Please read these terms of service ("terms", "terms of service") carefully before using Author Friends With Benefits website (the "service") operated by Author Friends With Benefits Ltd ("us", 'we", "our") or purchasing any of our products or services (the “service”).
By i) using the Author Friends With Benefits website, ii) purchasing any products or services from Author Friends With Benefits through the website, Facebook or any other means, or iii) utilising any of the products or services from Author Friends With Benefits through the website, you are deemed to have agreed to these Terms of Service. We reserve the right to modify them at any time. You should check the Terms of Service periodically for changes. By using our website after we post any changes to the Terms of Service, you agree to accept those changes, whether or not you have reviewed them. With regards to products and services purchased or utilised from Author Friends With Benefits Ltd, the version of this Terms of Service that were posted at the time of purchase or utilisation apply. If at any time you choose not to accept these Terms of Service, do not use this site.
1] Conditions of Use
(a) Scope of Terms of Service
The Terms of Service apply to your use of all of the website at www.authorfriendswithbenefits.com as well as any of its sub-domains and related domains (collectively the “site”), as well as to products and services purchased or utilised from the Site, Facebook Page or Email. Unless stated otherwise, all reference to the Site in the Terms of Service include our Facebook Page and Google Forms. The Terms of Service do not apply to your use of unaffiliated sites to which the Site only links, such as Author Facebook Pages and the Amazon store.
Every time you visit the Site, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
(b) Restrictions of Use
The contents of the Site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the site. You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
- Harass, stalk or otherwise abuse another user;
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third part;
- Upload or transmit viruses, trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/ IP packet header or any part of the header information in any transmission the Site for any reason;
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or other for sale of any product or service except in areas specifically designed for such purposes; or
- Violate any applicable local, national or international law, rule or regulation.
The Terms of Service apply only to this Site, and not to the sites of any other companies or organisations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may like to this Site only through plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to email@example.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion at any time.
The services, products and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the Server that makes them available are free of viruses or other harmful components.
Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explicit warranty is given by us to the exclusion of any other remedy to, in our discretion, either a) replace the service, products and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of purchase or b) refund of the monies paid for the particular services, products and materials.
We do not endorse, warrant or guarantee or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
(d) Limited Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the material on the Site, or any products or services provided pursuant to the Site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site.
(e) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, business or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. And, you should consult a licensed financial adviser for all matters pertaining to your personal or business finances. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilised or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
(f) Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and all purchasers of Author Friends With Benefits' products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of Author Friends With Benefits, you represent that you are at least 18 years of age.
All content published on this Site, such as digital downloads, images, texts, graphics, logos, button icons, audio clips, data compilations, and software, is the property of Author Friends With Benefits Ltd or its content creators and protected by international copyright laws. The entire compilation of the content found on this Site is the exclusive property of Author Friends With Benefits Ltd.
The Author Friends With Benefits’ name and other Author Friends With Benefits logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Author Friends With Benefits. Author Friends With Benefits’ trademarks and trade dress may not be used in connection with any product or service that is not Author Friends With Benefits, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Author Friends With Benefits brand. All other trademarks not owned by Author Friends With Benefits Ltd that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Author Friends With Benefits or its affiliates.
(j) Contacting Us
You can reach our customer support by emailing us at firstname.lastname@example.org. For cancellation of a subscription or membership program, submit a cancellation request at email@example.com. Privacy matters can be addressed to us by emailing us also at firstname.lastname@example.org.
The entire communication with us is electronic. Every time you send us an email or visit our Site, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Site, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Site and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
2] User Public Forum Submission/ Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Author Friends With Benefits Ltd has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
(b) Your Participation/ Contribution Requires Consideration
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Author Friends With Benefits Ltd specifically notes otherwise (for example, in the rules for a particular forum).
(c) Confidential Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Author Friends With Benefits that requires you to maintain the confidentiality of certain material or information of Author Friends With Benefits. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Author Friends With Benefits has required you to preserve as confidential.
(d) Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Author Friends With Benefits or other information you are required to preserve as confidential by Author Friends With Benefits, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Author Friends With Benefits, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Author Friends With Benefits may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
(e) No Obligation to Monitor
Author Friends With Benefits does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Author Friends With Benefits reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Author Friends With Benefits’ sole discretion.
(f) No Obligation to Remove
Author Friends With Benefits is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Author Friends With Benefits shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Author Friends With Benefits with differing terms or Author Friends With Benefits has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
(g) No Endorsement
Author Friends With Benefits does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
(h) Author Friends With Benefits Right To Act
If Author Friends With Benefits discovers communications which allegedly do not conform to any terms and conditions of this Site, Author Friends With Benefits may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Author Friends With Benefits will have no liability or responsibility for performance or non-performance of such activities. Author Friends With Benefits reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which Author Friends With Benefits has absolutely no control.
