Terms and Conditions

GENERAL WEB SITE TERMS AND CONDITIONS

FRITZEN PUBLISHING LLC

(Last updated 2/13/2018)

This Web site is provided by Fritzen Publishing LLC. If you have any questions regarding the Web site or these Terms and Conditions, please contact us at support@fritzenpublishing.com.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CALUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND FRITZEN PUBLISHING LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND FRITZEN PUBLISHING LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1.      Definitions.

References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.

References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.

References to “us,” “we,” “our,” and/or “Fritzen Publishing,” mean Fritzen Publishing LLC, a Delaware limited liability company registered to do business in the state of New York.

References to the “Web site” mean the Web sites bearing the URL www.fritzenpublishing.com and as well as any other Web sites owned and/or operated by us under the Fritzen Publishing brand.

References to “you,” and/or “User” mean the User of the Web site.

1.2.      Agreement to be Bound.

The following Terms and Conditions, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Web site you represent that you are at least eighteen (18) years old (or have the consent of your parent or guardian,) have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.

These Terms and Conditions are subject to the Privacy Policy as well specialized Terms of Service or Use for the Service for registered Users.

SECTION II: GENERAL PROVISIONS

2.1.      Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on the Web site is not accurate, complete or current. You acknowledge that the Web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Web site is at your own risk.

2.2.      Errors in Web Site.

We do not warrant that any errors in the Web site will be corrected.

2.3.      Modifications and Changes to Terms and Conditions.

We may modify, add to, suspend or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.

2.4.      Modifications and Changes to the Web Site.

We may modify, add to, suspend, or delete any aspect of this Web site offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.5.      Access to Web site.

Though we try to make the Web site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site will be at all times available.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site.

2.6.      Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Web site any reason at any time in our sole and exclusive discretion.

2.7.      Prohibited Uses of Web site.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

SECTION IV: INTELLECTUAL PROPERTY; PRIVACY

3.1.      Intellectual Property Rights Not Waived.

This is an agreement for access to and use of the Web site, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Web site is protected by U.S. and, where applicable, international intellectual property laws. The Web site belongs to us and is the property of us or our licensors (if any). We retain all ownership rights in the Web site.

Furthermore, all material displayed or transmitted on this Web site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and/or our licensors and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided these Terms and Conditions, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

You may make a single print copy of any Materials provided by us on this Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Web site without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to support@fritzenpublishing.com.

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Web site in accordance with these Terms and. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.

3.2.      Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Fritzen Publishing LLC or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently-developed or considered by us, shall be without obligation to you.

3.3       Grant of License in Samples.

We may from time to time grant copies of sample products (such as pages from our adult coloring books) to reviewers and other Users. In such an event, said User is granted a limited, revocable right and license to use said sample product only and obtains no ownership or any other rights therein to copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the sample product absent our written permission.

3.4.      Rights in User Submissions.

Should you submit, display, publish or otherwise post any content to our social media pages or otherwise share with us your use of our products (such as a completed page from one of our adult coloring books) (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

SECTION IV: Third-Party Advertisements, Promotions, and Links

4.1.      Third Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from Third Parties on the Web site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site.

4.2.      Use of Third-Party Tools.

We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.

Any use by you of optional tools offered through the Web site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).

We may also, in the future, offer new services and/or features through the Web site, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms and Conditions.

4.3.      Third-Party Links.

Certain content, products and services available via our Web site may include materials from Third-Parties.

Third-Party links on the Web site may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites, or for any other materials, products, or services of Third-Parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the Web site. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.

SECTION V: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

5.1.      Disclaimer of Warranty; Limitation of Liability.

(A) YOU AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS WARRANT THAT THE use of the Web site SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE WEB SITE, DOWNLOADABLE SOFTWARE, PRODUCTS, SAMPLES, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESS NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE.

(D) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE.

(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE.

(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID TO US BY YOU FOR THE PURCHASE OF OUR FRITZEN PUBLISHING LLC PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00,) WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

5.2.      INDEMNIFICATION.

You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site by any other person using your information.


SECTION VI: GOVERNING LAW; ARBITRATION

 

6.1.      Governing Law.

These Terms and Conditions shall be governed and construed in accordance with the laws of the state of Delaware without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Albany County, New York, and any cause of action that relates to or arises from these Terms and Conditions and/or the Web site must be filed therein unless subject to the binding arbitration provisions of Section 6.2, infra.

6.2.      Arbitration.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND FRITZEN PUBLISHING LLC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

You and Fritzen Publishing LLC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Web site that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Fritzen Publishing LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

If you choose to arbitrate with Fritzen Publishing LLC, you will not have to pay any fees to do so. That is because Fritzen Publishing LLC will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Fritzen Publishing LLC will pay that forum’s fees as well.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Fritzen Publishing LLC The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Fritzen Publishing LLC.

YOU AND FRITZEN PUBLISHING LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fritzen Publishing LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Fritzen Publishing LLC over whether to vacate or enforce an arbitration award, YOU AND FRITZEN PUBLISHING LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 6.1.

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

You may opt out of this arbitration agreement. If you do so, neither you nor Fritzen Publishing LLC can force the other to arbitrate. To opt out, you must notify Fritzen Publishing LLC in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Fritzen Publishing LLC username and the email address you used to set up your Fritzen Publishing LLC account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Fritzen Publishing LLC, ATTN: Arbitration Opt-Out, 18 Elm Place, Albany, New York, 12203, or email the opt-out notice to support@fritzenpublishing.com.

Notwithstanding the foregoing, either you or Fritzen Publishing LLC may bring an individual action in small claims court.

This arbitration agreement will survive the termination of your relationship with Fritzen Publishing LLC.

SECTION VII: MISCELLANEOUS

7.1.      Affiliate Disclosure.

We may have an affiliate relationship with Third-Parties and affiliates to whose products  we link and promote through the Web site, including but not limited to Amazon Services LLC. Because of this relationship we may earn a commission on products purchased by a User from a Third-Party affiliate.

7.2.      Different and Conflicting Terms.

We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

7.3.      Authority.

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.

7.4.      Waiver.

Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

7.5.      Force Majeure.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

7.6.      Assignment.

We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion.

7.7.      Rights of Third Parties.

These Terms do not give any right to any Third Party unless explicitly stated herein.

7.8.      Relationship of the Parties.

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.

7.9.      Severability.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

7.10.    Additional Web Sites.

We reserve the right, in our sole discretion and from time to time, to offer additional Web sites, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.

7.11.    Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Fritzen Publishing LLC, ATTN: Legal Notice, 18 Elm Place, Albany, New York, 12203, and, in the case of any User, to the email address you provide to us. Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon registration for use of a Service. In such case, notice shall be deemed given three days after the date of mailing.

7.12.    Updates.

From time to time, and at our sole discretion, Fritzen Publishing LLC may make changes to these Terms.  Fritzen Publishing LLC will endeavor to give Users thirty (30) calendar days’ notice of such changes via a push notification, posting of the changes to the Terms, and/or an email, but will not be liable for any failure to do so.  Should you choose to continue your use of the Web site following any change to these Terms, your continued use will constitute acceptance of and agreement with such changes.