Literary Excellence
Founder of the Book Excellence Awards, our mission is to provide authors, publishers and literary professionals with essential tools and resources they need to succeed with their book marketing efforts.
Terms and Conditions

Last updated: March 2017

These Terms and Conditions (the "Terms") govern your use of the Service (the "Service") which includes but is not limited to: the Literary Excellence website and any other materials produced and distributed by Literary Excellence Incorporated.

Please read these Terms carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms in full and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of Literary Excellence Incorporated and are protected by copyright and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Literary Excellence Incorporated. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark and/or logo of Literary Excellence Incorporated or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. No copying, storage, redistribution or publication of any material is permitted without the express permission of Literary Excellence Incorporated and these Terms.

User Generated Content

User Generated Content (hereby referred to as, "User Generated Content") means material (including without limitation books, marketing materials, text, images, audio material, video material and audio-visual material) that you upload to the website for any purpose. We do not claim copyright or ownership of any User Generated Content.

You grant Literary Excellence Incorporated a worldwide, irrevocable, non-exclusive, royalty-free license to use and distribute your User Generated Content in any existing or future media only for the purpose of carrying out the Service. You also grant Literary Excellence Incorporated the right to sub-license these rights.

User Generated Content cannot be illegal or unlawful, it must not infringe on any third party's legal rights, and it must not give rise to legal action being raised against you, Literary Excellence Incorporated or a third party.

You cannot upload any material to the website that is or has been the subject of any threatened or actual legal action or similar complaint.

Literary Excellence Incorporated reserves the right to change or remove any material and/or User Generated Content uploaded to this website, or stored on Literary Excellence Incorporated's servers, or hosted or published on this website.

Purchases

If you wish to purchase any product or service made available through Literary Excellence Incorporated ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable should there be a failure in the completion of the Purchase, or any resulting loss or damages to you.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the products and services on the website.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time and/or without prior notice.

Despite our best efforts, the products or services available on our website may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Book Excellence Awards and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Literary Excellence Incorporated may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotions may be available for a limited time.

Links To Other Web Sites

Literary Excellence Incorporated websites may contain links to third-party web sites or services that are not owned or controlled by Literary Excellence Incorporated. Literary Excellence Incorporated has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Literary Excellence Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to Literary Excellence Incorporated services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Literary Excellence Incorporated services will immediately cease.

Indemnification

You agree to indemnify, defend and hold harmless Literary Excellence Incorporated, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.

Limitation Of Liability

Literary Excellence Incorporated, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Literary Excellence Incorporated Services; (ii) your inability to access or use the Literary Excellence Incorporated Services; (iii) any conduct or content of any third-party on or related to the Literary Excellence Incorporated Services; (iv) any content obtained from or through the Literary Excellence Incorporated Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

Literary Excellence Incorporated makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. YOUR USE OF THE Literary Excellence Incorporated SERVICES ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Literary Excellence Incorporated Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Literary Excellence Incorporated its subsidiaries, affiliates, and its licensors do not warrant that a) the Literary Excellence Incorporated Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Literary Excellence Incorporated Services are free of viruses or other harmful components; or d) the results of using the Literary Excellence Incorporated Services will meet your requirements.

IF YOU BREACH ANY OF THESE TERMS AND LITERARY EXCELLENCE INCORPORATED CHOOSES NOT TO IMMEDIATELY ACT, OR CHOOSES NOT TO ACT AT ALL, LITERARY EXCELLENCE INCORPORATED WILL STILL BE ENTITLED TO ALL RIGHTS AND REMEDIES AT ANY LATER DATE, OR IN ANY OTHER SITUATION, WHERE YOU BREACH THESE TERMS. LITERARY EXCELLENCE INCORPORATED DOES NOT WAIVE ANY OF ITS RIGHTS. LITERARY EXCELLENCE INCORPORATED SHALL NOT BE RESPONSIBLE FOR ANY PURPORTED BREACH OF THESE TERMS CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL. A PERSON WHO IS NOT A PARTY TO THESE TERMS SHALL HAVE NO RIGHTS OF ENFORCEMENT.

YOU MAY NOT ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Literary Excellence Incorporated Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. Notice will be given by an updated date posted in these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Literary Excellence Incorporated Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Literary Excellence Incorporated Services.

Contact Us

If you have any questions about these Terms and Conditions, please contact us through the contact form on our website.
Privacy Policy

Last updated: May 2018

This Privacy Policy governs the manner in which Literary Excellence Incorporated collects, uses, processes and discloses data we collect from you.

This privacy policy applies to data we collect on www.literaryexcellence.com, our website ("site"), and all other products and services we offer.

By providing us with your data, you agree to us using your data as outlined below and that you are over 13 years of age.

