Black on white top view of book with cover shaped as curved, reversing spear with tip on top forming the "P" of PALIOXIS lettering below.

palioxis publishing

TERMS OF USE

(Last update Nov. 4, 2024)

 

This Website (“Site”) is owned and operated by Martin Janello, doing business as Palioxis Publishing. References to "Palioxis" include both Martin Janello and Palioxis Publishing. Your use of this Site constitutes agreement by you to these Terms of Use and all modifications thereof published by Palioxis from time to time on this Site (“Terms”). If you do not agree to these Terms, you may not use the Site. Palioxis reserves the right to add to or change these Terms unilaterally and at its sole discretion at any time without notice by including such additions or changes in the posting of the Terms on this Site. You agree to be bound by such additions and changes if you continue to use the Site after the time such additions or changes are posted, regardless of whether you previously reviewed them.

 

1. GENERAL RESTRICTIONS. Except as expressly stated otherwise in these Terms (“herein”), Martin Janello is the sole owner of all content on or referenced by the Site (“Site Content”), including without limitation all electronic content offered by the Site for direct viewing, listening, or direct download or for viewing, listening, or download through other sites (“Electronic Materials”) and Martin Janello's print books featured on the Site (“Print Books”). Martin Janello's ownership does not include third party sites and any of their content not originated by Martin Janello, nor does it include tradenames or trademarks owned by other parties or copyrighted materials owned by other parties contained in links reproduced on the Site or in other Site Content. Martin Janello's ownership includes without limitation all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights thereto. Without limitation, Martin Janello owns the trademarks to "Palioxis," "Palioxis Publishing," and the "Palioxis Publishing" colophon as well as the "Philosophy For Us All" motto and logo. Martin Janello reserves all rights under copyright law, other intellectual property law, and any other applicable law. Without limitation, you may not download, upload, store, copy, transcribe, translate, reproduce, post, distribute, publish, sell, grant any license or other right, display, transmit, adapt, or modify any of the Site Content owned by Martin Janello without the prior express written permission of Martin Janello. Notwithstanding, for Electronic Materials only, the provisions of the “Electronic Materials Restrictions” clause below shall govern to the extent they deviate from or particularize the provisions of this “General Restrictions” clause.

 

2. ELECTRONIC MATERIALS RESTRICTIONS. The technological dissemination potential inherent in the electronic presentation of content requires special provisions to protect Martin Janello's copyright and other rights. ELECTRONIC MATERIALS MADE AVAILABLE FOR DOWNLOAD MAY BE INVISIBLY AND/OR VISIBLY LABELED TO IDENTIFY THE LICENSEE OR THE LICENSE AND TRACE VIOLATIONS OF PERMISSIONS. All permissions regarding Electronic Materials herein shall only exist to the extent expressly granted, and to the extent they are granted, constitute revocable, nonexclusive, nonsublicenseable licenses that are limited to your personal, noncommercial use and are subject to restrictions and prohibitions as stated herein. You may view or listen to  any Electronic Materials on-line that the Site or licensed third party sites make publicly available without charge for viewing or listening on-line, without any restrictions regarding devices on which you may view or listen to such content on-line. All permissions for and upon download of Electronic Materials are limited to (a) personal computers, tablets, phones, and electronic reading devices, (“electronic viewing and listening devices”), you exclusively own and (b) electronic viewing and listening devices whose ownership you share with members of your domestic household, provided that you maintain exclusive control of access to partitions that contain downloaded Electronic Materials. The so limited electronic viewing and listening devices shall be called “Permitted Devices.” All permissions for and upon download of Electronic Materials are limited to the duration of your ownership and exclusive control of Permitted Devices, and you must delete all downloaded Electronic Materials from them when your ownership or exclusive control ends. You may download, store, and electronically retrieve for your viewing one copy of the Electronic Materials that the Site designates as free of charge available for download (“Free Downloads”) for each of the Permitted Devices. You may further, upon each payment as required by the Site or a linked site, download one copy of Electronic Materials whose download is available at a monetary charge (“Paid Downloads”). You may store and electronically retrieve for your viewing that copy of Paid Downloads on each of the Permitted Devices. You may further store one copy of Free Downloads and Paid Downloads (“Downloads”) in a remote data storage device that serves as regular repository for files of any of the Permitted Devices, provided access to that copy is exclusively restricted to you and that such copy shall be deleted if you stop using the remote data storage device. You may also make one electronic backup copy of Downloads for the sole purpose of reinstalling them after their original copy has been damaged or lost. You may further print, for your personal, noncommercial use only, one copy of Downloads and any Electronic Materials that the Site designates as free of charge publicly available for viewing on-line. If that copy becomes unusable due to damage, you may make one replacement copy, provided that you destroy the previous printed copy. All permissions regarding Electronic Materials are personal to you and are nontransferable. Without limitation, you may not (a) download, store, or use any of the Electronic Materials on a system or an array of systems that allows shared use or transfer of Electronic Materials, (b) share, sell, assign, lend, lease, encumber, distribute, sublicense, broadcast, transmit, or otherwise transfer any part of Electronic Materials or your rights or obligations hereunder, (c) make any part of Electronic Materials available to other parties for any purpose, (d) except as expressly provided herein, copy or print any part of Electronic Materials, (e) modify, create derivative works from, publicly display, publish, or in any way exploit any part of Electronic Materials, (f) remove or alter any copyright notices or any marks identifying the license or download from any part of Electronic Materials, or (g) assist or permit others to undertake activities prohibited to you hereunder. NOTWITHSTANDING ANY RESTRICTIONS TO THE CONTRARY, MEMBERS OF YOUR HOUSEHOLD DOMICILED AT THE SAME ADDRESS AS YOU SHALL BE PERMITTED TO VIEW DOWNLOADS ON PERMITTED DEVICES OR TO VIEW YOUR PRINT COPY AS LONG AS THEY REMAIN MEMBERS OF YOUR HOUSEHOLD DOMICILED AT THE SAME ADDRESS. THIS LIMITED EXTENSION SHALL NOT OTHERWISE EXTEND THE SCOPE OF THE LICENSE TERMS HEREUNDER. FURTHER, IT IS CONTINGENT UPON YOUR INFORMING SUCH USERS OF THE SCOPE OF THE LICENSE TERMS HEREUNDER, YOUR LEGALLY BINDING THEM NOT TO VIOLATE THESE TERMS, AND THAT YOU AGREE TO BE JOINTLY AND SEVERALLY LIABLE FOR THEIR VIOLATION OF LICENSE TERMS HEREUNDER. Martin Janello retains all rights not expressly granted herein. If you or any of the additional licensees violate any of the terms hereunder or any laws protecting Martin Janello’s rights, your rights and their rights under the license are automatically terminated, but your and their obligations and Martin Janello's rights continue. These consequences shall be in addition to all other remedies for a violation of Martin Janello's rights which shall continue to be available unabated.

