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Terms and Conditions

This Agreement ("Agreement") is made and entered into between Beaten Track Publishing ("Beaten Track", "BeatenTrack", "B10Track", "beatentrackpublishing.com" "we", "our" or "us"), and you ("you" or your"), and is effective as of the date you sign up and click that you have understood and accepted the following (the "Effective Date"):

1. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately, or if for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.
The material provided on this Site is protected by law, including, but not limited to, United Kingdom law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact Beaten Track Publishing at legal@BeatenTrackPublishing.com.
This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with Morganas Lair for products, software, services or otherwise, unless otherwise directed by Beaten Track Publishing.

2. Website Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. You understand that Beaten Track Publishing does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Beaten Track Publishing be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that Beaten Track Publishing does not guarantee their accuracy.

3. System Requirements. Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site or the Services involves hardware, software, and Internet access, your ability to use the Site or the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site or the Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site or the Services.

4. Intellectual Property. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files, including without limitation, the selection, sequence, 'look and feel' and arrangement thereof (the "Materials") are copyrighted Materials, ALL RIGHTS RESERVED. THE USE OF THE MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Beaten Track Publishing, the Beaten Track Publishing logo, and other Beaten Track Publishing trademarks, service marks, graphics, and logos used in connection with the Services may not be reproduced without written permission. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners (the "Third Party Marks"). The terms "Beaten Track Publishing Marks" and "Third Party Marks" are collectively referred to as the "Marks". In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Beaten Track Publishing or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of Beaten Track Publishing or the owner of the Mark(s) at issue. The misuse of the Marks displayed on this Site is strictly prohibited. The term "Materials" includes "Marks" as well.
This Site, the Materials, the Marks, the Services, including, without limitation, any of Beaten Track Publishing's or its licensor's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of Beaten Track Publishing, its suppliers or other third parties.
Any Materials that are made available to download from this Site are the copyrighted work of Beaten Track Publishing and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.

5. Rules of Conduct. You acknowledge and agree that your use of the Services and Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your usage. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You shall not, allow, or enable others to: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of Beaten Track Publishing, (c) "frame" or "mirror" any Materials contained on this Site on any other server without the prior written permission from Beaten Track Publishing, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, (g) delete or write over any portion of any software relating in any manner to the Site or the Services, (h) provide, post, upload, input or submit libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, (i) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing", (j) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (k) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorised use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Beaten Track Publishing reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.

6. Monitoring the Site. Beaten Track Publishing has the right, but not the obligation, to monitor this Site. Beaten Track Publishing reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in Beaten Track Publishing's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that Beaten Track Publishing may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that uploaded Content will be retained by this Site, the maximum disk space that will be allotted on Beaten Track Publishing servers, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this Site in a given period of time. You agree that Beaten Track Publishing has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site. Beaten Track Publishing is not responsible for any user's Content that may appear on this Site; nor is Beaten Track Publishing responsible for or involved in reviewing, editing, or removing any Content on this Site. Beaten Track Publishing also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Beaten Track Publishing does not assume any liability associated with a user's use of the Services, the Materials, or this Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.

7. Hyperlinks. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Beaten Track Publishing, or any of Beaten Track Publishing's subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. Beaten Track Publishing does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether the Site's or Beaten Track Publishing's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.

8. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

9. Delivery of Products. Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by Beaten Track Publishing (or any agent, subcontractor, or other third party working on behalf of Beaten Track Publishing) to its carrier. While Beaten Track Publishing and its affiliates strive to be as accurate as possible, Beaten Track Publishing and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free.

10. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorised third party intrusion. You understand and agree that all information you submit to Beaten Track Publishing is done so at your own risk.

11. Termination. Beaten Track Publishing may terminate your use of the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

12. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content and Materials associated with your use of the Site.
IN NO CASE SHALL BEATEN TRACK PUBLISHING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, 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 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, BEATEN TRACK PUBLISHING'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.

13. Indemnification and Release. By using the Services you agree to indemnify, defend and hold the Site, Beaten Track Publishing, or Beaten Track Publishing's subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. In addition, if you have a dispute with one or more users, you agree to release Beaten Track Publishing (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes.
Beaten Track Publishing reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Beaten Track Publishing in the defence of any such claim, action, settlement or compromise negotiations, as requested by Beaten Track Publishing.

