Terms and Conditions

Introduction

Cresting Wave Publishing, LLC (also referred to as “gocwpub.com”, “crestingwavepublishing.com” “Cresting Wave,” and the “Website”) is an online website for promotion of Cresting Wave Publishing, LLC and its associated products (“Products”).

These Website Standard Terms and Conditions guide your use of this website. These Terms will be applied fully to all aspects of your use of this Website. By using this Website, you agreed to accept all terms and conditions as written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Intellectual Property Rights

Other than the content you own, under these Terms, Cresting Wave Publishing, LLC and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material on this Website, or for purchasing items for sale on this Website.

Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material without the written permission of Cresting Wave Publishing, LLC;
  • publicly performing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website in any way that impacts the data security or software associated with this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing without the written permission of Cresting Wave Publishing, LLC;
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  • impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
  • express or imply that any statements you make are endorsed by Cresting Wave Publishing, LLC, without our prior written consent;
  • “frame” or “mirror” any portion of the Website, or link to any page of or material on the Website other than the URLs provided by us to you for such purposes as part of the Website, without our prior written authorization;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website;
  • harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law;
  • hate speech will not be tolerated. Be aware of cultural differences and sensitivities. Some materials may be acceptable or legal in one country, but unacceptable or illegal in another.
  • violate any applicable laws or regulations.

Certain areas of this Website are restricted from being access by you and Cresting Wave Publishing, LLC may further restrict access by you to any areas of this Website, at any time, at its absolute discretion.

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID, PASSWORD, PERSONAL INFORMATION, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to enter or display on this Website. By displaying Your Content, you grant Cresting Wave Publishing, LLC a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media or languages.

Your Content must be your own and must not be invading any third-party’s rights. Cresting Wave Publishing, LLC reserves the right to remove any of Your Content from this Website at any time without notice.

No Warranties

This Website is provided “as is,” and Cresting Wave Publishing, LLC express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Cresting Wave Publishing, LLC reserves the right at any time to change all or any part of these Terms; change the Website, including eliminating or discontinuing any content or feature of the Website; and change any fees or charges for use of the Website. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the website or by electronic mail. Your continued use of the website after such notice will be deemed acceptance of such changes.

Maintenance and other technical issues may make the Website unavailable. Cresting Wave Publishing, LLC  may, in its discretion, modify the features, availability, operation, and/or look and feel of the Website without notice to our users.

Cresting Wave Publishing, LLC , OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF Cresting Wave Publishing, LLC AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Limitation of liability

In no event shall Cresting Wave Publishing, LLC, nor any of its officers, directors, and employees, shall be held liable for anything arising out of or in any way connected with your or anyone’s use of this Website whether such liability is under contract or not.  Cresting Wave Publishing, LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your or anyone’s use of this Website.

Indemnification

You hereby totally and unreservedly indemnify and hold harmless, to the fullest extent, Cresting Wave Publishing, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Cresting Wave Publishing, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Cresting Wave Publishing, LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Cresting Wave Publishing, LLC and you in relation to your use of this Website, and supersede any and all prior agreements and understandings, in any form.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Washington, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State of Washington for the resolution of any disputes.

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