2014 TERMS AND CONDITIONS
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. This Agreement is accepted upon your use of any of the Services, whether you are a “Visitor” (which means that you simply browse the Website), a “Member” (which means that you have registered for the Newsletter) or a “Submission Provider” (which means you have submitted content to the Submission Portal address herein and according to the additional submission terms on the Website “Book Content”). The term “User” refers to a Visitor, Member or Submission Provider.
Eligibility. By using the Services, you represent and warrant that: (i) all required registration, contact or Submission Provider information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are thirteen (13) years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation. Any information submitted to Brash Books for purposes of the Newsletter, eBook Sample or Submission Portal (the “User Information”) may be deleted without warning if we believe that you are younger than thirteen (13) or that such User Information is false or misleading. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Term. This Agreement shall remain in full force and effect while you use the Services or for so long as Brash Books retains your User Information. You may request that Brash Books delete your User Information by contacting the Submission Portal email address herein. ALTERNATIVELY, BRASH BOOKS MAY CHOOSE TO TERMINATE YOUR ACCESS TO THE NEWSLETTER OR OTHER CONTENT AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS. Brash Books will not have any liability whatsoever to you for any deletion of User Information or for failure to provide the Newsletter and other Services.
Amendments. Brash Books may at any time revise this Agreement by updating this web page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. If you do not agree to the modification, you must cease your use of the Services.
Trademarks. The trademarks, logos and service marks (the “Trademarks”) displayed on the Website, in the Newsletter or within any eBook Sample or electronic communications associated therewith, unless otherwise specified, are either the registered and unregistered trademarks of Brash Books or used under license. Nothing contained in the Services should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed without the written permission of Brash Books or any third party that may own the Trademarks. Your misuse of the Trademarks displayed in or on any of the Services is strictly prohibited. You are hereby also advised that Brash Books will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Ownership. All content or materials you see or read by utilizing the Services is copyrighted unless otherwise noted and may not be used except as provided for in this Agreement or without the express permission of Brash Books, which neither warrants nor represents that your use of the content and materials displayed within the Services will not infringe rights of third parties not owned or affiliated with Brash Books.
Intellectual Property, Privacy and Publicity. Images of people, copyrighted materials or other protected content displayed on this Website and in the Services are either the property of or used with permission by Brash Books. The commercial use of these images or content by you, or anyone authorized by you, IS PROHIBITED unless specifically permitted by this Agreement or specific permission is provided elsewhere on the Website or you secure the necessary permission from the rights holder. Any unauthorized use of the images or content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Ownership of Your Book Content. In the event you are a Submission Provider, you represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this Agreement for the Book Content that you provide via the Submission Portal, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
License to Book Content. In the event you provide Book Content to the Submission Portal for review by Brash Books’ staff, you hereby grant to Brash Books a non-exclusive, worldwide, fully-paid and royalty free license to duplicate and distribute the Book Content to Brash Book’s partners and affiliates for the sole purpose of determining its suitability for commercial publication. You agree that Brash Books reserves the right to maintain the Book Content in electronic format submitted via the Submission Portal indefinitely for archival purposes.
License to eBook Sample. In the event Brash Books provides to any Member an eBook Sample via e-mail or a third party link embedded therein, Brash Books hereby grants to each Member a non-exclusive, worldwide, fully-paid and royalty free license to download and maintain a single copy of the eBook Sample for non-commercial, personal use.
Accuracy. While Brash Books uses reasonable efforts to include accurate and up-to-date information on the Website and in the Newsletter, Brash Books makes no warranties or representations as to its accuracy nor does Brash Books assume any liability or responsibility for any errors in the content of the Site.
Third Party Content. Content from advertisers, external sites and other third parties may be made available to you through the Services from time to time. Because Brash Books does not always control such content, you agree that Brash Books is not responsible for any such content, including advertising and information about third party products or services. Further, Brash Books makes no guarantees about the accuracy, currency, suitability, or quality of such content, and Brash Books assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by advertisers, linked external sites and other third parties.
Security. We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic User Information. We protect your User Information by placing it on the secure portion of our Web site, using firewalls and other security technology to protect our network and systems from external attacks. Also, our servers have been enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized parties from viewing the nonpublic User Information that you may provide.
Restrictions. Users may not: (i) send automated queries or unsolicited bulk email, instant messages, or text messages (e.g. spam) through the Services, or harvest or attempt to harvest information about any Users; (ii) submit any malware or any information or computer programs containing viruses, or that overload or interfere with, intercept, or expropriate any system, software, hardware, data or other information; collect or use any data that is available through the Services that is not yours, including indexing, data mining, scraping, crawling, or using similar data gathering and extraction tools, or compiling data to create or populate a searchable database; (iii) attempt to defeat security measures used by the Services, or use any bot, spider or other automatic device or manual process to monitor or copy any content; (iv) except as specifically allowed by the Services, copy, market, export, translate, merge, loan, host, hyper-link to, frame, port, store, publicly display, broadcast, or permit access to the Services by any person; (v) reverse engineer, disassemble, modify, adapt, or create derivative works from the Services, or any related content, or remove proprietary notices; or (vi) use the Services in disregard of any (a) known adverse consequences, or (b) warning message.
Disclaimer. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND (B) BRASH BOOKS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, BRASH BOOKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BRASH BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRASH BOOK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
Release. You hereby release Brash Books, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any use of the Services.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Indemnity. You agree to defend, indemnify, and hold Brash Books, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement
Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Kansas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Brash Books agree to submit to the jurisdiction of, and agree that venue is proper in the courts located in Johnson County, Kansas (USA) in such legal action or proceeding.
Copyright Infringement Notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to firstname.lastname@example.org with the information below. We respond quickly to the concerns of rights owners about any alleged infringement.
Electronic communications. The communications between you and Brash Books use electronic means, whether you visit the Website, e-mail the Submission Portal, download an eBook Sample or otherwise use the Service, or whether Brash Books posts notices on the blog or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Brash Books in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Brash Books provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
The policy as stated herein is effective as of: 5/22/14