Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions.Your use of this website constitutes your agreement that you are at least 18 years of age, and your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the TITLESTAND website.
These Terms and Conditions May Change
TITLESTAND reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
As used in this Agreement, the following definitions will apply: "Agreement" shall mean these Terms and Conditions (including any terms incorporated by hyperlink). "Client", "I", "you" or "your" shall mean the person or persons using, or subscribing to this website. "We", "us", "the company" or "our", shall mean TITLESTAND (“TITLESTAND”) and its owners. "Site" shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site, the sponsor's web site, or the affiliate’s web site.
TITLESTAND has taken all reasonable steps to ensure the accuracy of the information on its web sites. However we can give no warranty regarding the accuracy or completeness of the content of these web sites. Hence we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in these web sites. TITLESTAND reserve the right to update, add, amend, remove, replace or change any part of the web sites content, including but not limited to functionality and navigation at any time without prior notice. TITLESTAND shall not be liable for distortion of data arising from any technical fault including transmission errors, technical defects, interruptions, third party intervention or viruses.
TTITLESTAND is a digital publishing technology provider (and not a publisher) of content supplied by third parties. Accordingly, we have no editorial control over such content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in TITLESTAND editions offered by our Web site, are those of the respective author(s) or publisher(s) and not of TITLESTAND.
Under no circumstances will TITLESTAND be liable for any loss or damage caused by your reliance on information obtained through a TITLESTAND web sites and/or its Digital Editions.
It is your own personal responsibility to evaluate the accuracy, completeness or usefulness of any information or content available through TITLESTAND web sites and/or its digital editions.
TITLESTAND web sites and/or its digital editions may contain links to other Internet sites and third-party resources. TITLESTAND does not assume any responsibility or liability for any communications or materials available at such linked sites.
Third Party Links
Its web sites may contain links to other web sites which are hosted and maintained by third parties. TITLESTAND make no representation as to the accuracy, completeness or relevance of the information contained on such Third Party Sites. You follow links to such sites at your own risk, and we will not be liable for any loss or damage rising from your reliance upon or use of Third Party Sites. When you click on links to other Web sites, we encourage you to read their privacy policies. Their standards may differ from ours.
Each third-party content provider owns the copyright in content original to it including, without limitation, in the Digital Editions and other publications delivered or otherwise made available to you by using the TITLESTAND technology. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the TITLESTAND Web site, the TITLESTAND editions, or any portion of them. We do not grant you any licenses, express or implied, to the intellectual property of TITLESTAND or our publishers except as expressly authorized by these terms.
All of the Content you see and hear on the TITLESTAND website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Titlestand.com, one of its affiliates or by third parties who have licensed their materials to Titlestand.com.
The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, you may only share the Content using the approved share buttons on the site, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. TITLESTAND reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Titlestand.com.
Trademarks & Registered Trademarks
All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.
Registration; User Names and Passwords
You may be required to register with TITLESTAND in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify TITLESTAND of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Short Message Service Company may make available a service either directly or through third parties by which you can receive messages on your wireless device via short message service ("SMS Service"). Your provider's standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Company will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. You may opt out of the SMS Service at any time by replying "STOP", "END", or "QUIT" to the SMS text message you have received.
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to TITLESTAND shall be and remain the exclusive property of Titlestand.com. Your submission of any such Comments shall constitute an assignment to TITLESTAND of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. TITLESTAND will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies; Risk of Loss
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Disclaimers - General
The TITLESTAND website is operated by TITLESTAND on an "as is," "as available" basis, without representations or warranties of any kind. To the full extent permitted by law TITLESTAND and their affiliates (collectively, the " TITLESTAND Businesses") disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the TITLESTAND Businesses do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.
The TITLESTAND Businesses do not endorse nor make any warranties or representations about the options or other service or data you may access, download or us as a result of the use of the information contained on the website, or about an website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
The TITLESTAND Businesses make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.
The TITLESTAND Businesses assume no risk or responsibility for your use of any of the content provided on this website.
Limitation of Liability
Under no circumstances, shall the TITLESTAND Businesses or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any TITLESTAND Business has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the TITLESTAND Businesses under such circumstances for liabilities that otherwise would have been limited our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
Exclusion of Liability
TITLESTAND cannot guarantee that its web site(s) shall be available on an uninterrupted basis and we will not be liable for any losses, costs or damages resulting from its web sites not being accessible or for delays in access.
Access to and use of its web sites are at the user's own risk and we cannot warrant that the use of its web sites or any material downloaded from it will not cause damage to any property, including but not limited to loss of data, computer viruses, Trojan horses and others. In addition, we accept no liability in respect of losses or damages arising out of changes made to the content of its web sites by unauthorised third parties.
