Reader Terms & Conditions
Subscribing as a reader and a user on our publishing portal you agree to the terms and conditions set out in this agreement.
This agreement is entered into when the User sign up for an account with T.M. Caruana and is terminated when the reader cancels the subscription. This agreement is involving the parties: the subscriber (the “User”) and T.M. Caruana (the “Company”); on its own right and behalf of the creator of the works (the “Author”).
The User confirms that he/she is 18 years or older and are able to enter into legal contracts, or have the authorisation from their legal guardian to do so.
WHEREAS, the parties wish respectively to publish and buy to read, a book(s) in a series (referred to as the “Work”). The Works’s full rights belongs to T.M. Caruana and will never and in no circumstances be transferred to the User. The User only purchase the view access in order to read the works.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby acknowledge, the parties hereto agree as follows:
SERVICE TERMS AND CONDITIONS
The User agrees:
i) and confirms that any and all pages submitted to them by the Author or T.M. Caruana is the rightful intellectual property and copyrighted material of the Facilitator. The submission of material for reading and/or reviewing privileges made exclusively under this agreement is in no way to be represented as purchased and/or bought property.
ii) agrees that under no circumstances will they redistribute, copy (either electronically or physically), share, or make public any material in any faction of size or quantity, including the title of work presented to the Reader to any third party outside of this Agreement. The Reader understands that this includes but is not limited to piracy and duplicating the manuscript in any form.
iii) All books published by T.M. Caruana are work of fiction. Names, characters, places and incidents either are the product of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events, or locales is entirely coincidental.
Copyright © by T.M. Caruana with all rights reserved. The books or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the T.M. Caruana except for the use of brief quotations in a book review.
To use the functions of ww.tmcaruana.com you will have to register for a user subscription account and thereby provide certain information about yourself as prompted by the account registration form. By registering to an account you warrant that all information provided are truthful and accurate and that you acknowledge that you are responsible for updating the provided information. You also warrant that you will maintaining the confidentiality of your Account login information and be fully responsible of all the activities that occurs under your account. You also warrant that you will not share your login details with anyone else, let any other user log into your profile or any other way share the products which you have purchased from T.M. Caruana.
The Company reserves the right, at any time, to modify, suspend, or discontinue any Accounts and the www.tmcaruana.com Sites (in whole or in part) with or without notice to the users. The user agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof. The user acknowledge and agree that Company will have no obligation to provide the user with any support or maintenance in connection with the Accounts or the Sites.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Sites and Services, solely for your own personal, noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites or Services, whether in whole or in part, or any content displayed on the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Sites (or on any content displayed on the Sites) must be retained on all copies thereof.
The User acknowledge that between the User and the Company, all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Sites and its content are owned by Company. Neither these Terms (nor your access to the Sites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights and there are no implied licenses granted under these Terms.
4. LIMITATIONS OF USE
The User agrees not to use the Sites to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (v) that violates T.M. Caruana terms and conditions.
In addition, the User agrees not to: (i) upload, transmit, or distribute to or through the Sites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Sites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Sites to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Sites (or to other computer systems or networks connected to or used together with the Sites), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Sites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Sites.
5. ADULT CONTENT
Some of the sections of the Sites, such as “Steamy Paranormal Romance,” may include mature subject matter or content that may not be appropriate for children under 18 years of age. If the User are under 18 years of age the User is not permitted to access such content.
6. THIRD PARTY COLLABORATIONS
This Site may contain affiliate links or display advertisements of third parties’ products, services or websites. T.M. Caruana solely proved access to these Third Party links and ads as a convenience to you and does not review, approve, monitor, endorse, warrant or make any representation thereof, and hence the use of these links or ads should be used at the Users on risk.
The User acknowledge that T.M. Caruana do not have any control over such offers, deals and incentives, and the company do not guarantee that any third-party offer, deal or incentive we publish will be made available or fulfilled by the provider.
Fees for e-books, paperbacks or merchandise sold on the Site will be stated at the time of the User’s purchase. Once the User has purchased the content the works will be available to access and read online or to be downloadable (exception for pre-order which will have a set future delivery date). The fees charged to the User may be subject to third party payment transaction charges and to taxation.
The Company have the right to decline any request of refund or returns of books or merchandise after they have already been supplied to the Author or Reader unless it can be proven that the book has become damaged during delivery due to a fault by the Company.
Both the User and the Company has the right to cancel their subscription and terminate the account and this service agreement at any time and for any reason without incurring any charges.
9. GOVERNING LAW
The Agreement is to be construed in accordance with and governed by the internal laws of Gibraltar.
All disputes under this Agreement shall be discussed to the best of the parties’ abilities before involvement of the court, giving both parties the opportunity to justify any errors or injustices.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEITHER PARTY’S LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO THE COMPANY DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY THE READER.
THE SITES AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. ENTIRE AGREEMENT; AMENDMENT:
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the parties.
14. WARRENTIES AND INDEMNITIES
The User warrants that she/he agree and confirms:
i) that any and all pages submitted to them by the Author or T.M. Caruana is the rightful intellectual property and copyrighted material of the Facilitator. The submission of material for reading and/or reviewing privileges made exclusively under this agreement is in no way to be represented as purchased and/or bought property.
ii) that under no circumstances will they redistribute, copy (either electronically or physically), share, or make public any material in any faction of size or quantity, including the title of work presented to the User to any third party outside of this Agreement. The User understands that this includes but is not limited to piracy and duplicating the manuscript in any form.
In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, (i) the Company shall have the right to defend the same through counsel of its own choosing, and (ii) no settlement shall be effected without the prior written consent of the Reader, which consent shall not unreasonably be withheld, and (iii) the Reader shall hold harmless the Company, any seller of the work, and any licensee of a subsidiary right in the work, against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the Reader’s indemnity hereunder shall be limited to fifty percent (50 percent) of the expense (including reasonable counsel fees) attributable to such defense or settlement; however, such limitation of liability shall not apply if the claim, action, or proceeding is based on copyright infringement. If any such claim, action, or proceeding is instituted, the Company shall promptly notify the User, who shall fully cooperate and shall have the right but not the obligation to participate in the defense thereof, and the Company may withhold payments of reasonable amounts due her/him under this or any other agreement between the parties. These warranties and indemnities shall survive the termination of this agreement.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.