Terms

PLEASE READ THESE TERMS OF USE CAREFULLY.

 

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

 

TERMS OF USE AND DMCA NOTICE

Effective Date: January 1, 2016

 

To review material modifications and their effective dates scroll to the bottom of the page.

 

  1. Parties. The parties to these Terms of Use are you, and the owner of this kindlekingpublishing.com website business, Kindle King Publishing (“KKP”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and KKP.

 

  1. Use and Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device.  All rights not expressly granted in this Agreement are reserved by us and our licensors.

 

  1. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates.  YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
  2. How We Treat Postings To This Site (Blog, Forum, or Chat Room).

 

4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential.  We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate.  Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.

 

4.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site.  Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

 

4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

 

  1. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties.  We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

  1. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.

 

  1. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

 

  1. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

 

  1. DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

 

Notification of Claimed Infringement:

Kindle King Publishing

136 Ledburn

Skelmersdale

Lancashire

United Kingdom

WN8 6TX

Agent’s Name/Email Address: kevin-at-kindlekingpublishing.com

Telephone: +441515286611

 

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

 

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

  1. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

 

  1. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

 

  1. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

 

  1. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.  All correspondence should be addressed to our agent for notice at the following address:

 

Notification of Consumer Rights Complaint or Pricing Inquiry:

Kindle King Publishing

136 Ledburn

Skelmersdale

Lancashire

United Kingdom

WN8 6TX

 

Contact: kevin-at-kindlekingpublishing.com

Telephone: +441515286611

 

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

 

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

 

  1. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Nashville, Tennessee, USA, and may be conducted by telephone or online.  The arbitrator shall apply the laws of the State of Tennessee, USA to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

 

  1. Jurisdiction and Venue. The courts of Nashville in the State of Tennessee, USA and the nearest U.S. District Court in the State of Tennessee shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

 

  1. Controlling Law. This Agreement shall be construed under the laws of the State of Tennessee, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

  1. Onward Transfer of Personal Information outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

 

  1. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

 

  1. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

 

  1. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.

 

Material Modifications since January 1, 2016.  None.

***********************************************************

EARNINGS DISCLAIMER

 

We make every effort to accurately represent the services and/or products presented on this website, we make no assurance, representation or promise regarding future earnings or income, or that you will make any specific amount of money, or any money at all, or that you will not lose money.

 

Or income statements, or examples of earnings or income, represent estimates of what you may earn; however, there is no promise or guarantee that you my experience the same level of earnings or income.

 

There is no assurance that any prior success or past results regarding earnings or income may be an indication of your future success or results.

 

Statements or examples of actual earnings on this website that are attributed to a specified individual or business are true and correct, and we will verify them upon request and also provide statements of expected typical results (email compliance.officer-at-kindlekingpublishing.com); however, these statements or examples should not be viewed as promises or guarantees of earnings or income.  Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market.

 

Operating a business on the Internet involves unknown risks.  You should make decisions based on information provided through services and/or products presented on this website with the understanding that an Internet business may not be suitable for you, and that you could experience significant losses or fail to generate any earnings or income at all.

 

You should undertake your own due diligence regarding your evaluation of any services and/or products presented on this website, and this includes relying on qualified professional advisors to assist you with your evaluation.

 

For the foregoing reasons, you agree that we are not responsible for any decision you may make regarding any information presented on this website or any of the services and/or products presented on this website.

*******************************************************

 

OPT-IN LIST, AND SAMPLE EMAIL AND NEWSLETTER NOTICES AND DISCLAIMERS FOR KINDLEKINGPUBLISHING.COM

 

Note:  these are guidelines for your use of an opt-in sign-up form for your newsletter list and for sending emails to that list.  You should also create a long form affiliate disclosure page for your website.  The “click here” link on the email disclosure should point to it.  To generate the long form affiliate disclosure, create the document:  Affiliate Disclosure.