You agree to defend, indemnify and hold harmless TITLESTAND and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney's and expert witness' fees) arising by reason of your purchase or use of the web site or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.
You agree to the use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. Your consent applies only to this transaction. you hereby waive any objection you may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
Consent to Binding Arbitration before the American Arbitration Association
You hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association ('AAA'). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in FL, US, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA's Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply FL, US law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it's own cost and attorneys' fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys' fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys' fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators' award.
No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Information we collect and how we use it:
In order to provide our full range of services, we may collect the following types of information:
- Information you provide - When you sign up for a TITLESTAND account, we ask you for personal information (such as your name, physical address or email address and a password for your account)
- Log information - When you use TITLESTAND services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications - When you send email or other communication to Titlestand.com, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
- Affiliated sites - We offer some of our services in connection with other web sites. Personal information that you provide to TITLESTAND may be sent to our affiliates in order to deliver their service. We process such information in accordance with this Policy.
- Links – TITLESTAND may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our customized content.
- Providing our products and services to users, including the display of customized content and advertising;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Ensuring the technical functioning of our network; and
- Developing new services.
TITLESTAND processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country
Short Message Service (SMS), Telemarketing
Company does not guarantee that your use of the SMS or Telemarketing Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS or Telemarketing Service. You may opt out of the SMS or Telemarketing Service at any time by replying "STOP", "END", or "QUIT" to the SMS text message you have received.
Choices for personal information
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent. You can decline to submit personal information to any of our services, in which case TITLESTAND may not be able to provide those services to you.
TITLESTAND may share the information submitted under your account among all of our services in order to provide you with a seamless experience and to improve the quality of our services.
We provide contact lists to third party companies that we have employed to provide us with specialized services, including customer service, subscription fulfillment, research, statistical analysis, list cleansing, postal mailings, email deployment, telemarketing, and other information services. We only deal with third party companies whom we believe share our commitment to privacy and who will keep your information secure. From time to time our sponsors wish to contact our subscribers.
TITLESTAND may share personal information with other trusted advertisers, third party marketers, our affiliated entities for their online and/or offline marketing programs. As a result, you may receive information on additional products, services and offers that may be of interest to you. While TITLESTAND strongly encourages clients and partners to adopt responsible approaches to online marketing, TITLESTAND is not responsible for the information practices of clients or their partners. The collection, use, and disclosure of information by clients and partners are subject to their respective privacy policies, which may differ from TITLESTAND policy.
TITLESTAND may release account and any other personal information when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety TITLESTAND of or others. This includes exchanging information with other companies and organizations for fraud protection.
Moreover, if you submit to TITLESTAND comments, photographs, videos, music, text or other content, it may be published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content, and we may use the content and any excerpt from the content in connection with advertising, marketing, publicity and promotional activities. Please also see "Submissions" in our Terms and Conditions, which governs any content you submit through the Web Sites. Please note that information submitted to the Web Site via a "contact us," "help" or other similar e-mail address or form will not necessarily receive a response.
Please contact us for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Accessing and updating personal information
We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary. We provide mechanisms for updating and correcting your personally identifying information for many of our services. For more information, please see the help pages for each service.
Persons under 18 years of age are not allowed to participate in services offered by Titlestand.com. No information should be submitted to, or posted at, any TITLESTAND web site(s) by visitors under 18 years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
TITLESTAND regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or TITLESTAND treatment of personal information by contacting us through this web site. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between TITLESTAND and an individual.
Changes to this policy
This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. By ordering from TITLESTAND or utilizing services of TITLESTAND, you hereby acknowledge that you have read the above terms and conditions, understand them, and agree to be legally bound by them.
Enforcement of Terms and Conditions
By accessing and using the TITLESTAND website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of UT, US.
Information or Complaints
If you have a question or complaint regarding the Site, please send an e-mail to support@Titlestand.com.
Any such disputes shall be resolved by TITLESTAND at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Titlestand.com.
Adobe Flash Player
For devices able to run Flash, our Digital Editions require Flash Player to be installed on the User’s device. For non-flash devices and mobile, we utilise HTML5. Your device will automatically be detected by our Editions on launch.
Flash eBook Viewer
For devices able to run Flash, we utilise an open source GPL ‘flash ebook viewer’ v1.x (2009) from http://www.megazine3.de which is free for private and commercial use under the terms of GPL 3.x. Our modified version of the ‘flash ebook viewer’ is available under the terms of GPL license – click here - but we offer no support or future enhancements.