Terms and Conditions of Use

 

Welcome to K.N. Salustro | Author (knsalustro.com) (“Site”), a website owned and operated by Nova Dragon Studios, LLC (“Nova Dragon Studios”). The terms and conditions below, along with the policies and guidelines located throughout the Site (collectively, “T&C”) constitute a legally binding agreement between the user of the Site (“you” or “User”) and Nova Dragon Studios. By visiting the Site, making an account, signing up for a newsletter, making a purchase via the Site, or interacting with the Site in any other manner (all together “Services”), you agree that you have read, understood, and agree to be bound by the T&C.

 

If you do not agree to be bound by these T&C and to follow all applicable laws, you should leave the Site immediately.

 

Nova Dragon Studios reserves the right to modify or amend its T&C without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

 

Overall Terms of Use

 

Permitted Use of the Site. Nova Dragon Studios grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site. The license does not include any rights to:

(a) modify, reproduce, copy, or resell the any information, products, materials, or other content on the Site or sold on the Site (“Content”) or any portion or derivative thereof;

(b) commercially use the Content or any portion derivative thereof;

(c) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Services or its systems, the Content or any portion or derivative thereof for any purpose;

(d) interfere or attempt to interfere with the proper working of the Services;

(e) bypass any measures used by Nova Dragon Studios to prevent or restrict access to any portion of the Services, the Content or any portion or derivative thereof;

(f) use any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nova Dragon Studios; or

(g) compile, repackage, disseminate or otherwise use data extracted from the Services or Content.

Any unauthorized use of the Services, the Content or any portion or derivative thereof will terminate any license or permission granted by Nova Dragon Studios.

 

Content. User acknowledges that the Content 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.

 

Trademarks. Nova Dragon Studios, or third parties from whom Nova Dragon Studios has permission, own the trademarks or service marks that are used on the Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Nova Dragon Studios and its licensors may not be used without prior written consent of Nova Dragon Studios or its licensor, as the case may be. Without limiting the foregoing, no Nova Dragon Studios trademark or trade dress may be used in connection with any product or service that is not Nova Dragon Studios’, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Nova Dragon Studios.

 

Copyrights. All Content is or may be copyrighted under the U.S. copyright laws. 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 U.S. copyright 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.

 

Third-Party Content. The Site may occasionally contain third-party Content, such as reviews supplied by third parties. Nova Dragon Studios has no editorial control over such Content and is not obligated to review Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the third party. Neither Nova Dragon Studios nor any Nova Dragon Studios Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless expressly stated. Under no circumstance will Nova Dragon Studios be liable for any loss, damage, or harm caused by a User’s reliance on third-party Content.

 

Hyperlinks. This Site may contain hyperlinks to websites operated by parties other than Nova Dragon Studios, which are provided for your reference only. Nova Dragon Studios does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand such website’s practices and policies. Nova Dragon Studios’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

Age of Users. Children under the age of 13 may not create an account or provide personal information in any other manner. Purchases may only be made by individuals aged 18 or older. Other than the foregoing, there is no age restriction for visiting the Site, except where required by Law.

 

Law. User is responsible for complying with all applicable laws of its jurisdiction, including laws governing permitted website usage and import/export laws.

 

PURCHASES

 

Purchases. All Purchases are made subject to availability. Nova Dragon Studios may cancel an order at any time if an item is out of stock or for any other reason, in which case the User’s sole remedy will be a full refund. Physical items are sold only throughout the United States.

 

Electronic Book Usage. If you purchase an electronic book, you are only authorized to use it for personal, noncommercial use. You will not copy your electronic book to socially or commercially distribute copies to another device or online and agree that doing so is unlawful. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of an electronic book or otherwise copy, adapt, translate, make available, distribute, modify, disassemble, or reverse engineer an electronic book.

The formatting in which an electronic book is sold may change from time to time in the sole discretion of Nova Dragon Studios. You are responsible for ensuring your connection and device are compatible with the format of the electronic book.

 

Prices. The price for an item on the Site does not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the price of a Product is obviously incorrect or is charged incorrectly due to technical error, Nova Dragon Studios reserves the right, in its sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. The price for a Product displayed on the product page is applicable solely to residents of the United States.

 

Accepted Payment Types. The accepted payment types and methods will be listed at checkout and may vary between electronic books and physical items. If Nova Dragon Studios elects to start issuing gift cards, gift cards may be used towards physical item purchases only.