 

3. SUBMITTALS AND SERVICE CONTRACT REQUIREMENTS. Palioxis does not claim any rights in submittals for consultation or publishing provided that these are submitted pursuant to a link that may be provided in the Submittal section of this Site (“Submittals”). By submitting a Submittal, you represent and warrant that you have all necessary rights in the Submittal and that your Submittal and its use by Palioxis do not and will not infringe on any proprietary or other third party rights. COMMUNICATIONS RECEIVED BY PALIOXIS THROUGH FACILITIES OF THE SITE OTHER THAN A LINK IN THE SUBMITTAL SECTION OF THE SITE SHALL BE CONCLUSIVELY REGARDED AS NOT CONSTITUTING SUBMITTALS AND SHALL BE SUBJECT TO THE PROVISIONS OF THE IMMEDIATELY FOLLOWING CLAUSE ENTITLED "COMMUNICATIONS" AND OTHER PROVISIONS REGARDING POSTINGS AS DEFINED THEREIN. Contractually binding obligations by Palioxis or other parties regarding services are contingent upon Palioxis and you entering into a definitive written Consulting Agreement or Publication Agreement that is signed by both. Until that time, Palioxis reserves the right to consider, not consider, or cease consideration of any submittal or manuscript at any stage in its sole discretion and without any liability connected thereto. Palioxis has no obligation, contractual or otherwise, express or implied, to consider or respond to any communication, to provide any services, or to save or return any materials provided to Palioxis until and unless you and Palioxis enter into a definitive written Consulting Agreement or Publication Agreement that is signed by both.

 

