The Friedman Archives
General Terms and Conditions
All of the downloadable e-books purchased from FriedmanArchives.com and FriedmanArchivesPress.com come with an unconditional 2-week money-back guarantee. Buy and download the .pdf, .mobi, and/or .epub formats and plow through them for two weeks. If you don't think this book offers the clearest explanations, if you didn't end up learning anything new, or it is not the single best value in terms of dollars-per-knowledge ratio, just send an email to [email protected] and your purchase price will be refunded. How can you lose? Gary's books have introduced thousands of people to the joys of photography in a very intuitive way, and his books have been universally praised for being the best out there for the Sony cameras, which makes this an easy offer to make. (This offer does NOT apply to the printed version of the book, for obvious reasons.)
The Legal Stuff: Terms and Conditions for FriedmanArchives.com and FriedmanArchivesPress.com
1. Definitions, Scope of Application
1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to the use of the Online Shop at www.FriedmanArchivesPress.com (“Online-Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by Friedman Group, Inc.
1.2 As used in these T&C, the term “Customer” shall refer to buyers of digital and print products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Friedman Group, Inc. has expressly confirmed same in writing.
2. Friedman Group’s Performance
2.1 In the Online Shop, Friedman Group offers books, magazines, electronic books (“eBooks”), and downloadable videos (“ePapers”) for sale. The specific items and prices can be gathered from the details provided in each case at the Online Shop.
2.2 After placing an order for them, Customers can download and store eBooks on all computing devices that they own.
3. Technical Requirements for Using Digital Content
3.1 For using digital content and in particular for reading and storing the eBooks and ePapers, the Customer needs normal Internet access and a program for viewing PDF documents.
4. Use of the Online Shop
4.1 Customers intending to place orders at the Online Shop must first register to use the Online Shop.
4.2 The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
4.3 The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4 Friedman Group, Inc. is entitled to turn down individual registrations for the Online Shop without stating any reasons.
5. Access Data
5.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to Friedman Group. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorization. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Friedman Group about the unauthorized usage of access data or their loss, and has changed his or her password, if necessary.
- If incorrect data are provided during registration, and/or
- If access data (esp. the password) is disclosed without authority to do so,
Friedman Group shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Friedman Group’s express prior approval.
6. Purchase of Print Products and Digital Content
6.1 The Customer has the option of ordering individual issues of certain books print products and/or as eBooks or ePapers by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
6.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Friedman Group accepts this proposal by sending order confirmations by email, whereupon the contract is formed.
6.3 The Customer does not have any revocation right when purchasing or subscribing print magazines via our print-on-demand publishing partner, Lulu.com.
6.4 REVOCATION POLICY FOR THE PURCHASE OF EBOOKS
You may revoke your declared intention to conclude a contract within 14 days in text form (e.g. by post, fax, email) without stating the reasons. The period shall commence on receipt of this Revocation Policy in text form, but not before the goods have been delivered to the recipient (in the case of recurring deliveries of similar items, not before receipt of the first delivery) and not before we have honored our obligations to furnish relevant information. In order to meet the deadline for such revocation, it is sufficient to send the revocation notice before the period expires.
The revocation notice must be sent to: [email protected]
8. Delivery of Digital Content
8.1 eBooks and/or ePapers are delivered in various downloadable formats.
8.2 For delivery purposes, the Customer can click on a button on FriedmanArchivesPress.com’s website after conclusion of the contract, which triggers the downloading of the respective ebook files.
10. Prices, Terms of Payment
10.1 The prices for the individual goods are stated in the respective presentation of each item.
10.4 Unless otherwise agreed, payment for an individual order of a print product, or for one-off retrieval of an eBook or ePaper, must be made in advance and shall fall due for payment immediately on completion of the order.
10.7 If the Customer fails to honor his or her payment obligations, or if any amounts paid are reverse-charged, Friedman Group Inc. shall be entitled to block the Customer’s access to the Online Shop, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
11. Rights of Use for Digital Content
11.1 Digital content shall be delivered to the Customer by making the eBook or ePaper available in PDF and possibly other electronic formats.
11.2 The strictures of copyright law shall apply. The Use of eBooks or ePapers is permitted, inter alia, for the Customer’s own purposes. If the Customer downloads an eBook or ePaper, the file may be stored on the end device used by the Customer personally. Any other or more extensive types of use and exploitation shall be permissible only pursuant to the provisions of the law. Thus the following in particular are not permitted: selling additional copies, adapting or redesigning the eBook or ePaper, and publishing or exploiting the item thus made; passing on the eBook or ePaper to third parties, or lending it out or otherwise circulating it; and making the eBook or ePaper publicly accessible or sending it to third parties. This also covers use in an intra- or extranet. The above rules also apply to any additional content that is retrieved from eBooks or ePapers as a source.
11.3 Clause 11. 2 above additionally shall apply not only to the eBook or ePaper in its entirety, but rather to all the individual articles, photographs, and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.
11.4 Friedman Group Inc. reserves the right to mark the Customer’s eBook or ePaper with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Friedman Group Inc. reserves the right to mark the eBook or ePaper and individual content items by other means that are not necessarily evident to the Customer. Finally, Friedman Group Inc. reserves the right to equip the eBook or ePaper with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights.
11.5 Friedman Group reserves the right to block the Customer’s access to the retrieval of his or her eBook(s) or ePaper(s) if the Customer has acted in breach of Clause 11.2 above, or has enabled third parties to use or exploit an eBook or ePaper or parts thereof without authority to do so. Friedman Group likewise reserves the right to block and/or prohibit access to PDF files of the eBook(s) or ePaper(s) the Customer has already downloaded if the Customer has acted in breach of Clause 11.2 above, or has enabled third parties to use or exploit an eBook or ePaper or parts thereof without authority to do so.
12.1 Friedman Group shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
12.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardizes attainment of the very purpose of the contract.
12.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
12.4 In all other respects, liability towards Friedman Group and its vicarious agents – for whatever cause in law – is hereby ruled out.
12.5 Where damages sustained by the Customer result from loss of data, Friedman Group shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
16.1 California shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Friedman Group and the Customer.
16.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the United States or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
16.3 U.S. law shall apply exclusively.
16.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.
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