Last Updated: June 10, 2020
We are the The Universal Breakthrough , LLC, a Delaware Limited Liability Company (“Breakthrough Magazine”, “company”, “Us”, and “We”).
By accessing or using our Service, you agree to comply with and be bound by the terms and conditions set forth in this Customer agreement, whether or not you become a registered customer of the service.
What We Do
We provide a variety of publishing services ranging from content writing, magazine publishing, Internet marketing, social media marketing, seo marketing, podcast marketing, print work, and multimedia production. You give us your works, we will format it and design it. Your book is then added to our online bookstore as well as other popular booksellers.
Our specific products and services are located here: www.theuniversalbreakthrough.com.
You may purchase one or more of the services or products offered by the Company. We have the right to use your site in our portfolio. The price and payment procedures are permanently accessible on your account. We reserve the right to change the cost of any of our Products.
Accounts and Registration
To access some features of our Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information).
You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
You may delete your account at any time. In the event of account deletion for any reason, your content may no longer be available. Company is not responsible for the loss of such content.
We reserves the right, in our sole discretion, to immediately, without notice to suspend or terminate users for (i) violation of these Terms of Service; or (ii) any reason whatsoever.
User Code of Conduct
In using the Website, Users will be given permission to post articles, blogs, or feedback. You must behave in a civil and respectful manner at all times. By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. We do not and cannot authenticate reviews. We do not edit or correct content.
Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Who Owns What?
When someone places an order for a copy, you receive a percentage of the retail price. Any marketing materials, such as website designs, Internet marketing services, photography, social media, seo work, podcasts, print work, logo work, and/or content writing shall belong to the company and the individual producer (writer) of such work. All royalties shall belong to the writer or creator. The Company retains a lifetime right to republish any designs, showcase, or any other lawful purpose.
Our Trademark & Copyrights Rights
All trademarks, copyrights, and service marks, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners.
You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
Misused Intellectual Property
Customers may not engage in any activity on or through the Services, including transmitting or using Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Act (“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
Legal Clauses & Dispute Process
California Civil Code Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org California websites Customers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email@example.com and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
Third Party Integration
In providing the Service, Company makes available various third party tools to process payments (i.e. Stripe or PayPal). Company is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.
Disclaimer of Warranties
The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.
We make no warranty whatsoever with respect to the services or products, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, Customer content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to
In the event that we determine that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community, We reserves the right to (i) warn you via email that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to US, (iii) delete all content provided by you to Us, (iv) discontinue your registration with Us and/or any other community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which we deems to be appropriate.
No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Governing Law and Venue – Delaware
Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the Delaware and the United States, respectively, sitting in the Delaware.
By accessing and using the Service, you represent, warrant, and affirm that you are at least 16 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 16 years of age.
THE UNIVERSAL BREAKTHROUGH MAGAZINE, LLC.
12th Fl New York, NY, US, 10004
Email Us at: firstname.lastname@example.org