Acceptance of Terms

 

Welcome to eLackland, Inc.'s website creation service (the "Service"). Your use of the Service is subject to these Terms of

Service ("TOS"). eLackland reserves the right to update and change the TOS from time to time without notice or acceptance by

you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your

irrevocable acceptance of this TOS.

 

Description of Service

 

The Service is web-based and allows users to purchase elcectronic publications, principally ebooks. These products may also

be available in audio format and in both electronic and physical formats. Unless explicitly stated otherwise, any new features

that augment or enhance the current Service, including the release of new eLackland tools and resources, shall be subject to

the TOS.

 

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access

web-based content, and pay any service fees associated with such access.

 

In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer

and modem or other access device.

 

You also understand and agree that the service may include certain communications from eLackland, such as service

announcements, administrative messages and the eLackland Newsletter, and that these communications are considered part of

eLackland's Subscription membership and you will be able to opt out of receiving them.

 

You agree not to access the Service by any means other than through the interfaces that are provided by eLackland, for use

in accessing the Service.

 

eLackland Privacy Policy

 

Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are

incorporated into this TOS by reference.

 

Concent and Conduct Rules and Obligations

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods,

products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated.

 

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no

circumstances will eLackland be liable in any way for any Content, including, but not limited to, for any errors or omissions in

any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or

otherwise made available via the Service.

 

You understand that the technical processing and transmission of the Service, may involve:

 

(a) transmissions over various networks;

 

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be iat eLackland's

sole discretion, as to what action should be taken.

 

You agree that you will not:

 

(a) Harm minors in any way;

 

(b) Impersonate any person or entity, including, but not limited to, a eLackland official, forum leader, guide or host,

or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the

Service;

 

(d) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under

contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or

disclosed as part of employment relationships or under nondisclosure agreements);

 

(e) Transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity,

or other proprietary rights of any party;

 

(f) Transmit unsolicited commercial email or "spam".

 

This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as:

(a) Sending mass email to recipients who haven't requested email from you or with a fake return address;

 

(b) Promoting a site with inappropriate links, titles, descriptions, or;

 

(c) Promoting your site by posting multiple submissions in public forums that are identical;

 

(g) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,

procedures, policies or regulations of networks connected to the Service;

 

(h) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not

limited to, regulations promulgated by the U.K. Law, any rules of any national or other securities exchange, including

without limitation;

 

(i) Offer for sale or sell any item, good or service that:

(a) Violates any applicable U.K. European or U.S. law or regulation;

 

(b) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all

necessary licenses and authorizations, or;

 

(c) eLackland determines, in its sole discretion, is inappropriate for sale through the Service provided by

eLackland;

 

(j) Exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do

not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;

 

(k) Make any automated use of the system.

 

(l) If any user is reported to be in violation with the letter or spirit of these terms, eLackland retains the right to

terminate such account at any time without further warning.

 

Fees / Payment

 

Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all

applicable fees, as described on the Service in connection with such features selected by you. eLackland. reserves the right to

change its prices and at any time.

 

You authorize eLackland. directly or through third parties, to make any inquiries it considers necessary to validate your account

and financial information.

 

All fees are incclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of

all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and

payments made by you herein.

 

Money Back Guarentee

 

eLackland Products include a 21-day money back guarantee. If you are dissatisfied with your service or product for any reason,

you can receive a full refund if you cancel and return (where physical) or delete where electronic the product within 21 days

of the purchase. Please direct refund requests to .

 

International Use

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable

Content.

 

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the

United Kingdom or the country in which you reside.

 

Advertisers

 

You understand and agree that the Service may include advertisements and that these advertisements are necessary for

eLackland to provide the Service.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service,

including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations

associated with such dealings, are solely between you and such advertiser. You agree that eLackland shall not be responsible

or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of

such advertisers on the Service.

 

Links

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.

 

Because eLackland has no control over such sites and resources, you acknowledge and agree that eLackland is not

responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any

Content, advertising, products, or other materials on or available from such sites or resources.

 

You further acknowledge and agree that eLackland shall not be responsible or liable, directly or indirectly, for any damage or

loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services

available on or through any such site or resource.

 

Indemnity

 

You agree to indemnify and hold eLackland, and its subsidiaries, affiliates, officers, director’s, agents, co-branders or other

partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party

due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your

violation of the TOS, or your violation of any rights of another, whether you are a registered user or not.

 

The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for

Internet access.

 

Resale of Service

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to

the Service without the express written permission by eLackland.

 

General Practices regarding Use and Storage

 

You acknowledge that eLackland may establish general practices and limits concerning use of the Service and may modify such

practices and limits from time to time without notice to you.

 

Modifications to Service

 

eLackland reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service

(or any part thereof) with or without notice at any time.

 

You agree that eLackland shall not be liable to you or to any third party for any modification, suspension or discontinuance of

the Service.

 

eLackland's Proprietory Rights

 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software")

contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through

the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

Except as expressly authorized by eLackland or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create

derivative works based on the Service or the Software, in whole or in part.

eLackland does not want to receive confidential or proprietary information from you through the Service or by email.

 

Unless otherwise agreed in writing, by an authorized eLackland representative, any material, information or idea you transmit to

eLackland by any means may be disseminated or used by eLackland or its affiliates without compensation or liability to you for

any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

 

However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy

Policy.

 

Disclaimer of Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eLackland EXPRESSLY DISCLAIMS ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

(b) eLackland WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE.

 

HOWEVER, eLackland IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR

VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR

NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED

USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE.

 

YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE

ON THE SERVICE.

 

eLackland DOES NOT WARRANT THAT:

(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,

 

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

 

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR

RELIABLE,

 

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR

OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

 

(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT

YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR

COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE

SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT eLackland SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR

LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES .

 

Exclusions and Limitations

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION

OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

Government Restricted Rights

 

The materials on the Service are provided with "RESTRICTED RIGHTS."

 

Use, duplication, or disclosure by the U.K. Government is subject to restrictions as set forth in applicable laws and regulations.

Use of the materials by the U.S. Government constitutes acknowledgment of eLackland's proprietary rights in them.

 

General

 

Notices to you may be made via either email or standard mail.

 

The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you

generally on the Service.

 

The TOS and the relationship between you and eLackland shall be governed by the laws of the United Kingdom without regard to

its conflict of law provisions.

 

The failure of eLackland to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right

or provision.

 

The TOS constitutes the entire agreement between you and eLackland and govern your use of the Service, superseding any

prior agreements between you and eLackland (including, but not limited to, any prior versions of the TOS).

 

You also may be subject to additional terms and conditions that may apply when you use affiliate or other eLackland services,

third-party content or third-party software.

 

If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the

parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the

provision, and the other provisions of the TOS remain in full force and effect.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related

to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever

barred.

 

The section titles in the TOS are for convenience only and have no legal or contractual effect.