Terms and Conditions

Terms and Conditions of Use - AZALIA

For terms and conditions applicable to digital content, please refer to the AZALIA Terms of Service

Welcome to AZALIA website (the "AZALIA Site"), a website owned and operated by AZALIA.

The terms and conditions stated below, along with the policies and guidelines located throughout AZALIA Site (collectively herein the "Terms of Use") identify what you, as a user of AZALIA Site ("you" or "User") can expect from AZALIA, Inc., its parent, subsidiaries, and affiliates (together referred to herein as AZALIA), and/or persons who provide products or services to AZALIA customers either directly or through AZALIA Site ("AZALIA Providers") and what AZALIA in turn expects from Users. By visiting any area on AZALIA Site, creating an account, making a purchase via AZALIA Site, downloading an AZALIA retail software application ("AZALIA Software")from an AZALIA Site, joining any AZALIA online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to AZALIA user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "AZALIA.com Services"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave AZALIA Site immediately.

Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows ("Digital Content"). To review the Terms of Service for the AZALIA, click here.

I.         LICENSES AND RESTRICTIONS

II.        TRADEMARKS

III.       CONTENT

IV.       EXPORT

V.       PRICES

VI.       RISK OF LOSS

VII.      PRODUCT DESCRIPTIONS

VIII.     AGE OF USERS

IX.       TERMINATION OF USAGE

X.        INDEMNITY

XI.       PASSWORD AND ACCOUNT SECURITY

XII.      INTERACTIVE COMMUNITY

XIII.     NOTICES

XIV.     DISCLAIMERS AND LIMITATION OF LIABILITY

XV.      SEVERABILITY

XVI.     APPLICABLE LAW; JURISDICTION

XVII.    DISPUTE RESOLUTION

XVIII.   DIGITAL MILLENIUM COPYRIGHT ACT

XIX.     ADDITIONAL TERMS AND CONDITIONS

XX.      ACKNOWLEDGMENT

XXI.     MODIFICATION

 

I. LICENSES AND RESTRICTIONS
AZALIA grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with AZALIA) of the contents of AZALIA Site, which includes AZALIA Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. AZALIA further grants the User a limited, nonexclusive and revocable right to create a hyperlink to AZALIA Site so long as the link does not portray AZALIA, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

  • • modify, download (other than page caching, reproduce, copy, or resell AZALIA Site, the Content or any portion or derivative thereof;
  • • modify, download (other than page caching, reproduce, copy, or resell AZALIA Site, the Content or any portion or derivative thereof;
  • • commercially use AZALIA Site, the Content or any portion derivative thereof (unless User has a business relationship with AZALIA);
  • • copy or download any User's account or profile information for the benefit of any third party;
  • • enable high volume, automated, electronic processes that apply to AZALIA Site or its systems, the Content or any portion or derivative thereof;
  • • use any robot, spider, data miner, crawler, scraper or other automated means to access or index AZALIA Site or its systems, the Content or any portion or derivative thereof for any purpose;
  • • interfere or attempt to interfere with the proper working of AZALIA Site;
  • • bypass any measures used by AZALIA to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
  • • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AZALIA;
  • • use AZALIA's name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
  • • compile, repackage, disseminate or otherwise use data extracted from AZALIA Site.

 

The foregoing are expressly prohibited; the right to do any of the foregoing shall require AZALIA's express written consent (which may include a written agreement signed by an authorized representative of AZALIA). Any unauthorized use of AZALIA Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by AZALIA.

II. TRADEMARKS
AZALIA, or its parent, subsidiaries, or affiliates, or third parties from whom AZALIA has permission, own the trademarks or service marks that are used on AZALIA Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of AZALIAand its licensors may not be used without prior written consent of AZALIA or its licensor, as the case may be. Without limiting the foregoing, no AZALIA trademark or trade dress may be used in connection with any product or service that is not AZALIA's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits AZALIA.

