Acceptance of Terms
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at stjosephaudio.com/terms-of-service.
Scope of Service
Upfront Books maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover.We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Upfront Books the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Upfront Books will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://stripe.com/checkout/legal. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
We use a third party payment service in lieu of directly providing the audiobook to you. By submitting your name, email address, and password, you grant Upfront Books the right to store and process your information, as well as provide it to the third party service, which it may change from time to time; you agree that Upfront Books will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://mysoundwise.com/terms.Local Taxes
You may be charged local sales tax or VAT, if applicable.International Access
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.Limitation of Liability
IN NO EVENT SHALL UPFRONT BOKOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.YOU AGREE UPFRONT BOOKS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO UPFRONT BOOKS IN THE THEN-PRIOR CALENDAR MONTH. Indemnification
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Upfront Books from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
Upfront Books services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Upfront Books and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
When you register to participate in Upfront Books services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Upfront Books, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's access to the audio experience in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law.All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Upfront Books. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Upfront Books.Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms and Conditions, please contact email@example.com.Copyright © 2020, Upfront Books LLC. All Rights Reserved.
PERSONAL INFORMATION WE COLLECT
We collect personal information about you from a variety of sources. We collect information from you directly (e.g., when you contact us, provide feedback, sign up for emails, or purchase products or subscriptions), automatically, (e.g., data collected from cookies), and from other sources, including commercially available sources, such as providers of consumer insights (consistent with applicable law).By visiting our Sites, downloading or using our Apps, and/or using the features made available to you through the Platforms, you are agreeing to the terms of this Policy.The personal and other information that we collect about you is controlled by Upfront Books LLC, which is headquartered in the United States at 221 Canal Street, Floor 5, New York, New York 10013.
Information we collect directly from you
The categories of information that we may collect directly from you include the following: Identifiers, such as your name, postal address, email address, account name, and other similar identifiers; Demographics, such as your gender, age, and veteran status;Commercial information, such as products or services purchased, other transactions, or consumption histories or tendencies; Payment information (e.g., Credit card or debit card numbers and expiration dates); and Photos, audio, and video, such as photographs for identification, voice recordings of business calls, or information collected via video cameras at our facilities.
Information we automatically collect about you
Information we collect from other sources
We may collect information from other sources. For example:Identifiers. We collect contact information such as email addresses from marketing services, data suppliers, and social media services.Commercial information. We collect information on your purchasing history and potential interests from data supplementation services.Demographics, such as your gender, age, or veteran status provided by marketing companies, data supplementation services, social media services, and digital advertising companies;Internet or other electronic network activity information. We collect information from third parties that provide analytics or digital marketing services.We may combine personal information collected through the Platforms with other information that we or third parties collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We will treat such combined information as personal information and protect it in accordance with this Policy.
HOW WE USE THE INFORMATION THAT WE COLLECT
Upfront Books uses the information that we collect for a variety of purposes, including: to respond to your questions or requests concerning the Platforms or other services offered by Upfront Books or our partners; to fulfill the terms of any agreement you have with us; to provide such information to our publishing parts, including publishers and authors; to fulfill your requests for our services and orders for products or otherwise complete a transaction with you; to manage your participation in surveys, contests, or promotions; to send you information about our services, the status of any orders, and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to authenticate billing and identification information; to deliver confirmations, account information, notifications, awards, service-related announcements, and similar operational communications; to improve or personalize your user experience; to improve the quality of our products and services; to protect our rights and interests; to analyze how visitors use and interact with the Platforms; to learn about users’ demographics, interests, and behavior; to provide you with advertising that we believe suits your interests; to comply with legal and/or regulatory requirements; and to manage our business.We may partner with certain third parties to collect, analyze, and use information collected via the Platforms or in email communications from Upfront Books. This information may be used for a variety of purposes, including online behavioral advertising, as discussed below (see the section entitled "How we share personal information with third parties").We also may use information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Upfront Books or our partners. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by clicking on the "unsubscribe" link in any promotional email.If you choose to use our referral service to tell a friend about our products or services, we will ask you for your friend’s name and email address. We will automatically send your friend emails inviting him or her to visit the Platforms. This personal information may be used to track the success of our referral program. Your friend may opt out of receiving these emails.HOW WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES
We may share certain categories of your personal information by disclosing it to our service providers, business partners, or affiliates to achieve our business purposes. We may disclose your personal information in the following circumstances:
Service providers and business partners: We engage service providers and business partners to assist us with operating and providing you our services. These service providers or business partners may perform marketing services, help us process or ship orders, support email and messaging services, support our online advertising efforts, help us learn about customer trends and interests, and analyze information. Some of our service providers or business partners may engage their own service providers or business partners to further assist us. Unless otherwise specified, these companies will only use your personal information in the ways described in this Policy.
