Terms and Conditions
Last updated: March 2021
These Terms and Conditions (the “Terms”) govern your use of the Service (the “Service”) which includes but is not limited to: the Book Excellence Awards website, the Book Excellence Awards Competition and any other materials produced and distributed by the Book Excellence Awards and/or Literary Excellence Incorporated.
Please read these Terms carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms in full and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Literary Excellence Incorporated and are protected by copyright and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Literary Excellence Incorporated. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark and/or logo of Literary Excellence Incorporated or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. No copying, storage, redistribution or publication of any material is permitted without the express permission of Literary Excellence Incorporated and these Terms.
User Generated Content
User Generated Content (hereby referred to as, “User Generated Content”) means material (including without limitation books, marketing materials, text, images, audio material, video material and audio-visual material) that you upload to the website for any purpose. We do not claim copyright or ownership of any User Generated Content.
You grant Literary Excellence Incorporated a worldwide, irrevocable, non-exclusive, royalty-free license to use and distribute your User Generated Content in any existing or future media only for the purpose of carrying out the Service. You also grant Literary Excellence Incorporated the right to sub-license these rights.
User Generated Content cannot be illegal or unlawful, it must not infringe on any third party’s legal rights, and it must not give rise to legal action being raised against you, Literary Excellence Incorporated or a third party.
You cannot upload any material to the website that is or has been the subject of any threatened or actual legal action or similar complaint.
Literary Excellence Incorporated reserves the right to change or remove any material and/or User Generated Content uploaded to this website, or stored on Literary Excellence Incorporated’s servers, or hosted or published on this website.
If you wish to purchase any product or service made available through Literary Excellence Incorporated for the Book Excellence Awards (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable should there be a failure in the completion of the Purchase, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the website.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time and/or without prior notice.
Despite our best efforts, the products or services available on our website may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Book Excellence Awards and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Links To Other Web Sites
Literary Excellence Incorporated websites may contain links to third-party web sites or services that are not owned or controlled by Literary Excellence Incorporated. Literary Excellence Incorporated has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Literary Excellence Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to Literary Excellence Incorporated services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Literary Excellence Incorporated services will immediately cease.
You agree to indemnify, defend and hold harmless Literary Excellence Incorporated, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.
Limitation Of Liability
Literary Excellence Incorporated, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Literary Excellence Incorporated Services; (ii) your inability to access or use the Literary Excellence Incorporated Services; (iii) any conduct or content of any third-party on or related to the Literary Excellence Incorporated Services; (iv) any content obtained from or through the Literary Excellence Incorporated Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Literary Excellence Incorporated makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. YOUR USE OF THE Literary Excellence Incorporated SERVICES ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Literary Excellence Incorporated Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Literary Excellence Incorporated its subsidiaries, affiliates, and its licensors do not warrant that a) the Literary Excellence Incorporated Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Literary Excellence Incorporated Services are free of viruses or other harmful components; or d) the results of using the Literary Excellence Incorporated Services will meet your requirements.
IF YOU BREACH ANY OF THESE TERMS AND LITERARY EXCELLENCE INCORPORATED CHOOSES NOT TO IMMEDIATELY ACT, OR CHOOSES NOT TO ACT AT ALL, LITERARY EXCELLENCE INCORPORATED WILL STILL BE ENTITLED TO ALL RIGHTS AND REMEDIES AT ANY LATER DATE, OR IN ANY OTHER SITUATION, WHERE YOU BREACH THESE TERMS. LITERARY EXCELLENCE INCORPORATED DOES NOT WAIVE ANY OF ITS RIGHTS. LITERARY EXCELLENCE INCORPORATED SHALL NOT BE RESPONSIBLE FOR ANY PURPORTED BREACH OF THESE TERMS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL. A PERSON WHO IS NOT A PARTY TO THESE TERMS SHALL HAVE NO RIGHTS OF ENFORCEMENT.
YOU MAY NOT ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Literary Excellence Incorporated Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. Notice will be given by an updated date posted in these Terms. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Literary Excellence Incorporated Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Literary Excellence Incorporated Services.
If you have any questions about these Terms and Conditions, please contact us by clicking here.