4. COMMUNICATIONS. By sending information through the contact form in the Contact section of the Site, sending e-mails to Palioxis  or responding to e-mails by Palioxis, uploading data or files to or otherwise communicating with Palioxis other than through a link that may be provided in the Submittal section of the site, (collectively “Postings”), you grant (or warrant that the owner of such rights has expressly granted) to Palioxis a perpetual, irrevocable, nonexclusive, royalty-free, unrestricted, worldwide, fully sub-licensable license to copy, reproduce, edit, modify, adapt, translate, and create derivative works from the Postings, and to use, publish, distribute, perform and display such Postings and derivative works, in whole or part, and to incorporate such Postings and derivative works in other works in any form, media, or technology now known or later developed. This grant includes without limitation the right to exploit any proprietary rights, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. By submitting a Posting, you represent and warrant that you have all necessary rights for the effective grant of this license and that your Posting and its use by Palioxis do not and will not infringe on any proprietary or other rights of any third party. You also warrant that any “moral rights” in Postings have been waived. IN NO EVENT SHALL PALIOXIS HAVE AN OBLIGATION TO KEEP OR HANDLE POSTINGS IN ANY GENERAL OR PARTICULAR MANNER, INCLUDING WITHOUT LIMITATION DISCLOSURE OR NONDISCLOSURE, MODIFICATION OR NONMODIFICATION, DISPLAY OR NONDISPLAY, AND PALIOXIS SHALL HAVE FULL DISCRETION WITH REGARD TO THEM. IN NO EVENT SHALL PALIOXIS BE LIABLE FOR COMPENSATION OR IN ANY OTHER WAY REGARDING ANY POSTINGS OR THEIR  PROCESSING.

 

5. LINKED WEBSITES. The Site may provide links with other websites that are exclusively controlled by third parties. Except as expressly stated herein, these Terms do not cover these third party sites. You are cautioned to review the terms and conditions of any site you access through a link from this Site.

 

6. PRIVACY POLICY. The provisions in the Submittals and Service Contract Requirements, Electronic Materials Restrictions, Communications, and Linked Websites clauses above are included herein by reference as if stated and shall not be interpreted as limiting the disclaimers and exclusions of liability contained in this Privacy Policy clause, nor shall this Privacy Policy clause be interpreted to limit the aforementioned clauses. As a part of Postings or in the course of access to or use of the Site or sites of third parties assisting in its underlying or offered transactions and functions ("Assisting Vendors"), this Site and sites of Assisting Vendors may obtain personally identifying information and other information provided by persons communicating with them as well as personally identifying information and other information transmitted by their communication devices. Such information may include without limitation the legal and user names, IP-address, e-mail, post, or street addresses, as well as financial information of such persons. Palioxis and Assisting Vendors may collect, keep, use, and share this information to record and analyze, access, use, downloads, and purchases regarding the Site and Site Content, track, fulfill, and enforce purchase and related obligations, assist in downloads, track and enforce the proper use of licenses and other compliance with these Terms, and communicate with and provide information to users about the Site, Site Content, Palioxis, and Martin Janello, including but not limited to updates. Although Palioxis believes Assisting Vendors to be reputable and well-established in their field and has not received any information that would lead it to believe that their privacy practices are unreasonably risky, Palioxis has no control over their privacy practices. PALIOXIS THEREFORE DISCLAIMS ANY REPRESENTATION AND EXPRESS OR IMPLIED WARRANTY AND SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY REGARDING THE HANDLING AND SAFEKEEPING OF INFORMATION BY ASSISTING VENDORS. Palioxis may allow third-party companiesto collect certain information when you visit the Site such companies claim to be anonymous. These companies may use such information they claim to be not personally identifiable during your visits to this and other websites in order to provide information about Site traffic to Palioxis and advertisements about goods and services that might be of interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org or, if you are a user located in the European Union, www.youronlinechoices.eu. All such and any other conduct by such third-party companies is exclusively controlled by such companies and shall be exclusively governed by such companies' pertinent policies, including their privacy policies. PALIOXIS THEREFORE DISCLAIMS ANY REPRESENTATION AND EXPRESS OR IMPLIED WARRANTY AND SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY REGARDING THE HANDLING AND SAFEKEEPING OF INFORMATION BY SUCH THIRD-PARTY COMPANIES. Palioxis will not sell User Information and  will venture not to disclose personally identifiable information to third parties beyond Assisting Vendors with the following exceptions. Palioxis shall be entitled to disclose personally identifiable information to third parties beyond Assisting Vendors in case you are claimed to have violated these Terms or law, a dispute between you and Palioxis arises, as ordered in a subpoena or governmental order, or as required by law. Palioxis shall also be entitled to disclose personally identifiable information if you authorize or request such disclosure. IN NO EVENT SHALL PALIOXIS BE LIABLE FOR ACCIDENTAL OR NEGLIGENT DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION. NOR SHALL PALIOXIS BE BE LIABLE IN CASE THE DATA COLLECTION BY THIRD-PARTIES SHOULD INCLUDE PERSONALLY IDENTIFIABLE INFORMATION. NOR SHALL PALIOXIS BE LIABLE FOR NONDISCLOSURE, DISCLOSURE, OR INCORRECT DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION UPON YOUR AUTHORIZATION OR REQUEST.