 

Sales Tax. Users residing in Illinois shall pay the applicable sales tax on all physical item purchases. Nova Dragon Studios reserves the right to assess sales tax on digital purchases or on physical item purchases in other states based on applicable law.

 

Refunds and Returns.

 

  1. Non-refundable Items. Digital items purchased from the Site are not refundable. Handmade plush items are non-refundable due to sanitary issues and COVID-19 concerns. 

  2. Return Policy for Refundable Items. Excluding the non-refundable items above, if User is unhappy with their purchase, they can contact orders@knsalustro.com to file a complaint and explain why the item was unsatisfactory. User must contact Nova Dragon Studios within seven (7) business days of receiving the item to be eligible for a refund. After the User has initiated the refund process by contacting Nova Dragon Studios, and Nova Dragon Studios authorizes the refund, the User must send the item, at the User’s own expense, in the same condition to the return address on the original packaging, postmarked within seven (7) business days of the date of authorization by Nova Dragon Studios. After verifying the item is in the same condition, Nova Dragon Studios will issue the User a full refund of the purchase price, excluding all shipping costs. Nova Dragon Studios will send the customer instructions on how to return an item for a refund in the response email to the customer’s complaint.

  3. Broken Items. In the case of items arriving broken, User shall be required to submit photo evidence of such broken items to orders@knsalustro.com. Once the User’s complaint has been verified via email, at the User’s election, Nova Dragon Studios can either: (a) offer a refund for the purchase price of the item; or (b) send a replacement free of charge via standard USPS shipping (or, at Nova Dragon Studio’s own discretion, via any other shipping companies). This option is not offered for handmade items, for which only a refund is possible once the complaint has been approved as detailed above. User must pay for priority or express shipping of replacement items. Original shipping costs on broken items are non-refundable.

  4. Items Returned from Undeliverable Address. All Users are responsible for ensuring that their shipment information is correct when placing an order. If Nova Dragon Studios receives a returned order due to an incorrect or undeliverable address, the User must pay for reshipment of the item(s). If a User elects not to have the item(s) reshipped to them, they can request to be refunded for one half of the initial purchase cost of the item(s). All shipping costs are nonrefundable.

 

Shipping and Tracking. Nova Dragon Studios will ship physical orders throughout the United States, primarily via USPS standard or priority mail, and will provide tracking numbers for such purchases whenever feasible. However, Nova Dragon Studios, at its own discretion, may opt for the services of alternative shipping companies. Tracking will not be provided for electronic book purchases, which will be delivered through BookFunnel. You are solely responsible for ensuring that your shipment information is correct when placing your order. All shipping costs are nonrefundable.

 

Shipping Risk. The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier. As such, Nova Dragon Studios will not be responsible for lost or stolen packages. In addition, Nova Dragon Studios does not offer any insurance other than the insurance provided by the shipping company that is included in the standard shipping price. The User may request additional shipping insurance, which Nova Dragon Studios may agree to purchase at User’s expense.

 

Order Cancellation. Orders for digital items may not be cancelled once the order is placed. Orders for physical items may be cancelled prior to shipment, but such cancellations must be made within twenty-four (24) hours of purchase.

 

NEWSLETTERS

 

Signing Up. By signing up to any Nova Dragon Studios newsletter through the Site, you agree to receive emails from Nova Dragon Studios ranging from promotions, updates, story snippets, pet pictures, and other information and emails from Nova Dragon Studios.

 

Opting Out. Users may opt out of Nova Dragon Studios newsletters at any time by either clicking where appropriate in the footer of the newsletters or, if not possible, by emailing orders@knsalustro.com with the subject heading “Opting Out”.

 

ACCOUNTS

 

Age. Users must be 13 years of age or older to create an account.

 

Security. Every User with an account on the Site is responsible for keeping their account password confidential and secured. Nova Dragon Studios is not liable for, and will not provide any reimbursements for, unauthorized purchases or communications through User’s account. User accepts full responsibility for all activities that occur within such User’s Nova Dragon Studios account, whether or not authorized by the User.

 

Contact Information. Every User with an account on the Site is responsible for keeping the contact information associated with that account current so that User receives messages from Nova Dragon Studios about the User’s orders, inquiries, or other matters.

