Terms of Use - Nika Maples

Last Updated September 26, 2023

Welcome to http://www.nikamaples.com (the “Site”), owned and operated by Bel Esprit Books, LLC, a Texas Limited Liability Company (“BEB”, “we”, “our”, or “us”). These Terms and Conditions of Use (“Terms”) set forth the terms and conditions which govern your use of the Site (collectively referred to under the “Site”). Please read this information carefully before using and working with BEB.

The Site (together with the documents on it) is a binding agreement and represents the Terms of Use for the Site. Please read these Terms of Use carefully before you start to use the Site. This Site is intended for individuals who are 18 years of age or older.

By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements. By visiting and using the Site, you indicate that you accept these Terms of Use and that you agree to fully comply and abide by them.

CONTENT

All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by BEB, with the exception of the content you submit to BEB set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of the Site does not grant you any ownership rights to the Content of the Site.

The reproducing in any format (including on another website) of any part of the Site (including content, images and designs) without BEB’s prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: admin@nikamaples.com

You may provide links to the Site as long as

You clearly give credit to Nika Maples as the author,
You include a hyperlink to the Site,
You do not remove or obscure any portion of the Site by framing or otherwise,
Your website does not engage in illegal or pornographic activities, and
Provided you do so in a way that is fair and legal and does not damage BEB’s or Nika Maples’s reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on BEB’s part without BEB’s prior written consent.

You must not provide links from any website that is not owned by you or for which you do not have written permission from the owner.

You must cease providing links to the Site immediately upon BEB’s request.

RELIANCE ON CONTENT

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Please refer to BEB’s Disclosures and Disclaimers for further information.

Every effort has been made to only provide accurate information. However, BEB disclaims all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on the Site and shall not be liable for any damages or harm.

CONTENT YOU SUBMIT TO BEB

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to BEB on the Site or on any of BEB’s social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to BEB”).

You expressly acknowledge and agree that once you submit the content to BEB, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not BEB, are entirely, and solely, responsible for all the content you submit to us. BEB does not claim ownership rights in the content you submit to BEB. However, you hereby grant to BEB a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the content in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that:

the content you submit to BEB is your original creation or you own the content or otherwise have the right to grant the license set forth above
the content you submit to BEB does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
the content you submit to BEB does not result in a breach of contract between you and a third party,
the content you submit to BEB does not contain any discriminatory, libelous, defamatory, obscene or otherwise objectionable material or content that violates BEB’s terms of use or those of BEB’s social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to BEB and for all royalties, fees, and any other monies owing any person by reason of the content you submit to BEB.

DISCLAIMER AND REPRESENTATIONS AND WARRANTIES

THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER BEB NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSENT THEIR WILLFUL OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL BEB, ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS (COLLECTIVELY “BEB PARTIES”) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.IN ALL CIRCUMSTANCES, ICL PARTIES’ MAXIMUM COLLECTIVE LIABILITY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $250.00 USD. ANY SUCH CLAIM MUST BE COMMENCED WITHIN SIX MONTHS OF THE FACTS GIVING RISE TO THE CLAIM OR A MINIMUM TIMEFRAME MANDATED BY STATUTE IF LONGER THAN SIX MONTHS.

NO WARRANTIES

BEB MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS SITE. BEB FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES THAT IT PROVIDES, INCLUDING ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, BEB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

COMMENTS

When you leave a comment on the Site, your comment will be publicly available to other visitors of this Site.

For spam detection purposes, BEB collects the data shown in the comments form, and also your IP address and browser user agent string in accordance with BEB’s Privacy Policy.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment on the Site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Your comment is checked through Akismet, an automated spam detection service.

You can request to receive an exported file of the personal data BEB holds about you, including any data you have provided to BEB. You can also request that BEB erase any personal data it holds about you. This does not include any data BEB is obliged or has a business need to keep for administrative, legal, or security purposes.

BEB reserves the right to remove any comment that BEB determines to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms.

PRIVACY POLICY

While using this Site, you may provide certain personally identifiable information, such as your name, email address or IP address.

BEB processes information about you in accordance with BEB’s Privacy Policy.

By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKS TO OTHER SITES

This Site may from time to time contain links to third-party sites.

BEB has no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.

BEB recommends that you review the privacy policy and terms and conditions of those third-party sites. Once you leave the Site, you are no longer governed by BEB’s Terms of Use.

EMBEDDED CONTENT FROM OTHER SITES

Content on this Site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

AFFILIATE LINKS

BEB may have a financial relationship with some of the merchants BEB mentions on the Site.

