Adventure into the darkness . . . and let the sparks fly!
OVERVIEW
This website is operated by Author
Erin Richards. Throughout the site, the terms “we”, “us” and “our” refer to
Author Erin Richards. Erin Richards offers this website, including all
information, tools, and Services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies, and
notices stated herein.
By visiting our site and/or
purchasing something from us, you engage in our “Service” and agree to be
bound by the following terms and conditions (“Terms of Service” or “Terms”),
including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of Service. If you do
not agree to all the terms and conditions of this agreement, then you may
not access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are
added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on
Soundwise. They provide us with the
online e-commerce platform that allows us to sell our products and Services
to you.
SECTION 1 - ONLINE STORE TERMS
a.
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
b.
You may not use our products for any illegal or
unauthorized purpose, nor may you, in the use of the Service, violate any
laws in your jurisdiction (including, but not limited to, copyright laws).
c.
You must not transmit any worms or viruses or any
code of a destructive nature.
d.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
b.
You understand that your content (not including
credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
c.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access
to the Service or any contact on the website through which the Service is
provided, without express written permission by us.
d.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND
TIMELINESS OF INFORMATION
b.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at
any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE
SERVICE AND PRICES
b.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at
any time.
c.
We shall not be liable to you or to any third-party
for any modification, price change, suspension, or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES
a.
Certain products or Services may be available
exclusively online through the website. Specifically, these Terms of Service
govern the sale of digital products such as audiobooks and eBooks.
b.
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color will be
accurate.
c.
We reserve the right, but are not obligated, to limit
the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any
time without notice, at our sole discretion. We reserve the right to
discontinue any product at any time. Any offer for any product or Service
made on this site is void where prohibited.
d.
We do not warrant that the quality of any products,
Services, information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be corrected.
e.
Please see our Refund Policy regarding refunds.
f.
Please see our FAQs regarding delivery of digital
products.
SECTION 6 – SECURE CREDIT CARD PAYMENT
b.
Online payments for Author Erin Richards are handled
by Soundwise and the Stripe payment processing company. All customer credit
card information is securely submitted and processed entirely on
Soundwise/Stripe. We cannot access, view, process, or store sensitive
cardholder data (such as credit card numbers, PIN codes or CCV codes).
Credit card details are encrypted by SSL in the customer’s browser before
they are sent to Soundwise/Stripe and are never exposed in clear-text.
SECTION 7 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION
b.
You agree to provide current, complete, and accurate
purchase and account information for all purchases made at our store. You
agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
b.
You acknowledge and agree that we provide access to
such tools “as-is” and “as-available” without any warranties,
representations, or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
c.
Any use by you of the optional tools offered through
the site is entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
d.
We may also, in the future, offer new Services and/or
features through the website (including the release of new tools and
resources). Such new features and/or Services shall also be subject to these
Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
b.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy, and we do not warrant
and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or Services of
third-parties.
c.
We are not liable for any harm or damages related to
the purchase or use of goods, Services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to
the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK,
AND OTHER SUBMISSIONS
a.
If, at our request, you send certain specific
submissions (for example, contest entries) or without a request from us, you
send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
“comments”), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments.
b.
We may, but have no obligation to, monitor, edit, or
remove content that we determine in our sole discretion to be unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene, or
otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.
c.
You agree that your comments will not violate any
right of any third-party, including patent, copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could
in any way affect the operation of the Service or any related website. You
may not use a false email address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy.
Click here to view
our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES, AND
OMISSIONS
b.
We undertake no obligation to update, amend, or
clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions
as set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of
the Service or of any related website, other websites, or the Internet; (h)
to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
a.
We do not guarantee, represent or warrant that your
use of our Service will be uninterrupted, timely, secure, or error-free.
b.
We do not warrant that the results that may be
obtained from the use of the Service will be accurate or reliable.
c.
You agree that from time to time we may remove the
Service for indefinite periods of time or cancel the Service at any time,
without notice to you.
d.
You expressly agree that your use of, or inability to
use, the Service is at your sole risk. The Service and all products and
Services delivered to you through the Service are (except as expressly
stated by us) provided “as-is” and “as-available” for your use, without any
representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title,
and non-infringement.
e.
In no case shall Erin Richards, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers, or licensors be liable for any injury, loss, claim, or
any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation, lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict
liability, or otherwise, arising from your use of any of the Services or any
products procured using the Service, or for any other claim related in any
way to your use of the Service or any product, including, but not limited
to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the Service or any content (or
product) posted, transmitted, or otherwise made available via the Service,
even if advised of their possibility. Because some states or jurisdictions
do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall
be limited to the maximum extent permitted by law.
SECTION 15 – CONSUMER PROTECTION LAW
Where any consumer protection
legislation in your jurisdiction applies and cannot be excluded, these Terms
of Service will not limit your legal rights and remedies under that
legislation. These Terms of Service will be read subject to the mandatory
provisions of that legislation. If there is a conflict between these Terms
of Service and that legislation, the mandatory provisions of the legislation
will apply.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, and
hold harmless Erin Richards and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, Service
providers, subcontractors, suppliers, interns, and employees from any claim
or demand, including reasonable attorneys’ fees, made by any third-party due
to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of
a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of
these Terms of Service is determined to be unlawful, void, or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
b.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our Services, or
when you cease using our site.
c.
If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time without notice,
and you will remain liable for all amounts due up to and including the date
of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 19 - ENTIRE AGREEMENT
b.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to the Service constitutes the
entire agreement and understanding between you and us and governs your use
of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
c.
Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of the United States.
SECTION 21 - CHANGES TO TERMS OF
SERVICE
You can review the most current
version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms
of Service constitutes acceptance of those changes.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Email: erin@erinrichards.com
You can also contact us through the feedback
form available on our site at:
http://www.erinrichards.com/connect.htm
Refunds do not apply to digital goods,
i.e., eBooks and audiobooks. These are instant downloads.
For audiobooks, there is a Soundcloud
sample. Please listen to it first to see if you like it.
Please choose and buy carefully. Refunds
are only given if you buy a duplicate item within 48 hours of first
purchase in which case the duplicate item will be refunded.
For refund queries, please email
erin@erinrichards.com within 48 hours of receiving your digital product
(according to the tracking). Please use the subject "returns" and
include your name, order number, and screenshot of duplicate item.
When you purchase digital goods from
www.erinrichards.com or via
our Soundwise store, collectively known as the “Site,” digital goods are
delivered instantly by an email from Soundwise to the email address you
used at checkout. This email will typically provide you with a link to
activate your purchase and download the content. If you don't see the
email in your inbox, please check your spam folder, or if you’re using
Gmail, check your Promotions tab. You can also add Soundwise as a
trusted contact to ensure future emails are delivered properly.
You are required to provide us with a complete and accurate delivery email address. We are not liable for the delivery of your goods to the wrong email address or wrong person as a result of you providing us with inaccurate or incomplete information.
"It is perfectly okay to write garbage—as long as you edit brilliantly."
– C. J. Cherryh
"Words are a lens to focus one’s mind."
– Ayn Rand
"Half my life is an act of revision."
– John Irving
"There’s no such thing as writer’s block. That was invented by people in California who couldn’t write." (LOL!)
– Terry Pratchett
"Tell the readers a story! Because without a story, you are merely using words to prove you can string them together in logical sentences."
– Anne McCaffrey
"I try to create sympathy for my characters, then turn the monsters loose."
– Stephen King
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