This Agreement was last modified on April 23, 2014.
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before purchasing from http://fivestonesmedia.com ("the Site") operated by Five Stones Media, LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your purchase and use of products and the Site at http://fivestonesmedia.com ("the Service").
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, purchasing from the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Use of Our Service
Eligibility. You may use the Service only if you can form a binding contract with Five Stones Media, LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service by Five Stones Media.
Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Five Stones Media grants the operators of public search engines revocable permission to use spiders to copy materials from Five Stones Media for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) except as otherwise specifically set forth in a licensor’s end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing files previously purchased by you through the Service on computers, mobile or tablet devices owned by your, or creating backup copies of such files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement.
Once you make a purchase of electronic media, you should receive a unique download page and email receipt with link to your downloads. You shall not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page. Five Stones Media shall not be responsible for any losses arising out of the unauthorized use of your download page.
Product Requirements. Use of the Service and/or some Products requires a compatible computer, digital e-reader, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or digital Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. Five Stones Media does not assume any responsibility or liability for any such fee, account or third party software or content. Physical copies of digital Products are not available. If you are having difficulty downloading digital Products or encounter any other issues with the purchase, download or activation of a Product, you should contact us at email@example.com.
The Site and its original content, features and functionality are owned by Five Stones Media, LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Payment and Delivery
Your total price will include the price of the Product plus any applicable sales or use taxes in effect on the time of purchase, and based on country data you provide on your download page. Five Stones Media reserves the right to change prices and availability of Products at any time. If you are not located in the US your purchase price will be the full amount of the price posted and failure on Five Stones Media's part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.
Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Five Stones Media reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Payment for Products. The Service uses PayPal, and other payment providers as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that Five Stones Media may charge your chosen payment method (such as PayPal or Amazon Payments) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. Five Stones Media reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Charitable Sales Promotions. Under the terms of its charitable sales promotions, Five Stones Media will remit all funds designated for a particular charity, less any applicable sales taxes, purchaser refunds/credits, and processing fees. There are no minimum or maximum amounts which Five Stones Media will remit to a particular charity under the terms of its charitable sales promotions.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Five Stones Media. You may also have additional rights under applicable law.
Delivery of Products. As Five Stones Media offers customers flat rate shipping, the Company reserves the right to use the shipping method of their choice. Five Stones Media also reserves the right to use the shipping method of their choice when free shipping promotions are offered. Your order requires processing time and shipping time. The processing time may be different for each item. In instances where processing time is expected to be outside of 7 to 10 business days, for example when books are signed by the author, estimated processing and delivery times will be clearly stated on the product page. As always, contact firstname.lastname@example.org with questions about the status of your shipment.
Delivery of Digital Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your digital products. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by Five Stones Media in its sole discretion. Five Stones Media shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. In some cases certain Products may be games that are still in development. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed product release date. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Five Stones Media shall be without liability to you in the event of any loss, damage or destruction. Five Stones Media encourages all its users to appropriately back up the Product files and any other elements associated with the Products.
No Ongoing Obligations. Notwithstanding any other provision of these Terms, Five Stones Media and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of Five Stones Media. Accordingly, in the event that Five Stones Media changes any part of the Service or discontinues the Service, which Five Stones Media may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Five Stones Media shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although Five Stones Media may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Assistance with Orders. For assistance with billing questions or other order inquiries, please email us at email@example.com. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.
Due to the nature of intellectual property, such as novels, refunds will be issued solely at Five Stones Media's discretion. If you feel you qualify for a refund please contact us at firstname.lastname@example.org. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact us as soon as possible. Certain restrictions apply to sales of digital products sold through the Service that might not otherwise apply to physical goods. Being as digital goods are received immediately after purchase, and as such are un-returnable, Five Stones Media reserves the right to issue refunds solely at their discretion.
Termination by Five Stones Media. If you fail, or Five Stones Media, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide Five Stones Media with a valid payment method, failure to safeguard your download page, or violation of our usage rules, Five Stones Media, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your access to downloads, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof). No such termination by Five Stones Media shall limit any other rights we may have in law or at equity.
Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Five Stones Media. Five Stones Media reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Five Stones Media will result in your permanent inability to access your downloads and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Five Stones Media, LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of South Dakota, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.