Terms of Use

Effective Date of Terms of Use: January 1, 2021

This website and all related websites are operated by Black Hammock Enterprises, LLC, a company that publishes and promotes books by Yasmin Tirado-Chiodini (the “Author”) and links to vendors of her books and of other books from time to time. These Terms of Use apply to this website and any other website or online service made available by Black Hammock Enterprises, LLC that links to these Terms of Use (collectively referred to as the “Sites”). BLACK HAMMOCK ENTERPRISES, LLC (“BHE”, “WE”, “US”, OR “OUR”) RESERVES THE RIGHT, AT OUR DISCRETION, TO MODIFY THESE TERMS OF USE IN FULL OR IN PART AT ANY TIME. YOU AGREE TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES AFTER TERMS OF USE MODIFICATIONS ARE POSTED MEANS THAT YOU ACCEPT ANY CHANGES. Please note that books featured on the Sites are linked to and sold by third parties and not by BHE or the Author. Additional terms and conditions apply to the purchase of books and other products from those third parties, such as shipping and return policies.

This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of the Sites. This agreement (the “Agreement”), together with all updates, supplements, and all of BHE’s policies, in the aggregate, constitute the Agreement between you and BHE. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED IN THE AGREEMENT, YOU CAN JUST LEAVE THIS SITE. BY CONTINUING TO USE THIS SITE OR ANY OF THE SITES YOU AGREE TO ALL THE TERMS IN THE AGREEMENT.

INTELLECTUAL PROPERTY AND PERMISSIONS

The Sites and the elements within them, including its contents, are protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights and your use of these elements is limited to the Terms of Use in the Agreement.

Copyrights and Trademarks. All of the content featured or displayed on the Sites, including, but not limited to, text, photographs, images, graphics, sound, illustrations, video, and any other content (collectively, the “Content”), is owned by or licensed to BHE, its licensors, vendors, or its content providers, including, but not limited to, the Author whose books are promoted in the Sites. You can use each of the Sites solely for the site’s intended purpose. Except as otherwise stated in the Sites, you are authorized to view, play, download and/or print, as applicable, documents, audio, and video found on our Sites solely for personal, informational, and noncommercial purposes. You may not modify any of these materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as permitted under applicable copyright laws and the Terms of Use, you are responsible for securing permission prior to using any copyrighted material on the Sites. You agree to comply with all applicable US and international laws and regulations regarding your use of the Sites. The Sites, the Content and all related rights shall remain the exclusive property of BHE and its licensors, unless otherwise expressly agreed in writing. You agree to not remove any copyright, trademark or other proprietary or intellectual property notices from material found on the Sites. BHE does not waive intellectual property and other proprietary rights for materials on the Sites not identified with proprietary notices.

All of our trademarks, service marks and trade names used in the Sites are trademarks or registered trademarks of BHE or its affiliates, partners, vendors or licensors, including the Author. You agree to request written permission from BHE before you use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, for any use. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Sites, as long as this link does not portray us, our content providers, our licensors, our affiliates, or our products or services in an offensive, misleading, or false manner. You must secure written permission from us before you use any BHE logo or other proprietary graphic or trademark as part of the link. We reserve the right to not grant permissions. No other rights or licenses are granted hereunder, except for those expressed in the Terms of Use.

Site Access License. BHE grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Sites or their Content and not to download or modify, other than page caching, all or any portion of the Sites and their Content, unless otherwise permitted by law or BHE. This license excludes: the commercial use of the Sites or their Content; the collection and use of any product listings or descriptions; any derivative use of the Sites or their Content; any copying, by download or any other means, of account information for the benefit of a third-party merchant; or any use of data gathering and extraction tools. Unless we otherwise consent in writing, you agree to not: use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of BHE, its content providers or its affiliates; and use meta tags or any other “hidden text” utilizing our name or trademarks.  Additionally, you agree that you will not: (i) impose an unreasonable large load on our infrastructure; (ii) interfere with the Sites’ functionality; or (iii) bypass any access control measures to the Sites. Any unauthorized use  of the Sites automatically terminates any permissions and licenses we have granted to you.

