Adventures with Kazmir the Flying Camel

Camel Back Publishing Terms and Conditions
Effective Date: 09/01/08

Camel Back Publishing is a division of Positively Absolutely LLC located in Burbank, Ca 91505 USA
We can be reached via e-mail at info@camelbackpublishing.com or by telephone at +1 818.395.3317.
Camel Back Publishing provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!

TERMS AND CONDITIONS OF USE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND CAMEL BACK PUBLISHING (“WE”, “US”, OR “CAMEL BACK PUBLISHING”) THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF CAMEL BACK PUBLISHING. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND POLICIES COLLECTIVELY CONSTITUTE THIS “AGREEMENT” BETWEEN YOU AND CAMEL BACK PUBLISHING FOR THE CAMEL BACK PUBLISHING SITE. BY ACCESSING CAMEL BACK PUBLISHING AND USING ANY OF CAMEL BACK PUBLISHING, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. Definition of Camel Back Publishing. Camel Back Publishing is the creator and provider of a service that permits users to select proprietary audio consisting of licensed and original audio content designed for children (collectively, the “Camel Back Publishing Content”) through means including but not limited to (i) camelbackpublishing.com, and such other or successor domain names as may be operated, acquired, or used from time to time by Camel Back Publishing, (ii) wired and wireless connections, and (iii) telephony based networks; and to playback such Camel Back Publishing Content on a computer and/or any other software the user accesses, downloads, or otherwise receives for use in connection with Camel Back Publishing.

2. Privacy. Camel Back Publishing's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

3. Your Information. You agree to provide current, complete, and accurate information required to complete your order with Camel Back Publishing. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of Camel Back Publishing. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use the information you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

4. Security. You shall not violate or attempt to violate the security of Camel Back Publishing. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via Camel Back Publishing.

5. Grants of Licenses
a. Camel Back Publishing Content License. When you “clickout” or otherwise “purchase” (referred to herein, collectively as “Purchase”) Camel Back Publishing Content, Camel Back Publishing grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Camel Back Publishing Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Camel Back Publishing Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Camel Back Publishing Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Camel Back Publishing Content or attempt to do so; or (B) modify the Camel Back Publishing Content or create any derivative works therefrom. This license to the Camel Back Publishing Content you Purchase will continue for as long as your copy of Camel Back Publishing Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

b. Camel Back Publishing Site Access License. Camel Back Publishing grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Camel Back Publishing Site and not to download (other than page caching) or modify all or any portion of the Camel Back Publishing Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Camel Back Publishing 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. The Camel Back Publishing Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Camel Back Publishing, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Camel Back Publishing Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Camel Back Publishing logo or other proprietary graphic or trademark as part of the link without express written permission.

c. No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

7. Camelbackpublishing.com Gift Certificates. The purchase of a Camel Back Publishing Gift Certificate (“Gift Certificate”) is non-refundable and cannot be redeemed by the recipient for cash. Gift Certificates expire as set forth on the Gift Certificate or in its terms and conditions.

8. Right to Change Prices. Prices of all Camel Back Publishing Content are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Camel Back Publishing Site.

9. Intellectual Property.
a. Removal of Audible Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Camel Back Publishing Content othat violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Audible Content or materials under this Agreement.

b. Copyrights. All copyrights in and to Camel Back Publishing materials are owned by Camel Back Publishing and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS ON OR IN CONNECTION WITH CAMEL BACK PUBLISHING, SUCH AS PRODUCTS THAT DOWNLOAD THE CAMEL BACK PUBLISHING SITE OR ANY OF THE PAGES OF THE CAMEL BACK PUBLISHING SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO CAMEL BACK PUBLISHING MATERIALS. REPRODUCTION OR USE OF CAMEL BACK PUBLISHING MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

c. Trademarks. Camel Back Publishing, service marks, graphics and logos used in connection with Camel Back Publishing are trademarks or registered trademarks of Camel Back Publishing in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with Camel Back Publishing are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited.

10. Termination of Camel Back Publishing. We reserve the right to modify, suspend or discontinue Camel Back Publishing (or any part thereof) or any Camel Back Publishing Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.

11. No Responsibility for Third Party Materials or Web sites. Certain content, Camel Back Publishing Content, products and services available via Camel Back Publishing may include materials from third parties. In addition, we may provide links to certain third party Web sites. Links to other Web sites are provided solely as a convenience to you.

12. Limited Express Warranty. Except as expressly provided herein, Camel Back Publishing is provided “AS IS” and “AS AVAILABLE”. Camel Back Publishing is only warranted as stated below:

Camel Back Publishing warrants that the media in which the Camel Back Publishing Content is provided will be free from defect. If you find a defect in Camel Back Publishing Content, your sole remedy is to call Camel Back Publishing Customer Service at (818) 395-3317 and Camel Back Publishing will consult with you on proper downloading procedures and hardware requirements.

There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through Camel Back Publishing.

The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Camel Back Publishing Content or the media on which the Camel Back Publishing Content are furnished, or the user’s lack of the necessary hardware/software.

13. Limitation on Liability.
IN NO EVENT SHALL CAMEL BACK PUBLISHING HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF CAMEL BACK PUBLISHING. CAMEL BACK PUBLISHING IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CAMEL BACK PUBLISHING CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH CAMEL BACK PUBLISHING.

WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL CAMEL BACK PUBLISHING OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE CAMEL BACK PUBLISHING CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

14. Indemnity. You agree to indemnify and hold harmless Camel Back Publishing, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys’ fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of Camel Back Publishing Content.

15. Governing Law. This Agreement will be exclusively governed by the laws of the State of California without regard to its principles on the conflicts of laws.

16. Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Camel Back Publishing for any violation of Camel Back Publishing’s intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Los Angeles, California, USA.

17. Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of Camel Back Publishing. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Camel Back Publishing Site. Your continued use of the Camel Back Publishing Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

18. Miscellaneous. This Agreement constitutes the entire agreement between you and Camel Back Publishing, and supersedes any prior agreements between you and Camel Back Publishing, written or oral, with respect to the subject matter herein. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of Camel Back Publishing to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Camel Back Publishing will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Camel Back Publishing hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Camel Back Publishing.

NOTE: INQUIRIES (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS) SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP AT VIA EMAIL TO service@camelbackpublishing.com OR BY PHONE TO (818) 395-3317.