Terms of Use Last Revised: January 1, 2013 Please read these Terms of Use carefully before using the Mosaica Press website and any/all affiliated web Site. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS (INCLUDING THE MOSAICA PRESS PRIVACY POLICY) WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. This is a legal agreement between you (“you” or “user”) and Mosaica Press that states the material terms and conditions that govern your use of the Site. This agreement, together with all updates, supplements, additional terms, and all of Mosaica Press rules and policies collectively constitute this “Agreement” between you and Mosaica Press. BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE. Copyright and Ownership This site is owned and operated by Mosaica Press. All of the content featured, displayed or offered for sale on it, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (“Content”), is owned by Mosaica Press, its licensors, vendors and/or its content providers. All elements of the Site, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which such Site is being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site, its Content and all related rights shall remain the exclusive property of Mosaica Press and its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Site. Site Access License Mosaica Press grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site or their content and not to download (other than page caching or unless otherwise allowed by Mosaica Press or permitted by law) or modify all or any portion of the Site and their content. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Mosaica Press’s express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Mosaica Press, its content providers or its affiliates without express written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Corporate Identification & Trademarks All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of Mosaica Press and its publishing divisions and imprints, names and designs of the Site, and any logos) are trademarks or registered trademarks of Mosaica Press or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Mosaica Press’s prior written consent. The use of our trademarks on any other web site or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Site so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Mosaica Press logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder. Links to Third Parties & No Endorsement The Site contain links to other web Site controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Mosaica Press of, or any affiliation with, or endorsement by, the owner of the linked site. Mosaica Press is not responsible for the contents or use of any linked site, or any consequence of making the link. You shall not use Mosaica Press’s name or any language, pictures or symbols which could, in Mosaica Press’s judgment, imply Mosaica Press’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. Fees For all charges for any products and services sold on the Site, Mosaica Press or its vendors or agents will bill your credit card or through an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Mosaica Press and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site. Privacy Policy Data collection and use, including data collection and use of personally identifiable information is governed by Mosaica Press’s Privacy Policy which is incorporated into and is a part of this Agreement. Age of Users All areas of this site are restricted to users over the age of 18. Release In the event that you have a dispute with one or more other users of the Site, you release Mosaica Press (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Disclaimer & Limitation of Liability Your use of and browsing of the Site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOSAICA PRESS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. MOSAICA PRESS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOSAICA PRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOSAICA PRESS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL MOSAICA PRESS OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MOSAICA PRESS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE MOSAICA PRESS SITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MOSAICA PRESS’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL MOSAICA PRESS OR ANY AFFILIATED MOSAICA PRESS ENTITY OR INDIVIDUAL OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF MOSAICA PRESS OR AN MOSAICA PRESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOSAICA PRESS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITE OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. Indemnification You agree to defend, indemnify and hold Mosaica Press and its vendors, agents and affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Site or the Internet or the placement or transmission of any message or information on the Site by you. Force Majeure Neither Mosaica Press nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. Governing Law The Site is created and controlled by Mosaica Press in the State of Delaware, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the State of Delaware. By using any of the Site, you hereby consent to the exclusive jurisdiction and venue of courts in Delaware, Delaware, in all disputes arising out of or relating to the use of the Site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Mosaica Press’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Additional Terms Additional terms and conditions may apply to the purchase of product and other uses of the Site. By using any of the Site, you agree to such terms and conditions. Entire Agreement These terms and conditions are the entire agreement between the user and Mosaica Press and supersede any prior understandings or agreements (written or oral). Copyright Complaints Mosaica Press and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us immediately: [email protected]