Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of www.brianaask.com (the “Site”), operated by Brian A. Ask, an individual author doing business as Stinky Tofu Publishing. By using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Site. If you are under the age of majority, you may only use the Site with the involvement of a parent or legal guardian.

3. License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only.

4. Intellectual Property

All content on the Site—including text, graphics, logos, illustrations, photographs, book excerpts, poems, characters, plot elements, audio, video, software, and design—is the property of Brian A. Ask, an individual author doing business as Stinky Tofu Publishing or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, publicly perform, or create derivative works of any content on the Site without our prior written permission. All rights not expressly granted are reserved.

5. User Conduct

You agree that you will not:

• Use the Site in any way that violates applicable law or these Terms;
• Attempt to gain unauthorized access to any part of the Site, accounts, systems, or networks connected to the Site;
• Scrape, crawl, or otherwise harvest content or data from the Site except through publicly documented mechanisms or with our written permission;
• Use the Site to transmit any unlawful, harassing, defamatory, infringing, or otherwise objectionable content;
• Interfere with or disrupt the operation of the Site, the servers or networks used to host the Site, or any third-party services.

6. User-Submitted Content

If the Site allows you to submit content (such as messages, press inquiries, or other communications), you represent that you have all necessary rights in such content and that it does not infringe any third-party rights. You grant Brian A. Ask, an individual author doing business as Stinky Tofu Publishing a worldwide, royalty-free, non-exclusive license to use, reproduce, and display such submissions for the purpose of operating and improving the Site. We may remove any content that we reasonably believe violates these Terms or applicable law.

7. Third-Party Services and Links

The Site may include links to or integrations with third-party services (such as retailers, publishers, hosting providers, email-delivery services, and bot protection). We are not responsible for the availability, accuracy, or practices of those services. Your use of third-party services is governed by their own terms and policies.

8. Disclaimer

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Brian A. Ask, an individual author doing business as Stinky Tofu Publishing DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Brian A. Ask, an individual author doing business as Stinky Tofu Publishing SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brian A. Ask, an individual author doing business as Stinky Tofu Publishingand our respective officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another party.

11. Termination

We may suspend or terminate your access to the Site at any time, with or without cause, and with or without notice. The provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Site shall be resolved exclusively in the state or federal courts located in the State of Texas, United States of America, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may modify these Terms from time to time by posting a revised version on the Site. The “Last Updated” date at the top indicates when the Terms were most recently revised. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

14. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brian A. Ask, an individual author doing business as Stinky Tofu Publishing regarding your use of the Site.

15. Contact

Questions about these Terms can be sent to brian@stinkytofupublishing.com.