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Terms of Use

Governing All David Boles & Janna Sweenie Web Properties

Scope of These Terms

These terms of use establish the conditions under which you may access and use all web properties owned and operated by David Boles and Janna Sweenie. By accessing any of the following domains, subdomains, archives, or affiliated pages, you agree to be bound by these terms:

If you do not agree to these terms, you must discontinue use of our properties immediately. Continued access following any updates to these terms constitutes acceptance of the revised conditions.

Intellectual Property and Copyright

All content published on these web properties, including but not limited to text, articles, books, scripts, plays, poetry, images, photographs, graphics, audio recordings, video productions, podcasts, and software, is the exclusive intellectual property of David Boles, Janna Sweenie, or their designated licensors. This content is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our properties without prior written consent, except as follows: you may print or download one copy of a reasonable number of pages for personal, non-commercial use, provided you do not modify the content and retain all copyright and proprietary notices. You may share links to our content freely.

The names David Boles, Janna Sweenie, David Boles Books, Fractional Fiction, EleMenTs, Human Meme, Prairie Voice, Hardcore ASL, and all associated logos and marks are trademarks of their respective owners. Use of these marks without written permission is prohibited.

Acceptable Use

You agree to use our web properties only for lawful purposes and in accordance with these terms. You shall not use our sites in any way that violates applicable federal, state, local, or international law or regulation. You shall not attempt to gain unauthorized access to any portion of our sites, servers, or systems. You shall not engage in any conduct that restricts or inhibits anyone's use or enjoyment of our properties, or that may harm us or other users.

You shall not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission. You shall not introduce any viruses, malware, or other harmful material. You shall not attempt to interfere with the proper working of our sites.

User Contributions

Certain areas of our properties may allow users to submit comments, feedback, or other content. Any material you submit becomes non-confidential and non-proprietary upon submission. By submitting content, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content in any medium.

You represent and warrant that any content you submit is accurate, does not violate these terms, and will not cause injury to any person or entity. We reserve the right to remove or refuse any user contribution for any reason at our sole discretion.

Educational and Informational Purpose

The content on our web properties is provided for educational, informational, and entertainment purposes. While we strive for accuracy, we make no representations or warranties about the completeness, reliability, or suitability of any information. Any reliance you place on such information is strictly at your own risk.

Content relating to American Sign Language, theatrical production, publishing, or any other professional domain is not a substitute for formal instruction, professional training, or expert consultation. You should seek appropriate professional advice before acting on any information obtained from our sites.

External Links

Our web properties may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. The inclusion of any link does not imply endorsement or affiliation. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with use of any third-party content, goods, or services.

Disclaimer of Warranties

Our web properties and all content therein are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our sites will be uninterrupted, secure, or error-free, that defects will be corrected, or that our sites or servers are free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, David Boles, Janna Sweenie, and their affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our web properties; any conduct or content of any third party on our properties; any content obtained from our properties; or unauthorized access, use, or alteration of your transmissions or content.

Indemnification

You agree to indemnify, defend, and hold harmless David Boles, Janna Sweenie, and their affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these terms or your use of our web properties.

Governing Law and Jurisdiction

These terms and any dispute arising out of or related to them or our web properties shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for the resolution of any disputes.

Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Changes to These Terms

We reserve the right to revise these terms at any time without prior notice. Changes will be posted to this page with a revised effective date. Your continued use of our web properties following the posting of revised terms constitutes your acceptance of such changes. We encourage you to review these terms periodically.

Contact

If you have questions about these terms of use, please contact us by email at david@bolesbooks.com or by telephone at 212-982-7700.

Effective Date: January 2025