Terms and Conditions
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) is a contract between you and Jon La Plante and applies to your use of the services provided through KindleTrend.com. If you are unwilling to consent to be bound by said terms and conditions found in this agreement, please do not use the services offered by this site. Usage of said application constitutes agreement with the following terms and conditions. Additionally, Jon La Plante retains all rights not expressly granted by in this Agreement.
Jon La Plante has developed and licenses to users this software program, marketed under the name KindleTrend.com (the “Software”).
Jon La Plante may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 10 days after they are initially posted on our site.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
Sometimes we make components of KindleTrend.com available in “Beta”, which have been tested and debugged but not proven in a production environment. We disclaim any responsibly of harm that may occur by using KindleTrend.com when using “Beta” labeled features. Further, Jon La Plante makes no promises or claims as to availability or uptime of KindleTrend.com.
Developer hereby grants to Licensee a monthly, non-exclusive, limited license to use the Software as set forth in this Agreement.
Licensee shall not download, modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Licensee agrees not use KindleTrend.com for the sale or promotion of pornography, gambling, nor any illicit or illegal services or activities. Licensee agrees not to use KindleTrend.com for the willful deception of clients, customers, or visitors. Licensee agrees that violation of these terms is punishable by immediate termination of licensees account and access to KindleTrend.com and, in cases of illegal activity, licensee understands that KindleTrend.com may be compelled to provide said licensee’s personal details to the authorities.
NOTE: NO FEES WILL BE CHARGED FOR THE USE OF KindleTrend.com DURING IT’S BETA TESTING. AFTER BETA TESTING CLOSES, NO FEES WILL BE CHARGED WITHOUT EXPRESS CONSENT OF BETA USERS. In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer in accordance with the specific subscription program cost each month throughout the subscription duration.
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Jon La Plante shall make reasonable efforts to ensure that KindleTrend.com incorporated services function as described. Some countries, principalities, states, or regions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from geography to geography.
Access and Interference
Our website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the KindleTrend.com site or any activities conducted on our site. You agree that you will not use any robot, spider, other automatic device, or manual process to create KindleTrend.com accounts. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not perform load testing on our website. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our website without the prior expressed written permission of Jon La Plante or the appropriate third party. KindleTrend.com is solely to be used as an analytics and metrics service for marketing purposes as described in the site verbiage and cannot be used for any other purpose, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of our service, without prior written consent from Jon La Plante. If you use KindleTrend.com for any excluded purpose, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Privacy and Security
Limitation of Liability
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise. Additionally, under no circumstances shall Jon La Plante, our parent, subsidiaries, employees, or suppliers be liable for damages or losses, tangible or intangible, incidental or consequential, arising out of or in connection with our service or this agreement (however arising, including negligence).
3rd Party Data Indemnification
Our service provides analytical data for Amazon.com’s Kindle ebook store. While we strive to offer the very best service possible, we are beholden to Amazon and the data they provide in the Kindle store. You agree to indemnify and hold Jon La Plante, KindleTrend.com, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any changes to the available data, including discontinuation of the KindleTrend.com service, due to actions on the part of Amazon.com.
You agree to indemnify and hold Jon La Plante, KindleTrend.com, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from Jon La Plante in electronic form. Electronic Communications may be posted on the pages within the Jon La Plante website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than fifteen (15) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Jon La Plante reserves the right but assumes no obligation to provide Communications in paper format.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services to: B. Nemcove 1751 | Praha Zapad | 253 01 | Hostivice, Czech Republic.
Phone support is available Mon – Fri between 8:30am and 8:30pm GMT+1, at +420 775 263 881.
This Agreement shall be construed and enforced in accordance with the laws of the country of Czech Republic.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
For traditional correspondence please contact:
Jon La Plante | B. Nemcove 1751 | Praha Zapad | 253 01 | Hostivice, Czech Republic.
Phone support is available Mon – Fri between 8:30am and 8:30pm GMT+1, at +420 775 263 881.