Novel Blogs Web Site Agreement
Welcome to Novel Blogs (https://novelblogs.com), a wholly-owned subsidiary of Page Rank Media, LLC. Page Rank Media LLC and/or its affiliates (“Page Rank Media”) provide website features and other products and services to you when you visit or shop at Novel Blogs, use Novel Blogs products or services, use Page Rank Media applications for mobile, or use software provided by Page Rank Media in connection with any of the foregoing (collectively, “the Service” or “Page Rank Media Services”). Page Rank Media provides the Page Rank Media Services subject to the following conditions.
By using Page Rank Media Services, you agree to these conditions. Please read them carefully. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.
Page Rank Media may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Use of the Site
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PAGE RANK MEDIA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAGE RANK MEDIA SERVICES ARE PROVIDED BY PAGE RANK MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PAGE RANK MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PAGE RANK MEDIA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAGE RANK MEDIA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PAGE RANK MEDIA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAGE RANK MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAGE RANK MEDIA DOES NOT WARRANT THAT THE PAGE RANK MEDIA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PAGE RANK MEDIA SERVICES, PAGE RANK MEDIA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PAGE RANK MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAGE RANK MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PAGE RANK MEDIA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PAGE RANK MEDIA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
In no event will PAGE RANK MEDIA be liable for:
(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if PAGE RANK MEDIA or its authorized representatives have been advised of the possibility of such damages, or
(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. In such states, PAGE RANK MEDIA liability is limited to the greatest extent permitted by law.
PAGE RANK MEDIA makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Page Rank Media-owned web site, please understand that it is independent from Page Rank Media, and that Page Rank Media has no control over the content on that web site. In addition, a link to a Page Rank Media web site does not mean that PAGE RANK MEDIA endorses or accepts any responsibility for the content, or the use, of such web site.
We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your site’s files, databases and other information before making any changes.
Some areas of Page Rank Media Services may allow Users to post reviews, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Page Rank Media Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Page Rank Media reserves the right, but is not obligated, to reject and/or remove any User Content that Page Rank Media believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on Page Rank Media’s Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Page Rank Media takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over our Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Page Rank Media is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Page Rank Media shall not be liable for any damages you allege to incur as a result of such User Content. Page Rank Media may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
3. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Page Rank Media a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Page Rank Media.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Page Rank Media reserves all rights not expressly granted herein in the Service and the Page Rank Media Content (as defined below). Page Rank Media may terminate this license at any time for any reason or no reason.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Page Rank Media Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Page Rank Media and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Page Rank Media Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Page Rank Media under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Page Rank Media does not waive any rights to use similar or related ideas previously known to Page Rank Media, or developed by its employees, or obtained from sources other than you.
You agree to indemnify, defend and hold harmless Page Rank Media and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
We accept no responsibility for any damage or loss of earnings to your product, brand, and/or website in any instance when using Page Rank Media’s products and services. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen, you can use your backup to bring your blog/site back online.
Since we offer non-tangible, irrevocable, digital goods and services, we do not issue refunds based on satisfaction of the features. We have tried to provide enough documentation and working demonstration of the products and services. If you feel that a demonstration does not answer your question or provide you with the information that you need, please don’t hesitate to contact us.
All sales are final, we do not offer exchanges on our products and services unless expressly stated. You are responsible for understanding our refund policy before making a purchase.
9. Affiliate Sales
Affiliates promoting Page Rank Media Services who are found to be committing fraud will have their affiliate accounts suspended and all funds frozen.
Affiliate commission will be reversed for refunded sales and will be reported as a negative sale in the sales report.
Payments are made when an account reaches a commission balance of $50 and the related sales are more than 30 days old to adjust for any refunds.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Page Rank Media will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Page Rank Media considers insecure, Page Rank Media will be entitled to require the password to be changed and/or terminate your account.
11. Customer Support
We try to reply to all customer support queries within 48 hours of receipt on weekdays. We have a very good track record of providing excellent customer support. Please use our contact form to submit your queries.
Our support contract is simple, we give support to whoever purchased the product from us. We will only ever talk to the person who directly purchased from us. If a 3rd party publisher or publicist has purchased our services for your book, you will have to go through him/her as we will only recognize the person who made payment.
For some websites and services, we will provide a customer support forum. We reserve the right to deny support if you are found to be misusing the customer support forum or spamming the forum with unrelated content. IP addresses are recorded to detect accounts that are causing abuse. We reserve the right to block abusive accounts.
12. Product and Service Delivery
Our digital products and services are not delivered instantly. We process orders in batches. As a result, it may be a few days before we begin processing your order. You will receive email notifications when your order has been completed. Emails may contain additional steps you can take that are intended to help you further promote your book or website. On rare occasions an email can get delayed or missed or it can end up in your junk folder. If you do not receive an email notification or payment receipt (possibly containing links to services you ordered) within a few hours after you placed the order, please contact us.
13. Terms of Service / Terms & Condition Changes
Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions.
Last Updated: January 14, 2015