Terms of Use

(Updated as of 8 March 2016)


Please read our Terms carefully before using our site as they affect your legal rights and obligations.

 

This website (“site” or “we”) is operated by Krullstone Publishing, LLC. This site and all of its contents (unless otherwise indicated) are the property of Krullstone Publishing, LLC.

 

By accessing or using this Site, you agree to the terms outlined and set forth in these Terms of Use which constitute an agreement between you and Krullstone Publishing, LLC. If you do not agree with these Terms of Use, you should leave the Site immediately. You agree to review these Terms of Use on a periodic basis, as Krullstone Publishing, LLC reserves the right, in its sole discretion, to modify or otherwise update its Terms of Use at any time, and you agree to be bound by such modifications or updates.

 

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INTELLECTUAL PROPERTY OWNERSHIP; LICENSE
This Site and its contents, including – without limitation – organization, graphics, text, images, audios, videos, designs, compilations, and the trademarks, logos, domain names, trade names, and trade identities; any and all copyrighted material; and all other materials related to the Site, are protected by applicable copyrights covering both the U.S. and all foreign countries, and other proprietary rights, including but not limited to intellectual property, and are the property of Krullstone Publishing, LLC. Except right expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Krullstone Publishing, LLC, no rights, either by implication or otherwise, are granted to you. The direct or indirect copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you of the Site or any Materials (as defined below) contained therein, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No material (including but not limited to the text, images, audio, and/or video) and no software, including but not limited to any images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered, or disassembled.

 

Subject to your strict compliance with these Terms of Use, Krullstone Publishing, LLC grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable license to view, use, and/or play a single copy of the Materials and download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that you retain all trademark, copyright, and other proprietary notices contained in the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Krullstone Publishing, LLC’s or its licensor’s copyright, trademark, and other proprietary rights. The use of any such Materials on any other website or networked computer environment without Krullstone Publishing, LLC’s express written consent is prohibited.

 

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SHOPPING
KRULLSTONE PUBLISHING, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY KRULLSTONE PUBLISHING, LLC ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Krullstone Publishing, LLC’s sole and exclusive maximum liability arising from any product sold by Krullstone Publishing, LLC on the Site shall be the price of the product ordered.

 

IN NO EVENT SHALL KRULLSTONE PUBLISHING, LLC, ITS AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Krullstone Publishing, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Krullstone Publishing, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Krullstone Publishing, LLC will issue a credit to your credit card account in the amount of the charge or submit a full refund through another conventional method.

 

Your receipt of an electronic or other form of order confirmation does not signify Krullstone Publishing, LLC’s acceptance of your order, nor does it constitute confirmation of Krullstone Publishing, LLC’s offer to sell. Krullstone Publishing, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Krullstone Publishing, LLC reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Krullstone Publishing, LLC may require additional verifications or information before accepting any order. Krullstone Publishing, LLC may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

 

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POSTINGS
To the extent that portions of this Website (such as “Discussion Boards” or “Reader Reaction”) provide users an opportunity to post and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with Krullstone Publishing, LLC and users through the site (“Postings”), BE ADVISED THAT KRULLSTONE PUBLISHING, LLC DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE. Krullstone Publishing, LLC does not endorse and has no control over the content of the Postings submitted by others, and Postings do not necessarily reflect the views of Krullstone Publishing, LLC. Krullstone Publishing, LLC makes no warranties, express or implied, as to the content of the Postings or the accuracy and reliability of any Postings.

 

All of your Postings are your sole responsibility. You and not Krullstone Publishing, LLC are entirely responsible for your Postings and for any information that you e-mail, transmit, or otherwise make available via the Site. If you post personal information on Discussion Boards or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Krullstone Publishing, LLC cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of your Postings, including, but not limited to, any errors or omissions in your Postings, or for any claim, loss, or damage of any kind incurred as a result of your Postings.

 

You hereby represent and warrant that (1) you have all necessary rights in and to all Postings you provide and all material contained in such Postings; (2) your Postings do not infringe upon, misappropriate, or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights or otherwise violate any law, rule, or regulation; (3) your Postings will not contain any viruses or other contaminating or destructive devices or features; (4) , your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and (5) your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

 

While Krullstone Publishing, LLC assumes no responsibility for actively monitoring the Site for inappropriate Postings, Krullstone Publishing, LLC nevertheless reserves the right to monitor Postings, and to remove any it, in its sole discretion, deems in violation of these Terms of Use or otherwise unacceptable. If Krullstone Publishing, LLC chooses, in its sole discretion, to monitor sections of the Site such as Discussion Boards and Reader Reaction, Krullstone Publishing, LLC nonetheless assumes no responsibility for the content of users’ Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of users submitting any Postings. You agree that Krullstone Publishing, LLC accepts no liability whatsoever if it determines to prevent your Postings from being submitted or if it edits, restricts, or removes your Postings.