The Site may contain affiliate links, which means BEB may get compensated at no extra cost to you if you make a purchase through a link.

BEB is a participant in the Amazon Services, LLC Associates Program, an affiliate advertising program designed to provide a means for BEB to earn fees by linking to Amazon.com and affiliated sites.

BEB’s editorial content, including the opinions ICL expresses on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.

BEB only endorses products, services and merchants that it has personally used/tested and considers of the highest quality standard.

LICENSING TERMS FOR DOWNLOADABLE DIGITAL CONTENT

When purchasing a digital product from the Site or downloading a free digital product in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of the materials for your personal or internal business use only.

You acknowledge and agree that under this license you have no right to:

Modify, copy, reproduce or sell the materials;
Use the materials for any commercial purpose, except those included in your license agreement;
Decompile or reverse engineer the materials;
Remove any copyright or other proprietary notations from the materials;
Transfer the materials to another person, except those included in your license agreement;
Create derivative works based upon the materials;
Offer any competing products based upon the materials.

REFUND OF DIGITAL PRODUCTS

Due to the nature of digital content, all purchases of digital products from the Site are final unless a refund is required under relevant consumer protection laws.

MODIFICATIONS

Any modification or amendment to these Terms requires the sole consent of BEB and may be signified by a notice posted to the Site that the Terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only, and shall be emailed to admin@nikmaples.com; in such an instance, the parties may modify or amend these Terms by way of email, so long as all parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised Terms by way of an electronic signature. Email modifications shall not become binding until all parties have complied with these requirements.

ELECTRONIC COMMUNICATIONS

Visiting http://www.nikamaples.com or sending emails to BEB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through or on the Site, satisfy any legal requirement that such communications be in writing.

PHOTOGRAPHIC RELEASE

By and in consideration for your use of our services, you irrevocably grant BEB and its workers, contractors, agents and representatives all rights to use, reproduce, display, exhibit, publish, edit, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for the BEB’s marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by BEB at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and you consent to such uses. You further understand and grant permission to BEB and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings that you create, relating to BEB (or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, edited and/or distributed by or on behalf of BEB.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BEB Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of our service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property or privacy right; (v) your use of a third party service; or (vi) any misrepresentation made by you. BEB Parties reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with BEB’s Parties’ defense of any claim. You will not, in any event, settle any claim against BEB, without the prior written consent of BEB.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our service.

WAIVER OF INJUNCTION OR OTHER EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ICL OR A LICENSOR OF ICL FOR THE LICENSED CONTENT THAT ICL IS USING.

CONTROLLING LAW; JURISDICTION

The validity, construction and enforceability of these Terms shall be governed in all respects by the laws of the State of Texas, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Tarrant County, Texas.

DISPUTE RESOLUTION AND COSTS

Any dispute or claim arising under or in any way related to these Terms, with the exception of recovery by BEB of any unpaid amounts from you or BEB seeking injunctive relief, shall be submitted to non-binding mediation prior to the commencement of any proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Tarrant County, Texas unless both parties agree to a different location. All parties to the mediation shall share equally in its cost. In the event that BEB chooses or is forced to pursue any form of collections or legal action to enforce the Terms, you accept responsibility for all costs incurred in such dispute, including reasonable attorneys’ fees.

NO CLASS ACTIONS

To the maximum extent permitted by law, you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action and class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

NOTICE

Any notice or official communication between BEB and you shall be via email, to the address you provided in your submission details and to our address at admin@nikamaples.com.

INTERPRETATION

You acknowledge and agree that these Terms, including waivers of liability, are intended to be as broad and inclusive as permitted by applicable law.

ASSIGNABILITY

BEB alone may assign, directly or indirectly, all or part of its rights or obligations under these Terms without your consent. Nothing in these Terms, express or implied, will confer upon any person or entity not an authorized assignee to these Terms, or the legal representatives of such person or entity, any rights or remedies of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided in herein.

SEVERABILITY

If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

WAIVER

The failure or delay by BEB to enforce or exercise any provisions of these Terms shall not constitute or be deemed a waiver of such provision or any other provisions within these Terms. Furthermore, any waiver or breach of any provision of these Terms shall not amount to a waiver of any other provision.

SURVIVAL

The provisions of these Terms which by their nature should survive termination of your use of our Services, will survive.

RESERVATION OF RIGHTS

All rights not expressly granted to you are reserved by BEB and its licensors and other third parties claiming through us. Any unauthorized use of the BEB Content or service for any purpose is prohibited.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior agreements whether oral or written concerning the subject matter of these Terms.

By using the Site or purchasing Products or Services through the Site, you are agreeing to the Terms.