THIRD-PARTY LINKS 

Third party links to other websites are controlled by third parties and are provided in the Sites solely as a convenience to you. We are not responsible for the contents or your use of any linked site, including linked social media sites (e.g., Facebook, Twitter, etc.) requiring you to register. Unless otherwise stated in the Terms of Use or anywhere on the Sites, we do not endorse the links or the third parties, and linking does not imply link-owner affiliation with us. Your use of third-party vendor services is subject to the terms and policies of those vendors. You agree not to use BHE’s name or Sites Content in a manner that could imply BHE’s endorsement, under BHE’s discretion, without prior written consent.

FEES

The Sites do not provide for e-commerce transactions through the Sites, or for any purchases to be made through the Sites. All purchases are made through linked third-party vendors. BHE is not responsible for any purchases or refunds from those third-party vendors, or for any information you provide to those vendors. You agree to address all purchase claims directly with the third-party vendors and not direct those claims to BHE or its licensors, including the Author. You are responsible for any Internet access and telecommunications service fees needed for use of the Sites and for any fees incidental to the use of the Sites.

PRIVACY POLICY

BHE’s Privacy Policy, incorporated into the Agreement by reference, governs all data collection and use, including your personal information. We reserve the right to provide user information to third parties under certain circumstances, including legal process, orders, subpoenas, or warrants, in response to legal responsibility, or to protect our rights, customers or business.

LIST SUBSCRIPTIONS 

You agree to the following in consideration of your subscription to reader lists or other lists: (a) you can only subscribe yourself and not another person; (b) you will provide true and accurate information; (c) you will maintain your information current. We reserve the right to suspend or terminate your subscription if the information provided is untrue, inaccurate or incomplete. BHE reserves the right to suspend, modify, or terminate any subscription program at any time.

COMMUNICATIONS AND REPRESENTATIONS 

When communicating with us or the Author, or when posting a comment on the Sites, when applicable, you agree to: not make misrepresentations that could harm BHE or any third party, including impersonating a third party; not harass BHE representatives or the Author; not transmit or post content that is unlawful, obscene, defamatory, libelous, threatening, harassing, pornographic, or cause or encourage criminal conduct or violation of any law; not advertise or solicit business for yourself or others.

TERMINATION

We may suspend or terminate your access to all or any part of the Sites, including any subscription, without notice, for any reason, at our sole discretion. Upon termination, the obligations that you have to us under the Terms of Use of the Agreement will continue, even after we suspend or terminate your access.

RELEASE

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you may have with any other user or users of the Sites.

DISCLAIMER AND LIMITATION OF LIABILITY

You assume all risk of using and browsing the Sites. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BHE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. BHE DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (NOT BHE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL BHE OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BHE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM BHE’S SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO BHE’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.

IN NO EVENT SHALL BHE OR ANY AFFILIATED BHE ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF BHE OR A BHE AUTHORIZED REPRESENTATIVE HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BHE’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

INDEMNIFICATION

You agree to defend, indemnify and hold BHE, owners, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use in the Agreement by you, or in connection with the use of the Sites or the Internet or the placement or transmission of any message or information on the Sites by you.  You are entirely responsible for any and all activities that occur under your subscription to any of the Sites and agree to indemnify, defend, and hold harmless BHE, owners, affiliates, successors, directors, officers, employees, service providers, and agents for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your subscription, or any other breach of security known to you.

FORCE MAJEURE

Neither BHE nor you shall be liable for damages or for delays or failures in performance or errors occurring by reason of circumstances beyond their control, including but not limited to, acts of civil or military authority; national, regional or local emergencies; work stoppages, including strike; fire, flood, catastrophe, hurricane, pandemic, and other acts of God or natural disasters; insurrection, war, riot; or failure of communication, power or fuel supply.

GOVERNING LAW

The Agreement and its Terms of Use are governed by the laws of the State of Florida. By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of courts in Seminole County, Florida, in all disputes arising out of or relating to the use of the Sites. If, for any reason, any provision of the Terms of Use of the Agreement is held invalid, all other provisions shall remain in effect. Any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties. Any failure by BHE to enforce the Agreement’s Terms of Use, or any part of them, shall not be construed as a waiver of any provision or right in them. BHE reserves all rights under the Agreement.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and BHE and supersedes any prior understandings or agreements whether written or oral.

NOTICES

Any communications regarding the Terms of Use, and any copyright notices under the Digital Millennium Copyright Act (DMCA) can be directed to us via the provided contact form on this website.