Data Controller

Representative: Literary Excellence Incorporated
Website: www.literaryexcellence.com
Address: 2880 Queen Street E., Suite 4306, Brampton, Ontario, Canada, L6S 6E8

How We Collect and Process Your Information

We may collect and process data from you when you:

(1) Visit our site

(2) Download a resource

(3) Create an account

(4) Submit an application

(5) Place an order

(6) Subscribe to our email list or newsletter

(7) Participate in a contest, promotion, or survey

(8) Request support

(9) Communicate with us through third-party applications such as email or social media

The type of data you may be asked for includes your:

(1) Contact information: Full Name, Position, Email address, Mailing address and/or country of residence, Phone number

(2) Account information: Username and Password

(3) Payment information: Credit card or PayPal information, billing address

(4) Answers to survey questions, personal reviews and testimonials

(5) Details of your visits to our site including, but not limited to, browser name, operating system, type of device, IP address, traffic data, location data and web logs

You may visit our site anonymously. We only collect information that you voluntarily submit. Our legal basis for each of the ways we collect information from you is by asking for your consent or to fulfill a legal contractual transaction. You are not required to provide any information and can refuse to supply information if you would like. However, this may prevent you from accessing all the services on our site. You can withdraw consent at any time by contacting us through the contact form on our website or by clicking the "unsubscribe" link at the bottom of an email message you receive from us.

Web browser cookies

We may use cookies or similar technologies to understand how you interact with our site for research purposes. You can set your web browser to refuse cookies or alert you when cookies are being sent. This can be adjusted in your web browser settings. Please note: if you choose to refuse or block cookies, some parts of our site may not function properly.

How We Use Collected Information

We collect your information for the following purposes:

1. To provide products, services or free resources: We use the information you provide to send you the products, services or information you requested and the association order confirmations and invoice or billing details.

2. To carry out your support requests: Information you provide helps us respond to your questions, comments, customer service requests and support needs.

3. To personalize your experience: We may use information to understand how you use the services and resources we provide.

4. To improve our Site: We may use feedback you provide to improve our products and services. We may monitor and analyze how you use our site to provide you with a better experience

5. To process payments: We may use the information you provide when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service and process the order transaction.

6. To run a promotion, contest, survey: We may send you information you agreed to receive about topics you have stated you were interested in or may be interested in. We may request that you provide information about your experience with our site for research and marketing purposes. However, participation is not mandatory.

7. To send periodic emails: We may send you information and updates pertaining to us, our site, our services and partner offers. We may also respond to your inquiries, questions, orders and/or other requests. If at any time you would like to unsubscribe from receiving future emails, you can do so by clicking the "unsubscribe" link at the bottom of each email or contacting us through the contact form on our website.

How We Store And Protect Your Information

We are located in Canada. Your data is stored and processed in Canada. However, your data may also be stored using third party applications in other countries. By providing your data, you agree to the transfer, storage and processing of your personal information.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, data breaches, data loss, theft, alteration, misuse, disclosure or destruction of your personal information.

In the event of a suspected data breach, we have a procedure in place and may notify you and applicable regulators if legally required.

How We Share Your Information

We may share your information in the following ways:

1. With consultants and/or third-party service providers to help us operate our business or administer activities on our behalf. These may include: payment processors to process your payments, customer service communication platforms, email service providers, website design and management services, IT administration services, lawyer services, banking services, auditing services, insurance services, collection agencies for collecting failed payments.

2. With advertisers to provide you with a more personalized experience and showcase our products and services.

3. To display on our site for marketing purposes.

4. If disclosure is necessary in accordance with an applicable law, regulation, legal process or government body.

5. With third party officers in order to resolve any violations of our Terms of Service, Privacy Policy, Rules and Regulations and any other Company policies.

6. During a merger, acquisition, financing or sale of all or a portion of our assets.

7. With your permission and consent.

We may share your information for the above limited purposes provided that you have given us your permission through submission of your information on the site. We only allow such third parties to process your information for specified purposes and in accordance with our instructions.

Your Information, Advertising and Third-Party Websites

You may find advertising or other content on our site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, is subject to that website's own terms and policies.

Advertisements appearing on our site may be delivered to you through advertising partners, who may use cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to deliver targeted advertisements they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers. We will not be held liable for any information collected through the use of cookies by any advertisers displayed on the site.

It is recommended that you review the Terms and Conditions, Terms of Use and Privacy Policies of any and all third-party websites to ensure you are aware of all terms governing their sites.

How We Maintain Your Data

Your personal data is only retained for as long as needed to carry out the purpose it was collected for. This may include but is not limited to: legal and accounting activities, reporting requirements, tax purposes, research and analytical purposes.

Your rights

You can ask us not to process your information for specific purposes such as email marketing. You can also ask us not to disclose your information to third parties. You can do so by contacting us through the contact form on our website.

You can withdraw consent to receiving communications from us such as email communications by clicking the "unsubscribe" link at the bottom of any email you receive or sending us an email through the contact form on our website.

You may access, update, change, add or delete information you have submitted to us by contacting us through the contact form on our website. You may request to export the personal information you have submitted to us. In order to complete this request, we may ask you for specific information to confirm your identity or better assist you with an appropriate response. We try to respond to reasonable requests within one month. We may continue to store information about you as required by law or for legitimate business purposes. We may also retain archived copies of information about you for a certain period of time.

You can choose to block or remove cookies from your web browser by adjusting your web browser settings. If you choose to block or remove cookies from your web browser, this may affect the functionality of our site.

Changes to this Privacy Policy

We may update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage you to check this page for any changes to stay informed about how we are helping to protect the personal information we collect about you. When appropriate, we may also notify you of changes by email if you have consented to receiving email communications from us.

You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of any modifications. By using this site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our site.

Contact Us

If you have any questions, comments or requests related to this Privacy Policy, please send them through the contact form on our website.
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