability of WBP whatsoever, and you agree that you will not rely on any such statement, information or advice.

11.5     To the maximum extent permitted by applicable law and subject to Section 12, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.6     Where WBP is a distributor, rather than a publisher, of materials or Services accessible through this website, WBP exercises no more editorial control over such materials or Services than does a typical public library, bookstore or news stand. The views and opinions expressed in such information do not necessarily reflect those of WBP or its content providers or licensors. Neither WBP nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

12.       Limitations and exclusions of liability

12.1     Nothing in these terms and conditions will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)     are subject to Section 12.1; and

(b)     govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.9    WBP’s entire liability to you, and your sole and exclusive remedy, regarding the use of this website shall be the replacement of a Login Name(s) or Password(s) if a currently valid Login Name(s) or Password(s) fails to allow access to this website.

12.10   Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) subscription cost or other charges for the use of this website, (c) access to, use of, or performance of this website, or (d) any website content, is to terminate your subscription as provided for in Section 8.

12.11    If, notwithstanding the foregoing, WBP were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of WBP and any third parties associated with WBP exceed, either jointly or severally, the aggregate dollar amount paid by you to WBP in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of WBP’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and anyone else involved in creating, producing or distributing this website, and each shall have the right to assert and enforce these provisions directly on their own behalf.

13.        Breaches of these terms and conditions

13.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)     send you one or more formal warnings;

(b)     temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)     block computers using your IP address from accessing our website;

(e)     contact any or all of your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)     suspend or delete your account on our website.

13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13.3     You acknowledge that WBP will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of this website, website content, and/or Services and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that WBP shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of this website, website content, and/or Services.

14.       Variation

14.1     We may revise these terms and conditions from time to time.

14.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3    If you have given your express agreement to these terms and conditions, we will put forth a good faith effort to obtain for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15.        Assignment

15.1     You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.       Severability

16.1     If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.       Third party rights

17.1     A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.       Entire agreement

18.1     Subject to Section 12.1, these terms and conditions, together with our privacy and returns policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.       Law and jurisdiction

19.1     These terms and conditions shall be governed by and construed in accordance with United States law. Regardless of the place of its physical execution, this Agreement shall in all respects be interpreted, construed and governed by the laws of the State of Washington.

19.2    The parties hereto shall make a reasonable attempt to settle any dispute, controversy, or difference, (collectively, the “Dispute”), which may arise concerning this Agreement or the breach thereof, by friendly discussions. The parties agree that if any Dispute arises out of this Agreement, they will attempt to resolve such Dispute by mediation in Seattle, Washington, and that they will participate in the mediation in good faith until such time as the mediator declares an impasse. In the event that the Dispute cannot be resolved by mediation, then the parties agree that the Dispute shall be determined and settled by arbitration in Seattle, Washington, in accordance with the rules of the American Arbitration Association. Any award rendered therein shall be final and binding, and judgment may be entered thereon in any court having jurisdiction thereof.

20.       Credit

2.1      This document was created with assistance from a template from SEQ Legal (http://www.seqlegal.com).