 

You hereby authorize Krullstone Publishing, LLC to use and/or authorize others to use, on a worldwide, royalty-free basis, all or part of your Postings in any manner, format, or medium that Krullstone Publishing, LLC or such other parties see fit, provided, however, that with respect to Postings uploaded by Krullstone Publishing, LLC’s authors, your use is limited to viewing such Postings. . You shall have no claim or other recourse against Krullstone Publishing, LLC for infringement of any proprietary right in your Postings.

 

You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty or other violation of the terms of these Terms of Use. You further agree to release Krullstone Publishing, LLC from any and all liability and obligations whatsoever in connection with or arising from your use of this Site.

 

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USER CONDUCT
Users are not permitted to upload, transmit, distribute, or otherwise publish through this Website any content which infringes a third party’s copyright, trademark, or other proprietary right or which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to civil liability, or otherwise violate any local, state, national, or international law. Users may not improperly assume or claim the identity, characteristics, or qualifications of another person, nor use this Site for purposes of spamming.

 


LINKED SITES
Krullstone Publishing, LLC has provided links with other internet websites that are maintained by third parties, including the affiliates of Krullstone Publishing, LLC and our authors. You understand, acknowledge, and agree that Krullstone Publishing, LLC does not verify, endorse, or have any responsibility for the content, business practices, or operations of any such third party websites. Any dealings that you have with any linked third party website are between you and the operator of the linked website, and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party website operator. Krullstone Publishing, LLC is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to the Krullstone Publishing, LLC Site, and you should always review the Terms and Conditions and privacy policy of any website that you access through a link from this Site.

 


MANUSCRIPTS
Krullstone Publishing, LLC does not accept manuscript solicitation sent to it through its Site and takes no responsibility for any manuscript so transmitted.

 

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DISCLAIMERS OF WARRANTIES
THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. KRULLSTONE PUBLISHING, LLC AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THIS WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THIS WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THIS WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THIS WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THIS WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED WEBSITE. KRULLSTONE PUBLISHING, LLC DOES NOT WARRANT THAT THIS WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

KRULLSTONE PUBLISHING, LLC DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, KRULLSTONE PUBLISHING, LLC SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, KRULLSTONE PUBLISHING, LLC AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. KRULLSTONE PUBLISHING, LLC, ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

 

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DISCLAIMERS/LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT KRULLSTONE PUBLISHING, LLC LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW:

 

UNDER NO CIRCUMSTANCES SHALL KRULLSTONE PUBLISHING, LLC, ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “KRULLSTONE PUBLISHING, LLC ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THIS WEBSITE, THE CONTENT, YOUR POSTINGS, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KRULLSTONE PUBLISHING, LLC OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THIS WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE KRULLSTONE PUBLISHING, LLC ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE KRULLSTONE PUBLISHING, LLC ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE KRULLSTONE PUBLISHING, LLC ENTITIES’ AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

 

THE KRULLSTONE PUBLISHING, LLC ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

 

YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS WEBSITE OR THE CONTENT.

 

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF KRULLSTONE PUBLISHING, LLC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY KRULLSTONE PUBLISHING, LLC AND/OR ITS AFFILIATES OR YOUR POSTINGS OR OTHER UPLOADED INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE KRULLSTONE PUBLISHING, LLC WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR YOUR POSTINGS OR OTHER UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

 

BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

 

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INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Krullstone Publishing, LLC Entities and individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees arising out of or in connection with these Terms Of Use, including, without limitation: (a) your use of the Website; (b) your violation of these Terms Of Use or any law, rule, or regulation; (c) your use of the Materials; or (d) any of your Postings or other uploaded information, as applicable. You will cooperate as fully and reasonably as required by Krullstone Publishing, LLC in the defense of any claim. Notwithstanding the foregoing, Krullstone Publishing, LLC retains the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against Krullstone Publishing, LLC herein under the terms and provisions of this Section, and in no event shall you settle any such claim without Krullstone Publishing, LLC’s prior written approval.

 


OTHER
This site is controlled and operated by Krullstone Publishing, LLC from its offices in the State of Alabama, United States of America. Krullstone Publishing, LLC makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

 

This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Alabama without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Alabama and the federal courts located in Birmingham, Alabama. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

 

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COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
We prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide us with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

 

Contact information for Krullstone Publishing, LLC for Notice of claims of copyright infringement on the Site is below.

 

           Krullstone Publishing, LLC
           8751 Clayton Cove Road
           Springville, Alabama 35146
           Telephone: (205) 681-9455

 

We will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

 

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MISCELLANEOUS
These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof and cannot be changed or terminated orally. If any provision of these Terms of Use are found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.