In the context of a transaction: We may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. The following categories of your personal information may be shared with these parties:
Payment information; and
Pictures, audio, and video;
We do not sell your personal information in exchange for money. However, we may disclose information to third parties in exchange for analytics, insights, marketing support, or other valuable services. California law treats such disclosures as “sales” even though the information is not exchanged for money. We disclose the following categories of information for such purposes:
Internet or other electronic network activity information; and
Inferences regarding preferences or other characteristics.
Upfront Books uses commercially reasonable physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). Please be aware, however, that no security measures are perfect or impenetrable. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet.Your Choices and Rights
You can stop email marketing from us or our partners by using the “opt out,” or “unsubscribe” mechanism at the bottom of our email marketing messages. We may give you a choice about stopping just one kind of email or opting out of all email marketing from us.If you want to learn more about the personal information that Upfront Books has about you, or you would like to update or change that information, or deactivate your account, please contact us by email at info@upfrontbooks. Note that deactivating your account does not cause your account information to be deleted from our servers. Depending on where you live, you may have certain rights regarding your personal information. For example, you may have one or more of the following:
Right to Know: request information about the personal information that we collect, use, disclose, and sell.
Right to Delete: request the deletion of personal information that we have collected, though we may be permitted to retain personal information for certain purposes;
Right to Opt-out of Sales: We do not share your information with third parties in exchange for money. However, we may disclose information to third parties in exchange for analytics, insights, marketing support, or other valuable services. Some states treat such disclosures as “sales” even though the information is not exchanged for money.
Non-Discrimination: We may not discriminate against you for exercising your rights under certain laws. We may, however, provide a different level of service or charge a different rate if the difference is reasonably related to the value of your information.
To exercise the rights you may have, please email us at firstname.lastname@example.org or click here: I want to exercise my rights. If you would like to exercise your right to opt out of the sale of your personal information, please click here: Do Not Sell My Info.If you are concerned about having cookies on your computer or device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer or device. However, if you choose to block or delete cookies, certain features of the Platforms may not operate correctly. You can:Disable browser cookies: Your browser may allow you to control cookies, some of which may enable third parties to collect data about your use of our websites. Instructions for blocking cookies on commonly used browsers can be found below. You must adjust the settings on each browser and on each device for which you wish to block cookies.
Instructions for blocking cookies from a specific website
Instructions for blocking cookies from a specific website
Disable Flash cookies: To disable Flash cookies, follow these instructions. This setting will need to be adjusted on each device for which you wish to block Flash cookies.Exercise interest-based advertising opt-outs: Certain advertising groups allow consumers to opt-out of receiving interest-based advertising from their respective members. You can use the links below to opt out. You will need to exercise these opt-outs on each browser on each device for which you wish to opt-out.
Digital Advertising Alliance opt-out
Network Advertising Initiative opt-out
Limit mobile device interest-based advertising: You can adjust your advertising preferences on mobile devices through your device settings:
iOS Devices: Go to Settings > Privacy > Advertising (at the bottom of the screen) > Turn on Limit Ad Tracking
Android Devices: Go to Google Settings > Ads > Opt Out of Interest-Based AdsInformation for Platform users from outside the United States
The personal and non-personal information that we collect through or in connection with the Platforms is transferred to and processed in the United States for the purposes described above. Upfront Books also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Platforms or by providing any personal or non-personal information to us, you expressly consent to such transfer and processing.
The Platforms are not directed to children under the age of 13, and Upfront Books will never knowingly collect personal or other information from anyone it knows is under the age of 13. Persons over 13 but under 18 years of age may use the Platforms only in conjunction with and under the supervision of a parent or legal guardian.
Changes to this Policy
We reserve the right to amend this Policy at any time. We will post all changes to this policy on this website, so you should review the Policy periodically. Any such amendments to this Policy may apply to information we collect in the future as well as any information we obtained prior to such amendment. If we make a material change to this policy, we will provide appropriate notice as required by law.
How to contact us
If you have any questions or comments regarding our Policy, please contact us at email@example.com.