Promotional Products Terms, Conditions
& General Information
Note: The below material is just a general example of our preferred policies. We're into being flexible regarding most anything. (We'd actually prefer just a handshake, but the world being what it is...) Also realize it specifically applies to the "Magnet" product only. Due to a "Sponsorship's" customized nature much either doesn't apply or needs modification. When you decide to use the Library's products we'll mutually work out the specific details. ** GENERAL TERMS 1. All of our products must be paid for in full when you send in your order. Prices are fixed at your purchase price at the time of purchase for the length of your contract. There is no guarantee of price beyond what you have paid for. All pricing is subject to change without notice except what you have prepaid. If you want to lock in our current price for a longer than minimum term, then the amount covering the entire term must be paid. No refunds will be given once work is begun to place your product online. 2. Your contract term begins to run on the day your product, or as much of it you have supplied, is placed online. If, to reserve a product or lock-in prices, you order prior to sending the material to be put online, the term begins to run 10 days after we get your order. Subsequently supplied portions of a multi-part product will be online within 3 days of their receipt or you'll get pro-rated credit for any extra time until it is online. In other words, say you order The Magnet and send your Directory Listing information, but it takes you a week or three to prepare your Content Page material -- a situation we expect to be the rule rather than the exception. We'll put up your Listing ASAP, say the same day it is received, and the term begins to run then. Your Content Page material arrives 2 weeks later, but its brilliance and insights propel us into a state of satori and it takes us a week to return to earth and put it online -- four days will be added to your term. 3. If your product cannot be accessed for a continuous period of more than 12 hours, for any reason other than a general interstate internet breakdown, you'll get pro-rated credit for such time. This is the full extent of our liability to you for anything connected to, or arising from, any down time, interruption, lack of access, system failure, data loss, or unintentional error, omission or mistake. The Library will not be responsible for any harm, damage, ridicule, shunning, lynching, excommunication, imprisonment, or election to high public office that befalls you, arising from, or connected in any way to, the inclusion of your material in The Library. 4. Unless you request automatic renewal, we'll contact you prior to the expiration of your contract term for affirmative renewal. Renewals will be at the price published at that time. 5. We reserve the right to: A. Refuse to accept, add to, or renew any promotional product contract for any lawful reason, or without reason; B. Without notice and cost, edit the form or format, but not the content, of your material to meet technical specifications; C. Edit or modify descriptions of off-site links, notify you of such changes, and assume it is OK unless you instruct us otherwise within 3 days; D. Determine the Library location of your Content Page and all details of any additional Library display of it. 6. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. ** COPYRIGHTS, TRADEMARKS, INTELLECTUAL PROPERTY MATTERS 1. Copyright in all materials the Library produces/provides remains with the Library. Copyright in all materials you provide remains with you. You grant the Library exclusive online publishing rights for as long it displays the material, except you can use it at your own online site(s). Other than online, you are free to use it however you want. 2. All material is subject to The Library's general copyright policy: "Unless otherwise stated, a limited number of The Library's files may be copied and distributed by individuals for non-commercial purposes only. Format alterations are permitted but, no substantive changes to the file's content or attributions to source, author, or the Library are allowed." If you want a stronger copyright notice just put it in. 3. You agree and warrant that any material you submit does not violate or infringe the rights of any persons, including but not limited to, intellectual property rights, and is not actionable or intended to further any illegal scheme or purpose. And you agree to defend, indemnify and hold harmless the library and its officers, directors, employees, agents, etc., from any claims and expenses, including reasonable attorney's fees, relating to or arising out of any breach of this agreement and warrant, intentional or not. ** OTHER PRICE & PAYMENT INFORMATION 1. Non-profit organizations are entitled to a minimum %15 discount on the price of our promotional products and a minimum 50% if it provides all its goods or services without discrimination and charge, or for no more than actual cost. Please contact us with the details. Also, we can relate to being "in forma pauperis", so if you have a real problem with our prices contact us and maybe we can work something out. 2. One reason our prices are low is that we can get your product online cost/time-effectively -- if our directions are followed. However, if we need to reformat, edit or otherwise hassle with your submitted material we have to charge (we'll tell you first). This goes for any other work that you want us to do that isn't included in the product's price (e.g. creating graphics, creating an article for your Content Page, etc.) Our rates start at $150 an hour, with a 1/2 hour minimum. So be warned, and if possible, do it yourself. 3. There is no set-up charge for any of our standard products. However, each update to your material more than 10 days after it put online costs $75. It works like this: We'll notify you when your material is online; You then have ten days to notify us about any corrections or changes needed; If you want something altered 11 days after we notify you, it will cost $75 to update your material. 4. Payment must be in United States funds by money-order, cashier's check, bank draft, or check. There's a $30 returned check charge (what our bank charges us). ** COMMUNICATION, NOTIFICATION, DELIVERY/FORMAT OF MATERIAL 1. Unless you tell us otherwise, all notifications and other communication will be by e-mail, when practical and will be sent to the e-mail address you give us. If the e-mail is "bounced" or otherwise not completed we will make reasonable efforts to e-mail you again and if unsuccessful, will consider notification effective and will act in a manner that, in our sole discretion, is in your best interests. 2. Unless you otherwise request, all information you supply to us (other than any meant to be put online) will be treated confidentially and will be released to no one unless legally mandated or ordered by a court of lawful jurisdiction. 3. Most material you supply should be sent on 3½" IBM/DOS formatted diskettes (we can't work with MAC disks) although it is OK to send small amounts of text (no graphics) by e-mail. In any case: a). Make sure all text is in pure ASCII, with no word processor control codes embedded. Most word processor will allow you to export or save a file as ASCII. Also, remove any special graphics or characters (like bullets). If a character is not on your keyboard, don't use it. There is a $75 charge if we have to convert the material from another format (assuming we are able to.) b). Since we need to convert the material to html format we prefer there are no linebreaks. (If you don't know what we mean, don't worry.)
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