Your Acceptance
The services and/or products provided to you by Stirling Corp (hereinafter referred to as 'we', 'us', 'our' or the 'Company') its subsidiaries, agents and affiliates, in conjunction with (hereinafter referred to as 'Website'), are subject to the following Terms of Service. If you do not understand or agree to be bound by (or cannot comply with) any part of the Terms of Service described herein, you must immediately cease using the Website. The Company reserves the right to update the Terms of Service at anytime, with or without notice to you. The current version of the Terms of Service can be reviewed by following the URL link at the footer of FunAudioBooks.com's web pages.
Privacy
Please review our Privacy Notice, which also governs your visit, to understand our practices. Our Privacy Notice can be viewed here.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically unless you opt out by clicking an “Unsubscription” options offered at the bottom of our newsletters or by contacting us at [email protected] with the subject “Unsubscribe”. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website
These Terms of Service apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Website Access
A. The Company hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company's prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or the Website or its affiliates without Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates' name or trademarks without the Company’s the express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without the Company’s express written permission.
B. In order to access some features of the Website, the Company may require you to open an account and provide certain registration information as prompted by one or more registration forms. For any individual based in the EU, any personal data provided will be securely held and upon termination of account will be destroyed from all records. A user has the right to request any copies of any personal information held by the Company, by requested in writing to the email address provided at the end of this document. You are responsible for maintaining the confidentiality of your passwords, usernames and e-mail addresses provided to the Company. You are entirely responsible for any and all activities that occur on your account. The Company is not liable for any loss that you may incur as a result of someone else's misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by the Company, its affiliates, representatives, agents or assigns due to someone else using your account or password. You agree that your e-mail addresses will not contain any vulgar or offensive terms, words, phrases or in any other way violates this agreement. The Company reserves the right, at its sole discretion, to immediately terminate any account it believes uses an e-mail address in violation with this section of the agreement. Additionally, if you wish to utilize services on the Website or make purchases from the Company or third-party vendors, you may be required to provide certain Purchasing Data (as described and detailed below).
C. You agree not to use or launch any automated system, including without limitation, “robots,”“spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
D. The Company reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any or no reason at all, without your consent, prior notice or explanation and without liability. Should the aforementioned action be taken, all personal information will be securely destroyed and no longer held by the Company. You may terminate or suspend your account at any time for any reason and the same action will be taken.
Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ('Content') and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Purchasing Data
Purchasing products or services from the Company or third-party vendors on the Website may require you to provide payment information (i.e. credit card, debit card, ACH, PayPal®, billing information or other information related to financial products you possess) (hereinafter, the "Purchasing Data"). The Company may collect and store the Purchasing Data for transactional use only. The Purchasing Data will be shared only with third-parties and affiliates required to perform tasks required to complete the purchase of a product or service provided by the Company or its affiliates. The Company will encrypt the Purchasing Data before transmission. Upon completion of the transaction, no personal information is held by the company and any liability for use of “Purchasing Data” ends forthwith.
Credit Card Charges and Credit Card Fraud Penalties
If you purchase a product through this website, you warrants you are over 18 years of age and that you are the true and authorized owner of the credit card used to make this purchase.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, sublicensees and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website the Content and the; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
The Company's website, products and/or services are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing the Company's website, products and/or services, you represent and warrant that you have the right and capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this Terms of Service and any other associated agreement and that:
The Company reserves the right, at its sole discretion, to immediately terminate your account if the Company believes you are under the age of thirteen (13).
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe your work has been copied and posted on or through the Company's website in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the "Offending Material"), please send the Company's Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material's use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature.
Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent:
Stirling Corp
260 Littler Dr. SE
Rio Rancho, NM 87124
USA
e-mail: [email protected]
General
You agree that: (i) the Website shall be deemed solely based in Nevada; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Matrona County, Nevada or the United States District Court of Nevada. These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. With respect to the 'In Plain English' comments, these are provided merely for assisting with understanding the obligations hereunder and in no way restrict, modify or limit the language of the clauses they relate to. You agree that you are bound by the full terms of this Agreement and any conflict between the language of this Agreement and the language contained in the 'In Plain English' sections, the language of this Agreement will be controlling. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
