These Terms and Conditions of Use (the "Terms and Conditions”) apply to all PennWell Books, LLC physical and digital products (each, a “Book”) and are between the user of the Book (“User”) and PennWell Books.
Access to the Book or use of the Book content constitutes User's agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof.
USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BOOK
PennWell Books reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Book, and User's continued use of the Book affirmatively indicates User's acknowledgment of such changes and User's agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User's right to use the Book is not transferable and is subject to any restrictions established by PennWell Books.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE BOOK IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE BOOK. SO LONG AS USER CONTINUES TO USE THE BOOK, PENNWELL BOOKS WILL CONTINUE TO RELY ON USER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS
ACCESS TO THE BOOK
User shall not have the right to sell, license, market, or lease the Book content to any party whatsoever without the prior written consent of PennWell Books. User shall not have the right to distribute the Book content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between PennWell Books and User or any party acting through User, all title to and ownership of the Book and its content remains vested in PennWell Books and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Book, including merged or modified portions, shall as between User and PennWell Books remain PennWell Books's exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all PennWell Books copyright and other proprietary notices.
User agrees to use the Book only non-commercially, and only for User's bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable PennWell Bookss not to permit or allow the Book to be used by any party whatsoever for purposes not connected with User's non-commercial, legitimate business purposes. User agrees to report promptly to PennWell Books any observed violation of the above. User agrees that the Book shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Book's Publisher of any known or suspected unauthorized use(s) of the Book through User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's means of access.
AUTHORIZED USAGE OF THE BOOK CONTENT
The contents of the Book are intended for the benefit of User's legitimate non-commercial business. All materials displayed on the Book (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the "Content") are protected by copyright, and owned or controlled by PennWell Books. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Book. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Book is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User's legitimate non-commercial business end-use is expressly prohibited without the prior written permission of PennWell Books or the copyright holder identified in the individual Content's copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Book in whole or in part. No use is permitted which benefits any party other than PennWell Books or User.
PennWell Books products referenced in a PennWell Books Book are either trademarks or registered trademarks of PennWell Books.
Book WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
THE BOOK IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE BOOK OR ANY MATERIALS OBTAINED THROUGH THE BOOK ARE VIRUS-FREE OR ERROR-FREE. NEITHER PENNWELL BOOKS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BOOK CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER'S INABILITY TO USE, OR USER'S USE OF THE BOOK, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF PENNWELL BookS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE BOOK DURING THE 3-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER's RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST PENNWELL BOOKS. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE BOOK IS AT USER's SOLE RISK.
These Terms and Conditions shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Tulsa, Tulsa County, Oklahoma.
Any rights not expressly granted to User in these Terms and Conditions are reserved to PennWell Books.
Any failure by PennWell Books to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between PennWell Books and User concerning User's use of the Book and supersede any prior understanding or agreement whether oral or written.
By submitting your email address and other account details, you are making an offer to us to enter into a contract. By registering for an account you will be contracting with PennWell Books, LLC or one of its subsidiaries or affiliates. A contract is formed when we have accepted your offer, at which point we will provide the product or services that you have requested. PennWell Books reserves the right to reject any offer at its sole discretion, for any or no reason, and if there was payment, we will refund you the subscription fees paid.
CHANGES TO TERMS AND CONDITIONS
These terms and conditions were published October 1, 2020 and replace with immediate effect all previous terms and conditions.