This AGREEMENT and the documents referenced herein ("Agreement") is a legal agreement between Author Solutions, Inc., dba Booktango with its principal offices at 1663 S. Liberty Drive, Bloomington, IN 47403, USA (“SERVICE PROVIDER”) and you, the “USER,” as defined by this Agreement and agreed to by Parties.
Booktango provides tools and services (“Services”) to assist USER in creating customized eBooks (“Works”) comprised of information gathered from USER’S Web site, blog or local documents (collectively “Content”).
1. LICENSES: Subject to USER providing complete and accurate information requested on the registration form and timely payment of fees, SERVICE PROVIDER licenses USER to access and use the SERVICE PROVIDER tools and related website materials for the sole purpose of importing Content to create one or more Works. By accepting these terms of service, USER agrees that it is providing a service independent from that of SERVICE PROVIDER.
By using SERVICE PROVIDER’s s Services, USER is granting SERVICE PROVIDER a license to use materials USER has currently or previously registered for use with the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content to the Site or Service, USER is granting SERVICE PROVIDER and any affiliates, employees or other third parties authorized by SERVICE PROVIDER a license to privately use, copy, distribute, transmit, reproduce, edit, translate, and reformat User Content for use within its Services. USER agrees that SERVICE PROVIDER may publish or otherwise disclose USER’s name in connection with USER’s User Content for promotional and marketing purposes. By posting User Content on the Site or Service, USER warrants and represents that USER owns the rights to the User Content or is otherwise authorized to post, distribute, display, perform, or transmit User Content.
No Reverse Engineering. USER will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any SERVICE PROVIDER Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. USER will not remove, obscure, or alter SERVICE PROVIDER or Booktango services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation.
Security. USER must comply with all security and authorization requirements of the booktango.com Site and Service. USER is prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for USER, or logging onto a server or account that USER is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network; (c) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
4. USER ACCOUNTS: USER must create a user name and password. USER is entirely responsible for maintaining the confidentiality of USER’s password. USER may not, without permission, use the account, username, or password of someone else at any time. USER agrees to notify SERVICE PROVIDER immediately of any unauthorized use of USER’s account, user name, or password. SERVICE PROVIDER shall not be liable for any loss that USER incurs as a result of someone else using USER’s password, either with or without USER’S knowledge. USER may be held liable for any losses incurred by SERVICE PROVIDER, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of USER’s account or password.
5. CONTENT RESTRICTIONS.
Intellectual Property Rights. When accessing the Site or using the Service, USER agrees to obey the law and to respect the Intellectual Property rights of others. USER’s use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. USER agrees not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s Intellectual Property or proprietary rights. USER shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content USER provides or transmits, or that is provided or transmitted using USER’s User ID. USER also agrees to monitor content in USER’s content, electronic books, or advertisements for any potential violations of privacy, intellectual property, or any other laws.
6. NOTICES. SERVICE PROVIDER has in place procedures regarding complaints in violation of SERVICE PROVIDER policy, state, and federal laws. All notification of such violations should be directed to the following:
Author Solutions, Inc.
1663 Liberty Drive
Bloomington, IN 47403
Or by email: email@example.com
7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. If USER believes that any content infringes upon USER’s copyrights, USER may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SERVICE PROVIDER with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact USER, such as an address, telephone number, and, if available, an electronic mail;
- A statement that USER has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that USER is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
. USER acknowledges that if USER fails to comply with all of the requirements of this Section, USER’s DMCA notice may not be valid.
9. NO WARRANTIES. SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES. SERVICE PROVIDER IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. USER ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SERVICE PROVIDER DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET USER’S REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. SERVICE PROVIDER’S LIABILITY TO USER IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH USER’S USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO USER BY SERVICE PROVIDER. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. COPYRIGHT. All content of SERVICE PROVIDER and of its Site and Services are exclusive holders of the copyright to the SERVICE PROVIDER Site and Service. All rights reserved worldwide.
14. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed as to all matters by the laws of the State of Indiana. Any dispute between the parties must be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) to take place in Bloomington, Indiana before a single arbitrator in accordance with the AAA Commercial Arbitration Rules. Any award entered by the arbitrator will be final and binding and may be enforced in any court of competent jurisdiction.