 

7. ADDITIONAL DISCLAIMERS. THE SITE, SITE CONTENT, INCLUDING WITHOUT LIMITATION ELECTRONIC MATERIALS, PRINT BOOKS, LINKS TO OTHER WEBSITES, POSTINGS BY OTHER PARTICIPANTS, ANY OTHER COMMUNICATIONS MADE AVAILABLE THROUGH THE SITE, AS WELL AS TRANSACTIONS RELATED TO ANY OF THE FOREGOING AND COMMUNICATIONS BY PALIOXIS RELATED TO ANY OF THE FOREGOING OR YOUR POSTINGS, (COLLECTIVELY “COVERED MATERIALS”), ARE PROVIDED FOR PURPOSES OF GENERAL INFORMATION AND INDEPENDENT EVALUATION ONLY. COVERED MATERIALS ARE NOT TO BE TAKEN AS ORDERS, DEMANDS, REQUESTS, ADVICE, SUGGESTIONS, OR RECOMMENDATIONS TO UNDERTAKE OR NOT UNDERTAKE ANY MENTAL, OVERTLY PHYSICAL, OR OTHER ACT. NEITHER COVERED MATERIALS NOR ANY POSTINGS NOR SUBMITTALS BY YOU ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP, NOR DO THEY ESTABLISH A CONFIDENTIAL OR PROFESSIONAL RELATIONSHIP OF ANY OTHER KIND. COVERED MATERIALS CANNOT, DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE, SUBSTITUTE, OR SUPPLEMENT THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL, PSYCHOLOGICAL, PSYCHIATRIC, OR MEDICAL SERVICES. COVERED MATERIALS AND ACCESS TO AND USE OF COVERED MATERIALS ARE PROVIDED “AS IS.” PALIOXIS DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO COVERED MATERIALS AND ACCESS TO AND USE OF THEM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION TO THE FOREGOING, PALIOXIS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OF THE FOLLOWING: THAT COVERED MATERIALS ARE OR WILL BE AVAILABLE, THAT THEY ARE ERROR-FREE, THAT ERRORS WILL BE CORRECTED, THAT ELECTRONIC MATERIALS ARE SECURE FROM INTERFERENCE OR FREE OF VIRUSES OR OTHER HARMFUL CODE, THAT ELECTRONIC MATERIALS WILL BE FUNCTIONAL ON PARTICULAR DEVICES ON WHICH THEY ARE INSTALLED, THAT PDF FUNCTIONALITIES WILL BE AVAILABLE, THAT ELECTRONIC MATERIALS WILL NOT INTERFERE WITH THE OPERATION OF OR WILL NOT LEAD TO THE LOSS OF DATA ON THE COMPUTER OR DATA STORAGE DEVICE ON WHICH THEY ARE INSTALLED OR OPERATED, THAT ORDER FULFILLMENT OF PURCHASE TRANSACTIONS WILL OCCUR IN A CERTAIN PERIOD, THAT THE SHAPE, SIZE, PRINT, COLOR, AND DESIGN OF DOWNLOADS OR THE PRINT BOOKS WILL NOT DEVIATE FROM DEPICTIONS AND DESCRIPTIONS, AND THAT DOWNLOADS AND/OR THE PRINT BOOKS WILL NOT DIFFER FROM EACH OTHER. DISCLAIMERS, RESERVATIONS, AND ANY OTHER PROVISIONS CONTAINED IN ANY OTHER CLAUSE OF THESE TERMS OF USE SHALL NOT BE INTERPRETED AS LIMITING THE DISCLAIMERS CONTAINED IN THIS "ADDITIONAL DISCLAIMERS" CLAUSE.

 

8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, PALIOXIS  SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE COVERED MATERIALS OR THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PALIOXIS  WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF DAMAGES SHOULD BE AWARDED DESPITE THIS LIMITATION, THE AWARD SHALL NOT EXCEED THE PURCHASE PRICE PAID BY A CLAIMANT FOR THE INVOLVED COVERED MATERIAL.

