Conditions of Use
Last updated: May 23, 2012
Welcome to WordAlive Publishers.
WordAlive Publishers Limited and/or its affiliates (“WordAlive”) provide website features to you subject to the following conditions. If you visit or shop at www.wordalivepublishers.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future WordAlive service, you will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to www.wordalivepublishers.com, to understand our practices.
When you visit HYPERLINK “https://www.wordalivepublishers.com” 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. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WordAlive or its content suppliers and protected by Kenya and international copyright laws. The compilation of all content on this site is the exclusive property of WordAlive and protected by Kenyan and international copyright laws. All software used on this site is the property of WordAlive or its software suppliers and protected by Kenyan and international copyright laws.
WordAlive graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of WordAlive and/or other countries. WordAlive’s trademarks and trade dress may not be used in connection with any product or service that is not WordAlive’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WordAlive. All other trademarks not owned by WordAlive that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WordAlive.
LICENSE AND SITE ACCESS
WordAlive grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WordAlive. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WordAlive. 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 WordAlive without express written consent. You may not use any meta tags or any other “hidden text” utilizing WordAlive’s name or trademarks without the express written consent of WordAlive. Any unauthorized use terminates the permission or license granted by WordAlive. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.wordalivepublishers.com so long as the link does not portray WordAlive, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WordAlive logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WordAlive does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Www.wordalivepublishers.com only with involvement of a parent or guardian. WordAlive reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, 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, 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 card or other content. WordAlive reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant WordAlive a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WordAlive and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WordAlive for all claims resulting from content you supply. WordAlive has the right but not the obligation to monitor and edit or remove any activity or content. WordAlive takes no responsibility and assumes no liability for any content posted by you or any third party.
WordAlive respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact firstname.lastname@example.org.
RISK OF LOSS
All items purchased from WordAlive are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
WordAlive does not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, WordAlive does not take title to the refunded item.
WordAlive attempts to be as accurate as possible. However, WordAlive does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by WordAlive itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by WordAlive, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by WordAlive. Your purchases of WordAlive products from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WORDALIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WORDALIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WORDALIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORDALIVE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM WORDALIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORDALIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your visit to www.wordalivepublishers.com or to products or services sold or distributed by WordAlive or through www.wordalivepublishers.com will be resolved by binding arbitration, rather than in court. 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 (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only 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 also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting www.wordalivepublishers.com, you agree that the laws of Kenya, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WordAlive.
WordAlive Publishers Limited
PO Box 4547 GPO-00100
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.wordalivepublishers.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying WordAlive that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WordAlive Publishers’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
WordAlive Publishers Legal Department
PO Box 4547 GPO-00100
Phone: +254 20 3572380
Fax: +254 20 3572382