 

REVIEWS

 

Nova Dragon Studios makes no warranties, express or implied, as to the content of reviews or the accuracy and reliability of any reviews and assumes no responsibility for actively monitoring reviews for inappropriate content. You agree that you will not submit reviews that (a) are unlawful, threatening, obscene, or profane; (b) improperly assume or claim the identity, characteristics or qualifications of another person; (c) are for purposes of spamming; (d) violate any third-party rights, (e) are for commercial purposes, contain advertising, or are intended to solicit donations or purchases. Any reviews that you post become the property of Nova Dragon Studios and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, published, displayed, or deleted as Nova Dragon Studios sees fit.

 

REMEDIES AND INTERPRETATION

 

Termination Rights. Nova Dragon Studios may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Nova Dragon Studios’ sole discretion, including, without limitation, violation of the T&C or Nova Dragon Studios’ belief that the access would violate any applicable law or would be harmful to/cause liability of Nova Dragon Studios or another User.

 

NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS THAT YOU PURCHASE FROM NOVA DRAGON STUDIOS ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. NOVA DRAGON STUDIOS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS SOLD ON THE SITE ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS.

 

NO LIABILITY FOR THIRD PARTIES. NOVA DRAGON STUDIOS TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE SITE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA DRAGON STUDIOS DOES NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE SITE.

 

WAIVER OF LIABILITY, TOTAL LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA DRAGON STUDIOS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS/REVENUE OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SITE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOVA DRAGON STUDIOS’ AGGREGATE LIABILITY RELATED TO YOUR USE OF THE SITE OR PURCHASE FROM THE SITE EXCEED THE PRICE OF THE ITEMS (EXCLUDING SHIPPING) PURCHASED BY THE USER ON THE SITE.

 

Indemnification. You agree to defend, indemnify, and hold harmless Nova Dragon Studios, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) your use of this Site or (b) your violation of these T&C.

 

Notices. User consents notice by Nova Dragon Studios posting on the Site. User acknowledges and agrees that any communication by postings on the Nova Dragon Studios Services satisfies any legal requirement that such communications be made in writing.

 

Severability. The provisions of these T&C are intended to be severable. If for any reason any provision of these T&C 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. If the provision can become enforceable through modification, such as by removing a specific warranty waiver or increasing a liability cap, the provision will be so modified.

 

No Waiver. The failure of Nova Dragon Studios to exercise or enforce any right or provision of these T&C will not operate as a waiver of such right or provision. Any waiver by Nova Dragon Studios of a right or provision of these T&C will not operate as a waiver of such right or provision in the future, or a waiver of any other right or provision.

 

Applicable Law. This Site is operated by Nova Dragon Studios, LLC, an Illinois Limited Liability Company. The laws of the State of Illinois will govern the T&C, without giving effect to any principles of conflicts of laws.

 

Jurisdiction. Each of Nova Dragon Studios and User agrees to submit to the nonexclusive personal jurisdiction Cook County, Illinois and waives any objection to such jurisdiction.

 

Dispute Resolution. Any dispute or claim arising from, relating to, or connected with these T&C, the Services, the Content including digital Content, and/or any Nova Dragon Studios account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these T&C will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including 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. The place of arbitration will be Cook County, Illinois. Notwithstanding this section, Nova Dragon Studios may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce Nova Dragon Studios’ intellectual property rights. In the event that this arbitration selection is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Nova Dragon Studios must be resolved exclusively by a state or federal court located in Cook County, Illinois, and you agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.

 

Events Outside Reasonable Control. Nova Dragon Studios will not be responsible for any failure to send you, or delay in sending you, any product that is caused by events outside Nova Dragon Studios’ reasonable control (“Force Majeure Event”). A Force Majeure Event includes, without limitation, postal strikes, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or any acts, decrees, legislation, regulations or restrictions of any government or regulatory body. If there is a Force Majeure Event, your order may be suspended whilst the Force Majeure Event continues and Nova Dragon Studios will have an extension of time to deliver your Product until the Force Majeure Event ends, or you cancel your order.

 

Assignment. You may not assign or transfer your rights under these T&C, and any purported assignment or transfer shall be void.

 

Interpretation. Headings used in the T&C are for reference only and shall not affect the meaning of any terms. As used in these T&C, “including” means “including, without limitation.”

 

Modification. These terms were last revised on December 1, 2021. This current version supersedes all previous T&C and agreements between Nova Dragon Studios and User.