III. CONTENT
Proprietary Rights
User acknowledges that AZALIA Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the GHANAcopyright laws, and AZALIA owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on AZALIA Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the GHANAcopyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

Third-Party Content
AZALIA is a distributor and not a publisher of Content supplied by third parties and Users. AZALIA has no editorial control over such Content. AZALIA is not obligated to review Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of AZALIA or any AZALIA.com Provider, unless expressly stated otherwise. Neither AZALIA nor any AZALIA.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through AZALIA Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either AZALIA or any AZALIA.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through AZALIA Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through AZALIA Site.

IV. EXPORT
Any software distributed by AZALIA is "commercial computer software" or "commercial computer software documentation." The Ghana Government's rights with respect to the AZALIA Software are limited by these Terms and Conditions of Use, pursuant to _________(a) and/or __________(a), as applicable. User agrees that by installing, copying, or otherwise using the AZALIA Software and AZALIA Site that: (i) User does not reside in a country subject to embargo or export controls by the GHANA Government; (ii) User is not on the List of Denied Persons as published by the GHANA government; and (iii) User will not use the AZALIA Software or AZALIA Site for any illegal purpose. Because the AZALIA Software, AZALIA Site, and related technical data are subject to GHANA’s export controls, User agrees that User shall not upload, export or "re-export" (transfer) the AZALIA Software or any Content, including User Created Content, unless User has complied with all applicable GHANA’s export controls.

V. PRICES
The price for an item on AZALIA Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on AZALIA Site. If the price for the item on AZALIA Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of AZALIA, AZALIA may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by AZALIA. Any purchases from any third-party sellers on AZALIA Site may be subject to different policies in the event of an incorrectly priced item.

Please note that this policy regarding prices applies only to items sold and shipped by AZALIA. Any purchases from any third-party sellers on AZALIA Site may be subject to different policies in the event of an incorrectly priced item.

VI. RISK OF LOSS
The risk of loss and title for all items purchased via AZALIA Site pass to the User upon delivery of the item to the carrier.

VII. PRODUCT DESCRIPTION
The items offered for sale on AZALIA Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. AZALIA does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM AZALIATHAT IS NOT AS DESCRIBED ON AZALIASITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use AZALIA websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the AZALIA websites, we will remove that information as soon as possible.

IX. TERMINATION OF USAGE
AZALIA may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of AZALIA Site including any account thereon, without notice, for any reason in AZALIA's sole discretion, including without limitation violation of the Terms of Use, AZALIA's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, AZALIA, any AZALIA.com Provider or another User.

In certain cases, in AZALIA's sole discretion, AZALIA may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of AZALIA Site has been terminated including the right to use, access or create any account thereon; (ii) that AZALIA refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

X. INDEMNITY
User agrees to indemnify and hold AZALIA and each AZALIA.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of AZALIA Site, AZALIA Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.

XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on AZALIA Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her AZALIA account using an old e-mail address, such User will not receive messages from AZALIA about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's AZALIA account or within AZALIA Site interactive community.

XII. INTERACTIVE COMMUNITY
AZALIA Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the AZALIA Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.

Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any AZALIA.com Site Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through AZALIA Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. AZALIA reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

AZALIA reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.

If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.

Notwithstanding the foregoing, AZALIA assumes no responsibility for ongoing monitoring of AZALIA Site or for removal or editing of any User Created Content, even after receiving notice. AZALIA assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.

AZALIA Site online Interactive Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. AZALIA does not specifically sponsor or endorse any of these sites or their services.

You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of AZALIA Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of AZALIA Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on AZALIA Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from AZALIA Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.

Interactive Community Users may upload to or otherwise submit to AZALIA for distribution on AZALIA Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for AZALIA to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." AZALIA is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. AZALIA assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted AZALIA, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to AZALIA retains any and all rights which may exist in such User Created Content.