 

  1. Opt-In Form – Deceptive Statements.

 

1.1       If you want to add a statement to your opt-in list sign-up form do NOT add this notice:  “We will never sell, rent, or give away our email list”.   The reason is that it may not be true, because for example, you may share list information with a joint venture partner or you may sell your website business in the future.  If you make this kind of statement, you’ll be running a substantial risk of engaging in a deceptive marketing practice.

 

1.2       If you can’t make the above statement, your best practice would be to simply provide a link to your Privacy Policy on the bottom of your opt-in sign-up form.  With this approach, you won’t be running the risk of making a deceptive statement on your opt-in page.

  1. Newsletter – Can-Spam Act Compliance.

 

2.1       The CAN-SPAM Act of 2003 (CAN-SPAM) provides remedies against annoying and unsolicited bulk email known as “spam”.

 

2.2       CAN-SPAM’s 5 Basic Rules:

 

* Header information (identifiers such as To, From, IP Address) – must not be materially false or materially misleading;

 

* subject line – must not mislead the recipient about a material fact regarding the email’s contents or subject matter;

 

* return email address – must contain a functioning email address that the recipient can use to request no further messages;

 

*  requests to unsubscribe – if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and

 

*  contents – the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).

 

2.3       *CAN-SPAM’s 2008 amendments – added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.

 

* Designated Sender – multiple contributors to the email may designate  as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.

 

2.4       2 Types of Emails – Applicable Rules

 

* “Commercial” emails – advertisements or promotion for a commercial product or service – are required to comply with all 5 of the basic rules, plus the “designated sender” rule.

 

* “Transactional or relationship message” emails  – “facilitates” a previously agreed-upon commercial transaction – are required to comply only with the “header information” requirement and the “designated sender” rule.

 

  1. Affiliate Compensation Disclosure.

 

3.1       If you recommend any product or service of another, you need to disclaim any “material connection” you may have with the website, merchant, or advertiser.

 

3.2       A “material connection” involves the receipt of money or a freebie in connection with your recommendation.  For more information regarding affiliate disclosures, create the document titled “Affiliate Disclosure”.

 

3.3       These are examples of a simple disclaimer for newsletters or emails that promote the products or services of others:

 

* Affiliate Compensation Disclosure:  From time to time, we promote, endorse, or suggest products or services of others.  In most cases, we will be compensated – either as an affiliate with a commission based on sales, or with a free product to review or use.  Our recommendations are always based on (i) our personal belief in the high quality and value of the product or service, and (ii) our review of the product or service, or a prior relationship or positive experience with the sponsoring person or organization.

 

* Affiliate Compensation Disclosure: As an affiliate, I will receive compensation based on sales of products/services recommended in this newsletter; however, I always give my honest opinions and recommendations.4.         Earnings Disclaimer.

 

4.1       If you sell or recommend products or services or provide information that may assist others in making money in your newsletter, you need (i) a long form Earnings Disclaimer posted on your website, and (ii) a short form Earnings Disclaimer on the bottom of your promotional emails or newsletter.  Be sure to have documentation to substantiate any earnings claims you make, before you make the claims.  You are not allowed to make unsubstantiated earnings claims and then add an earnings disclaimer that contradicts the earnings claims.

 

4.2       For example: “I make no representation or promise that you will make any specific amount of money, or any money at all, or that you will not lose money.  You are solely responsible for your use of this information.”

 

4.3       Best practice would also include a link to your long form Earnings Disclaimer posted on your website.

 

  1. Special Disclaimer.

 

5.1       If your newsletter provides information regarding services, products, content, or information which could result in injury or financial loss to a consumer, a special disclaimer should be included at the bottom of your email or newsletter.

 

5.2       Examples include information regarding services or products as legal information, tax information, fitness services, nutritional supplements, information relating to illnesses, medical information, debt collection services, and services or products that could be used in ways that could be hazardous or life threatening.

 

5.3       Here are a few specific examples –

 

* “Disclaimer: this newsletter is for informational purposes only; it does not constitute legal advice, and should not be construed as such.”

 

* “Disclaimer:  there is no guarantee of employment in connection with your use of the information provided in this newsletter.”

 

* “Disclaimer:  this newsletter is for informational purposes only; it does not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.”