Malakh Studios, LLC, (“Malakh Studios”) owns and operates malakh.com, malakhstudios.com, and malakhim.com (“the Website”). The Website features the Malakhim ebook series by Aleph, as well as related stories, information and content, including information about Aleph and Aleph’s Blog (collectively, “the Content”), and provides the Malakhim ebooks for download for personal, noncommercial use by readers and visitors to the Website. Malakh Studios manages the Website and provides access to the Website and the Content free of charge to visitors.
This Terms of Service Agreement (“Agreement”), as may be modified from time to time, constitutes legally binding terms and applies to your use of the Website and/or the Content. By accessing and/or using the Website and/or the Content, you agree to be bound by this Agreement. You are authorized to use the Website and/or the Content only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement.
Malakh Studios reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Website. Your continued use of the Website and/or the Content following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Website and/or the Content immediately.
Aleph, the author of the Website and the Content, holds the Copyright to the Website and the Content. All rights are reserved. The Website and the Content are made available to visitors for noncommercial, personal use only. The Website and the Content may not be modified, distributed or reproduced in any manner without prior written permission. Nothing contained herein shall be construed as conferring any rights of Aleph under any copyright laws or regulations to another party. By using the Website and/or the Content, you acknowledge that Aleph owns the intellectual property rights in the Website and the Content.
The Website and the Content are not authorized for redistribution without prior written consent from Malakh Studios. No material from this Website or the Content including computer code may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way other than for noncommercial, personal use. You may download copies of the Malakhim ebooks for your personal, noncommercial use and share your digital copies with family and friends.
Third parties are not authorized to download, host and otherwise redistribute the Content without prior written agreement from Malakh Studios. Directory services and affiliate marketers may reproduce the metadata information found on each book’s book page (cover image, book description, price, etc.) provided that any hyperlinks direct visitors to the Website or specifically the Website’s book page(s), and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.
You will agree to defend, indemnify and hold Malakh Studios and its third parties and partners, and its officers, directors, members, employees and agents, harmless against any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and/or the Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
You may not use this Website in any manner that could potentially damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of it, or in a way that violates any national, state, provincial, local or other laws. You may not attempt to gain access to this Website or to computer systems or networks connected to this Website, through hacking, harvesting or collecting through the use of automated scripts or otherwise, use of third party passwords or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made through this Website.
Malakh Studios, in its sole discretion, reserves the right to terminate or suspend your access to and/or use of this Website, or any part of it for any reason, including, without limitation, if Malakh Studios believes you have violated or acted inconsistently with the letter or spirit of this Agreement. Any such termination or suspension may be effected without prior notice to you and Malakh Studios shall not be liable to you or any third party for any such termination or suspension. In the event of termination or suspension, you are no longer authorized to have access to this Website, and all limitations on Malakh Studios’ liability and on your use of Website material and the Content shall survive. Malakh Studios may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, this Website or the Content or any part of either the Website or the Content, with or without notice.
Your use of this Website and the Content is at your sole risk. The Website and the Content are provided “AS IS” and “WITH ALL FAULTS” and as available and Malakh Studios expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Malakh Studios cannot guarantee and does not promise any specific results from use of the Website and/or the Content, and makes no warranty that the Website or Content will: i) meet your requirements; ii) be uninterrupted, timely, secure or error-free or that the errors will be corrected, or that the site or the server from which it is run is free of viruses or other potentially harmful codes; iii) the results that may be obtained from the use of this Website or Content will be accurate or reliable; iv) the quality of any products, services, information or other material purchased or obtained by you through the Website or the Content will meet your expectations.
Malakh Studios and its Members are not responsible for any problems or technical malfunction of any telephone or internet or cable or fiber optic or similar network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Website, including, without limitation, any injury or damage to you or to any person’s computer related to or resulting from participation or downloading information or materials in connection with the Website and/or the Content. Under no circumstances shall Malakh Studios be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Website and/or the Content. You bear sole responsibility for any damage to your computer system or loss of data that results from download of any materials from this Website or the Content. No advice or information, whether oral or written, obtained by you from or through Malakh Studios shall create any warranty or contract not expressly stated in the terms of service.
You understand that IN NO EVENT SHALL MALAKH STUDIOS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES, DAMAGES FROM LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MALAKH STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT. IN NO EVENT SHALL MALAKH STUDIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MALAKH STUDIOS IN THE LAST TWELVE (12) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100), REGARDLESS OF WHETHER MALAKH STUDIOS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE CONTENT OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR THE CONTENT.
This Agreement is accepted upon your use of the Website and/or the Content. This Agreement constitutes the entire agreement between you and Malakh Studios and supersedes any prior or contemporaneous communications, proposals or agreements relating to your use of the Website and/or the Content. Notwithstanding the foregoing, if your Company has an existing Agreement with Malakh Studios for any services, this Agreement is not intended to alter the terms or conditions of such agreement.
The failure of Malakh Studios to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If a court does find any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Malakh Studios or Aleph may provide, at this Website or on Aleph’s Blog, links to other websites or resources. Neither Malakh Studios nor Aleph have any control over such sites and resources, is not responsible for their availability and does not endorse and shall not be liable to you or any third party for any advertising, goods or services, or other materials on or available from such sites or resources. Also, Malakh Studios shall not be liable to you or any third party, 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 goods or services available on or through any such site or resources. You should always review the terms and conditions of any site that you access through a link from this Website.
This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia and the United States of America, without regard to any conflicts of laws provisions. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement and the relationship between you and Malakh Studios will be governed by the laws of the Commonwealth of Virginia and of the United States of America.
No agency, partnership, joint venture or other joint relationship between you and Malakh Studios is created through or by this Agreement.
Jurisdiction for all purposes hereunder shall be in the Commonwealth of Virginia, without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction of the courts in the Commonwealth of Virginia to resolve any dispute arising out of the Agreement or out of your or a third party’s use of the Website and/or the Content. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or Content or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, and subject to limitations on recovery as set forth in Section Seven (7).
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 THIS AGREEMENT. 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 THIS AGREEMENT.
Malakh Studios makes no representation that this Website or the Content are appropriate and authorized in locations other than the United States of America. Those who choose to access this Website or the Content from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. If you choose to share any of the Content or the Website with others within the limitations specified in this Agreement, you bear sole responsibility for complying with the export laws and sanctions regimes of the United States and any other relevant jurisdictions.
By using the Website and/or the Content you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.