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Terms of Service

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Updated: 07JAN13

Welcome to Redmund. Redmund Productions, a division of PME, LLC, and/or its affiliates and employees (“Redmund”) provide services, website features, products and services to you when you visit or shop at RedmundPro.com, use Redmund products or services, on the Internet or mobile devices, or use software provided by Redmund in connection with any of the foregoing (collectively, “RP Services”). Redmund provides the RP Services subject to the following conditions.

By registering for membership on Redmund Productions website (http://redmundpro.com), you agree to the following terms of service. Read them carefully.

RP Services (including manuscript submission, editing, layout, direct site submission and others) carry additional terms. Those terms are considered appended to and in conjunction with these, whether these are reiterated therein or not. In the event terms of an RP Service conflicts with these terms, the RP Service terms will prevail.

Privacy

Redmund’s privacy policy is available on the Privacy Policy page. It applies to use of the Redmund site and all RP Services. Please read it carefully to understand Redmund’s commitment to your privacy.

Electronic Communication

When you use any RP Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other RP Services. You agree all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement such communications be in writing.

Copyright

All content included in or made available through any RP Service, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Redmund or its content suppliers and protected by United States and international copyright laws. The entirety of all content included in or made available through any RP Service is the exclusive property of Redmund and protected by U.S. and international copyright laws.

All material contained in Redmund articles, pages, forum and comments are copyrighted, regardless of copyright notice being posted on each item. Comments submitted to any article, post or page are considered addenda thereto and become an inseparable part of thereafter.

Nothing contained on any subdomain of Redmund may be copied or reproduced in any form without the express, prior, written consent of Redmund.

All submitted content is copyrighted. The copyright is held by the author of the original content and is used under express license by Redmund. Such content, including images attached thereto, are incorporated as original to Redmund subject to all terms listed herein. Such content is only available to Redmund and the original author. Use thereof is prohibited without the express, prior, written consent of both Redmund and the author of such content.

All submissions to the Flash in the Pan anthologies are copyrighted. The copyright is held by the author of the original content and is used under express license by Redmund Productions. Such content, including images attached thereto, are incorporated as original to Redmund subject to all terms listed herein. Such content is only available to Redmund, Redmund Productions, PME, LLC and the original author. Use thereof is prohibited without the express, prior, written consent of both Redmund and the author of the Flash in the Pan submission.

All derivative work based of content found on Redmund must be linked appropriately to such content with prior written notice given to the Redmund. All rights are reserved to all material contained herein. To receive consent to use material or link for reference, send an email request through the contact page.

Trademarks, Branding and Logos

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any RP Service are trademarks or trade dress of Redmund in the U.S. and other countries. Redmund’s trademarks and trade dress may not be used in connection with any product or service that is not Redmund’s, in any manner likely to cause confusion among customers, or in any manner which disparages or discredits Redmund. All other trademarks not owned by Redmund which appear in any RP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Redmund, but are used under license.

License and Access

Subject to your compliance with these Terms of Service and your payment of any applicable fees, Redmund or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Redmund Services. This license does not include any resale or commercial use of any RP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any RP Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service or any Service Terms are reserved and retained by Redmund or its licensors, suppliers, publishers, rightsholders, or other content providers. No RP Service, nor any part of any RP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose whatsoever without express written consent of Redmund. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Redmund without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Redmund’s name, trademarks or trade dress without the prior express written consent of Redmund. You may not misuse the RP Services. You may use the RP Services only as permitted by law. The licenses granted by Redmund terminate if you do not comply with these Terms of Service or any Service Terms.

Your Account and Profile

If you use any Redmund Service, you are responsible for maintaining the confidentiality of both your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities which occur under your account or password. Redmund does sell products suitable for children, but it sells them only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use RP Services only with involvement of a parent or guardian. Redmund reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Your profile should accurately represent you. Use of pen names and avatars are acceptable such that they do not disparage others, present images otherwise prohibited to view by minors, engender hate or discriminate. All information contained in your profile are governed by the Privacy Policy.

Communication and Content

Members may post reviews, comments, photos, and other content; send personal communications; and submit suggestions, ideas, comments, questions, or other information, such that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, discriminatory or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, malware, tracking scripts or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a personal communication, post, review, suggestion or other content. Redmund reserves the right (but is not obligated) to delete or edit such content, but does not review all member posted content.

If you do post content or submit material, and unless we indicate otherwise in advance, you grant Redmund a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Redmund and sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant  you own or otherwise control all of the rights to the content that you post; the content is accurate; use of the content you supply does not violate this policy and will not cause injury to any person or entity; use of the content you supply does not violate any U.S. or international copyright or intellectual property law; and you will indemnify Redmund for all claims resulting from content you supply. Redmund has the right but not the obligation to monitor and edit or remove any activity or content. Redmund takes no responsibility and assumes no liability for any content posted by you or any third party on your behalf.

Redmund publishes erotica which, by its nature, is not advised or permitted for individuals under the age of 18. At no time will pornographic images or text be available on the site, submitted by Redmund, users or any third party. Some books will contain themes of sexual content and depictions of sex acts. By using the site, you aver you will not purchase materials meant for mature audiences and deliver them to minors. You also aver you are of legal age to purchase such materials.

Copyright Complaints

Redmund takes copyright seriously. If you believe content contained in any RP Service is your work and has been duplicated in a way which violates United States copyright or intellectual property laws, please immediately contact the Redmund administrator via the copyright complaint form located on the contact page.

Loss Risk

All Redmund items are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns and Refunds

Redmund does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Redmund does not take title to the refunded item. Refund of digital products is not available.

Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person, to copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Redmund software or digital products, whether in whole or in part, or create any derivative works from or of the Redmund software or digital products.

Product Descriptions

Redmund attempts to be as accurate as possible. However, Redmund does not warrant product descriptions or other content of any RP Service is accurate, complete, reliable, current or error-free. If a product offered by Redmund itself, specifically exclusive of contract provided products, is not as described, your sole remedy is to return it in unused condition.

Pricing

Pricing of aggregate, compilation or collection products are the aggregate price of the individual components of such collection as were originally set in the Service Terms producing such products. At Redmund’s sole discretion, certain collections will be offered at a reduced price, which will be reflected in your shopping cart.

In the event a product is mispriced in the Redmund catalog, credit will issue for any overcharge. If the price is higher than what was displayed in your shopping cart, Redmund will do one of the following: cancel the order in its entirety and notify you of the cancellation; contact you regarding your options prior to order fulfillment; remove the item with the price change from your order and issue a refund of the price paid for the item removed only.

Disclaimer of Warranty and Limitation of Liability

THE RP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RP SERVICES ARE PROVIDED BY REDMUND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. REDMUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RP SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REDMUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REDMUND DOES NOT WARRANT THE RP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RP SERVICES, REDMUND’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM REDMUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REDMUND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Right of Dispute

Any dispute or claim relating in any way to your use of any RP Service, or to any products or services sold or distributed by Redmund or through RedmundPro.com will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited; however, an arbitrator can award on an individual basis the same damages and relief as a court may (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

We each agree any dispute resolution proceedings will be conducted solely on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

We both agree you or we may bring suit in court to enjoin copyright infringement or other misuse of intellectual property rights. 

Applicable Law

By using any RP Service, you agree the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort which might arise between you and Redmund. The address for service of process for Redmund and PME, LLC is 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.

Policies, Modifications and Severability

Please read all Redmund policies. These policies also govern your use of RP Services. Redmund, and PME, LLC reserve the right to make changes to the site, policies, Service Terms and these Terms of Service at any time. If any of these terms be deemed invalid, void or for any reason unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

Last Update: 07JAN13