 

9. PERMISSIBILITY, TOLERANCE,  AND INDEMNIFICATION. Palioxis has no control over (a) your reaction to Covered Materials or to your inability to access or use them or (b) the permissibility of, or tolerance by others toward, Covered Materials, your Postings, your Submittals, or your activities in relation to Covered Materials, your Postings, or your Submittals, in environments to which you or others may be subjected. You agree to be solely responsible for your reaction to Covered Materials or to your inability to access or use them. You further agree to be solely responsible for your compliance with local, state, national, and international laws, as well as the reaction of others, regarding your access, use, attempt to access or use, or inability to access or use, Covered Materials, regarding your Postings and Submittals, and regarding your actions directly or indirectly arising in connection with Covered Materials, Postings,  or Submittals. By linking to, downloading, ordering, receiving, or otherwise using or attempting to use Covered Materials or issuing Postings or Submittals, you represent and warrant that such activities and Palioxis' and other parties' reasonably to be expected corresponding activities are permissible in the legal order that is applicable by virtue of your involvement. UNDER NO CIRCUMSTANCES SHALL PALIOXIS BE LIABLE FOR YOUR REACTION TO COVERED MATERIALS OR TO YOUR INABILITY TO ACCESS OR USE THEM OR FOR THE LOSS OF DATA OR OF PHYSICAL SHIPMENTS OR FOR ANY OTHER OCCURRENCES DUE TO ACTIONS OR INACTIONS OF GOVERNMENTAL AUTHORITIES OR OTHER FORCES DIRECTLY OR INDIRECTLY ARISING FROM COVERED MATERIALS, YOUR POSTINGS, YOUR SUBMITTALS, OR YOUR ACTIONS WITH REGARD TO COVERED MATERIALS, YOUR POSTINGS, OR YOUR SUBMITTALS. You agree to defend, indemnify, and hold harmless Palioxis from all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly from (a) your access, use, attempt to access or use, or inability to access or use Covered Materials and your activities with regard thereto, (b) your Postings or Submittals, and (c) any violation of these Terms or of applicable law by you.

 

10. DUTIES, TAXES, AND FEES. You acknowledge that your orders of physical or electronic merchandise may be subject to duties, taxes, and fees imposed by authorities governing their transit territory or destination and that you are responsible for any such charges.

 

11. PROHIBITIONS. In addition to any other provisions in these Terms regarding your access and use of this Site or Site Content, you agree to the following: You may not access, use, or attempt to access or use, the Site or Site Content to take any action that could harm anyone. You may not attempt to gain unauthorized access to the Site, Site Content, or any part of them. You may not use any device, software, or program to interfere or attempt to interfere with the proper operation of this Site or any transactions according to it, or to interfere or attempt to interfere with access or use by others of the Site or Site Content. You may not use any robot, spider, scraper, or other automated program or manual means to access, obtain, copy, or monitor any part of this Site or Site Content. You may not visit, obtain, or copy any Site Content by any method not provided by this Site. You may not take any action imposing an unreasonable or disproportionately large load on the Site or its linked sites. You may not use the Site or Site Content in violation of applicable laws or regulations, or these Terms, or in violation of anyone’s intellectual property rights or other proprietary or legal rights. You may not use the Site or Site Content for any purpose that is unlawful or by these Terms prohibited. You may not solicit the performance of any illegal activity or other activity which infringes on anyone’s rights. You may not use this Site or Site Content in any way that is, or incites others to be, violent, glorifying violence, threatening, abusive, bullying, harassing, stalking, discriminating, vulgar, obscene, defamatory, invasive of another person’s privacy, harmful, or otherwise objectionable. You may not post information you know is false, deceptive, or fraudulent. You may not collect or harvest any information that might identify a person unless permitted by that person. You may not use the Site or Site Content to distribute unsolicited promotional or commercial content, junk mail, spam, or other unwanted or mass solicitations. You may not use automated communications. You may not impersonate individuals, groups, or organizations in a manner that misleads or confuses others.

 

12. JURISDICTION AND APPLICABLE LAW. These Terms shall be governed by the laws applicable in the state of Arizona, USA, without giving effect to its conflicts-of-law rules. Exclusive jurisdiction and venue for any claim or dispute involving you and Palioxis relating to Covered Materials, your Postings, Submittals, or any matters directly or indirectly arising in connection with any of the foregoing shall be in the state or federal courts located in the state of Arizona, USA, and you agree to be subject to personal jurisdiction in these courts.

 

13. MISCELLANEOUS. These Terms constitute the entire agreement between you and Palioxis regarding your use of the Site and regarding other matters addressed in these Terms. These Terms can only be modified by Palioxis’s posting of revisions of these Terms within the Terms of Use section of the Site or by a writing signed by Palioxis and you specifically referencing these Terms. In the event any part of these Terms is adjudicated by a court of competent jurisdiction to be unenforceable, then such part shall be severed and the remainder shall continue in effect, and the parties authorize and request such court to replace unenforceable provisions by provisions regulating pertinent subject matters as close as lawfully possible to their declared intent. Notwithstanding any translation facilities accessible through the Site, the English original is the only valid version of the Site and no other language version shall have any legal effect.

 

 © 2013-2024 BY MARTIN JANELLO