XIII. NOTICES
User consents to receive electronic communications from AZALIA, whether addressed to the e-mail address associated with such User's AZALIA account or posted on AZALIA Site. User acknowledges and agrees that any communication via e-mail or by postings on this AZALIA.com Site satisfies any legal requirement that such communications be made in writing.

XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
AZALIA is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on AZALIA Site or through AZALIA Services, whether caused by Users of AZALIA Site or AZALIA Services or by any of the equipment or programming associated with or utilized in AZALIA Site or AZALIA Services, including the AZALIA Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of AZALIA. Profiles and third party applications created and posted by Users on AZALIA Site may contain links to other websites. AZALIA is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by AZALIA. Inclusion of any linked website on AZALIA Services does not imply approval or endorsement of the linked website by AZALIA. When you access these third party sites, you do so at your own risk. AZALIA takes no responsibility for third party advertisements or third party applications that are posted on or through AZALIA Site or AZALIA Services, nor does it take any responsibility for the goods or services provided by its advertisers. AZALIA is not responsible for the conduct, whether online or offline, of any User of AZALIA Site or AZALIA Services. AZALIA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. AZALIA is not responsible for any problems or technical malfunction of the AZALIA Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of AZALIA Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with AZALIA Site or Services. Under no circumstances shall AZALIA be responsible for any loss or damage, including personal injury or death, resulting from use of AZALIA Site or Services, from any Content, including User Created Content, posted on or through AZALIA Services, from the AZALIA Software, or from the conduct of any Users of AZALIA Site or AZALIA.com Services, whether online or offline.

AZALIA Site and the AZALIA Software are provided by AZALIA on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each AZALIA.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither AZALIA nor any AZALIA.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of AZALIA Site, or the information, Content, including User Created Content, the AZALIA Software, and materials or products included thereon; (ii) that AZALIA Site or the AZALIA Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, the AZALIA Software, or merchandise provided through AZALIA Site; or (iv) that AZALIA Site, its servers, the AZALIA Software, Content, including User Created Content, or e-mails sent from or on behalf of AZALIA are free of viruses, scripts, trojan horses, worms or other harmful components.

AZALIA does not guarantee the continuous, uninterrupted or secure access to AZALIA Site, the AZALIA Software, or any related services. The operation of AZALIA Site and the AZALIA Software may be interfered with by numerous factors outside the control of AZALIA.

Under no circumstances shall AZALIA or any AZALIA.com Provider be liable for any damages that result from the use of or inability to use AZALIA Site, including but not limited to reliance by a User on any information obtained from AZALIA Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, 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 AZALIA's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Created Content, the AZALIA Software, merchandise, and services available through AZALIA Site.

Neither AZALIA nor any AZALIA.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of AZALIA Site, the AZALIA Software, or the purchase or download of any Content, or product there from, even if AZALIA or any AZALIA.com Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XV. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of AZALIA to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XVI. APPLICABLE LAW; JURISDICTION
AZALIA Site is created and controlled by AZALIA in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of AZALIA and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.

XVII. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Terms of Use, AZALIA Site or any AZALIA.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at AZALIA's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. AZALIA reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT. – Ghana laws
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under GHANA copyright law. If you believe in good faith that materials hosted by AZALIA, including User Created Content, infringe your copyright, you (or your agent) may send AZALIA a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AZALIA to locate the material on the AZALIA Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send AZALIA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: , Copyright Agent, AZALIA, Inc. Legal Department, 122 Fifth Avenue, New York, New York 10011, at DMCANOTICE@azaliabooks.com. AZALIA suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XIX. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout AZALIA Site, the following policies are incorporated into the Terms of Use:

·      Copyright Policy: ****type website**** (also accessible via a link on the bottom of AZALIA Site pages)

·      Privacy Policy: *********** (also accessible via a link on the bottom of AZALIA Site pages)

XX. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and AZALIA regarding User's relationship with AZALIA and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XXI. MODIFICATION
AZALIA reserves the right to make changes to AZALIA Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on April 10, 2014. Click here to see a prior version of the Terms of Use.