3] Special Notes With Regard To Product And Services Purchases
(a) Shipping Methods
Products shipped by Author Friends With Benefits Ltd may be shipped by any method in the discretion of Author Friends With Benefits Ltd. A shipping charge may be imposed. All orders require at least 24-72 hours processing time before shipping. Author Friends With Benefits does not process orders during weekends. No deliveries will be made on Saturday or Sunday. Author Friends With Benefits does not guarantee same day shipping. Exact delivery times to any location cannot be guaranteed.
(d) Product Listings
Author Friends With Benefits strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, Author Friends With Benefits shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Author Friends With Benefits are provided as resources to customers looking for additional information and/or professional opinion. Author Friends With Benefits does not assume responsibility for the claims and/or representations made on these or any other websites.
(e) Product Revision
Author Friends With Benefits is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases Author Friends With Benefits acts as a distributor for others. In the interest of our customers, Author Friends With Beneits puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, Author Friends With Benefits relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Author Friends With Benefits will not be held responsible for product revision changes.
4] Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from Author Friends With Benefits, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and Author Friends With Benefits agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the Author Friends With Benefits. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from Author Friends With Benefits.
(a) Product Issues
If you have problems or concerns regarding the Company or your purchases, you may contact us by emailing us at support (at) email@example.com.
(b) Warranties; all products and services are sold “as is” or “with all faults”
AUTHOR FRIENDS WITH BENEFITS MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. AUTHOR FRIENDS WITH BENEFITS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY AUTHOR FRIENDS WITH BENEFITS ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
(c) Limitation of Liability
IN ALL CIRCUMSTANCES AUTHOR FRIENDS WITH BENEFITS’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. AUTHOR FRIENDS WITH BENEFITS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. AUTHOR FRIENDS WITH BENEFITS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT AUTHOR FRIENDS WITH BENEFITS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
(d) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE
Customer acknowledges that the products and services sold by Author Friends With Benefits are the confidential and proprietary information and property of Author Friends With Benefits. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the AUTHOR FRIENDS WITH BENFITS by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of AUTHOR FRIENDS WITH BENFITS, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of AUTHOR FRIENDS WITH BENFITS, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from AUTHOR FRIENDS WITH BENFITS. Anyone viewing or otherwise utilizing the products of AUTHOR FRIENDS WITH BENFITS by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that AUTHOR FRIENDS WITH BENFITS discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by AUTHOR FRIENDS WITH BENFITS remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from AUTHOR FRIENDS WITH BENFITS.
(e) Authorisation of Purchase
By placing an order with Author Friends With Benefits for either physical goods or services, you are agreeing to pay the amounts set forth therein, that Author Friends With Benefits will send you an Invoice via Pay Pal, and that you agree to the terms set for on that web page in addition to the Terms of Service here agreed.
(f) General Terms and Conditions
1. Payment Terms, Orders
An order is not binding upon AUTHOR FRIENDS WITH BENFITS until it is accepted. AUTHOR FRIENDS WITH BENFITS must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. For Service Orders greater than $100, AFWB will accept payment by instalments; first instalment (minimum of 50% of the billed total) being before the order is accepted and the second instalment upon completion of the Service. Customer can make payment by PayPal, or some other method prearranged with AUTHOR FRIENDS WITH BENFITS. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 10% per annum as well as a late fee of $20. In the event of failure to pay, we reserve the right to terminate our provision of future services.
2. Shipping Charges
When purchasing physical goods, your total cost will include shipping and handling charges shown on the Author Friends With Benefits invoice.
3. Title, Risk of Loss
Author Friends With Benefits will arrange for shipments of ordered physical good(s) to you, the Customer, the risk of loss passes to you upon delivery to the carrier. Author Friends With Benefits will advise you of estimated shipping dates, but Author Friends With Benefits will, under no circumstances, be responsible for delay in delivery, and associated damages, due to events beyond its reasonable control.
4. Governing Law and Jurisdiction
By using the Site and/ or purchasing Services or Physical Goods from Author Friends With Benefits you are agreeing to abide by the laws of the United Kingdom in your dealings with Author Friends With Benefits. Any dispute arising out of or related to these Terms and Conditions or the sales transaction between AUTHOR FRIENDS WITH BENFITS and yourself shall be governed by the laws of the United Kingdom, without regard to its conflicts of law rules. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against AUTHOR FRIENDS WITH BENFITS that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
7. License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
8. User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
9. Entire Agreement