14. Privacy. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.

15. Advertising. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

16. Contests, Sweepstakes, Auctions and Promotions. From time to time, Beaten Track Publishing, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

17. Force Majeure. Beaten Track Publishing shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.

18. Notices. All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.K. Mail, or (iii) by a posting on the Site. Notices shall become effective immediately.

19. Modification. Beaten Track Publishing may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement.

20. Assignment. Beaten Track Publishing may freely assign this Agreement without your prior consent and all of Beaten Track Publishing's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of Beaten Track Publishing, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

21. General. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. You may be subject to additional terms and conditions that may apply when you use affiliated services or third-party content. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions. The failure ofBeaten Track Publishing to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Beaten Track Publishing of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

The current version of this Agreement is dated March 18th, 2012 and is effective immediately.



Privacy

In this Website Privacy Statement ("statement"), we, Beaten Track ("Beaten Track Publishing", "BeatenTrackPublishing.com" "we", "our" or "us"), provide information about how we collect, use and transfer personally identifiable data from you, an individual person and website visitor. Full company registration, trading, telephone and email details can be found on our "Contact Us" web page.

This statement covers only data collected through the site and not any other data collection or processing, including, without limitation, data collection practices of web pages to which the site links. Where data is handled by service providers that we use, we ensure that they comply with the UK Data Protection Act relating to transfers of EEA data by adhering to the Safe Harbor Privacy Principles published by US Department of Commerce ("Safe Harbor Principles") with respect to personal data about individuals in the EEA that we receive from our subsidiaries, customers and other business partners.

Types of Data and Collection Methods
Actively Submitted Data: When you submit and order, request information, subscribe to a mailing list or for a service, respond to an online survey or otherwise actively send us data, we usually collect data such as your name, e-mail address(es), mailing address(es), telephone number(s). You can opt out of providing information by not providing require information, but this may prevent us completing any transaction or information request. In each such instance, you will know what data we collect through the site, because you actively submit it.

Passively Tracked Data:
When you visit the site, we may also passively track information on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the site, the Internet address of websites from which you link to our site, the computer technology you are using and your movements and preferences on our site. We use technology that many other websites employ, including, without limitation, "cookies" or small data files stored on your computer's hard drive, to collect such information. In some instances, we also use cookies to collect information in connection with future visits from that website, to recognise you as a previous visitor, or to track your activity on our site. If you follow a link to the site from an affiliate or promotion, we store information about your arrival from that affiliate or promotion in a session cookie. You do not need to have cookies turned on to visit our site. You can refuse cookies by turning them off on your browser. But, if you want to access webpages that require registration, you need to accept a mandatory session cookie, which you can delete after you leave the site.

Collection Purposes, Use of Data
We collect passively tracked data primarily for purposes of administering, protecting and improving our site and our systems, to better understand the preferences of our site visitors, to identify server problems, to compile aggregated statistics about site usage, and to help personalise your experience on our site. We collect actively submitted data primarily for two purposes: Firstly, for the purpose for which you originally sent us the data (e.g., to fulfill orders submitted); and secondly, for purposes of contacting you to further discuss your interest in our company, the products we provide and ways we can improve them. You can opt out of receiving marketing emails by emailing or writing to us or using the means made available on the communication itself.

Disclosures of Personal Information
We do not share your personally identifiable information with others, except as follows: We engage agents and service providers who process data only on our behalf and for our purposes under confidentiality agreements. We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganisation of all or parts of our business. Also, we reserve the right to fully use and disclose any information that is not in personally identifiable form (such as statistics and survey results that do not identify you individually by name).

Access
If personal information you have submitted through the site is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to privacy@BeatenTrackPublishing.com. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

Security
Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorised access, disclosure, alteration, and destruction. Customer data is transferred with 128-bit SSL data encryption, and only the last four numbers of credit card details are viewable on customer records in our order processing and accounting systems.

Further Information:
If you would like further assurance of how our web store and company transactions are handled please contact us.

Effective Date, Amendments:
This statement is effective as of April 29th, 2012. We reserve the right to change, modify, add or remove portions of this statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this statement as posted on the site at that time. We recommend that users revisit this statement on occasion to learn of any changes.