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TERMS AND CONDITIONS
PLEASE READ THESE
TERMS CAREFULLY. YOUR USE OF ANY OF THE SITE CONSTITUTES ACCEPTANCE OF
THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. IF YOU DO NOT ACCEPT THESE
TERMS, IMMEDIATELY DISCONTINUE USE OF THE SITE.
1. Legal Agreement
The terms and conditions set forth in this document apply to all visitors
("Users" or "you") to BookSprouting's website
("Site"), and constitute a binding, legal agreement
("Agreement") between the User and BookSprouting (OnDemand
Technologies, and BookSprouting, Inc. - collectively, "BookSprouting"). Please
read the information below carefully. By using the Site, you accept the terms
and conditions described below, and you warrant and represent that you have the
legal capacity to enter into this Agreement.
2. Overview
BookSprouting is an online tool to assist in the exchange of information and knowledge
concerning children's books. We provide an online service that enables Users to
share their writing material and help further their goals in publishing it. At
times and at the sole discretion of BookSprouting, BookSprouting may elect to
publish a user's work. (For further details of such an engagement, please see
the "Uploading Agreement" displayed to the user during the Site's story upload
process.) Subject to full compliance with these Terms of Use as well as the "Uploading Agreement,"
BookSprouting may offer to provide certain services and content, as described
here as well as more fully on the Site, ("Services"). Services shall
include, but not be limited to, any service and content BookSprouting performs
for you, as well as the offering of any materials displayed or performed on the
Site (including, but not limited to text, manuscripts, user comments, messages,
information, data, graphics, news articles, photographs, images, illustrations,
software, audio clips and video clips, also known as the "Content").
Additional services may include publishing services and contests with
associated prizes. BookSprouting may change, suspend or discontinue the Services
including any Content for any reason, at any time, including the availability
of any feature or content. BookSprouting may also impose limits on certain
features and services or restrict your access to parts or all of the Services
without notice or liability.
3. Terms of Use
BookSprouting's goods and services are intended and directed for US residents only.
As a US resident, you are free to browse through the content posted on BookSprouting as an
anonymous user and we will not collect any personal information about you.
However certain tools and services on BookSprouting are only available to
registered users. If you elect to participate in the use of such tools, you
agree to abide by the terms of use outlined in the "User Agreement" that is
displayed at the time that you create a User account. If you elect to create a
User account on BookSprouting, you may view and edit your account information
at any time.
As a visitor or User, you agree not to use the Site to:
- Harm anyone, including minors, in any way;
- Use "spam," "blast-faxes," or recorded telephone
messages to market or sell Non-story Content; Interfere with the operation
of the Site via the use of viruses, programs or technology designed to
disrupt or damage software or hardware;
- Employ a robot, spider or other process or device to harvest e-mail
addresses or other User information or to monitor the activity on the Site;
- Impersonate another person or entity or to forge any e-mail
communication or message;
The contents found on BookSprouting are protected by copyright and trademark laws and are
therefore the property of their owners. You may read this content but you have
no ownership over this content and all ownership, copyright, and trademark
rests with its respective owner. You may not copy, publish, transmit, alter,
deconstruct, decompile, malign, display, or change in any way any of the
content or computer code on the Site.
If you create a User account and submit content to the site such as comments, feedback,
and voting, your rights to the content are outlined in the "User Agreement"
that you agree to at the time of the account creation. If you create a User
account and upload a manuscript, story, or illustrations to the Site, your
rights to the content are outlined in the "Uploading Agreement" that you agree
to at the time of the content upload.
4. User Registration and Information
If you elect to create a User account on the site, you are responsible for ensuring
your user information is accurate. Please revisit your profile from
time-to-time to verify that your information is correct.
You will have the opportunity to select a User ID and Password during the User
registration process. You are solely responsible in all respects for: (a) all
use of the Site made using your User ID and Password, and (b) maintaining the
confidentiality of your User ID and Password. Only one individual may access
the Site at the same time using the same User ID and Password. You agree to
notify us immediately of any unauthorized use of your e-mail address, User ID
or Password or any other breach of security regarding the Site of which you are
aware. BookSprouting may refuse to grant you a User ID or Password that
impersonates someone else, is protected by trademark or other proprietary right
law, is vulgar or otherwise offensive, or for any other reason.
Certain goods on the BookSprouting website such as children's books, children's
merchandise, and downloadable content are also made available to you for
purchase. At the time of purchase BookSprouting will collect the necessary
Personal Data to fulfill your purchase request. A valid User account is
required in order to purchase goods from BookSprouting.
5. Privacy Policy
BookSprouting may use the personal information you supply to conduct research on improving
BookSprouting services or to contact you. However, BookSprouting will never
sell your information to a 3rd party without your prior consent.
BookSprouting endeavors to limit access to your Personal Data to only those BookSprouting
employees and partners who reasonably need access to complete these purposes.
BookSprouting will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish
or exercise BookSprouting's legal rights or defend against a legal claim,
or as otherwise required by law;
- As necessary to investigate or prevent violations of the terms of this Agreement,
suspected illegal activity or threats to the physical safety of another
person;
- To BookSprouting's trusted partners who work on BookSprouting's behalf
under confidentiality agreements; and
- If BookSprouting is acquired by or merged with another company.
BookSprouting will set and access cookies to keep track of your
login status. Please reference your browser's "Help" menu to learn
how to change cookie preferences.
In order to use the basic BookSprouting Service you are not required to provide
any taxpayer information. However, if you enter a BookSprouting contest and/or
BookSprouting elects to publish your work, BookSprouting may require you to
provide additional taxpayer information as required by the United States
Internal Revenue Service ("IRS") for the purpose of issuing a 1099
form for your earnings. Further information about earnings is disclosed in the
"Upload Agreement," which is displayed when you upload a story.
6. Operation of Site
Technical, maintenance and other issues may make BookSprouting unavailable from time to time.
BookSprouting makes no commitment, warranty or guarantee that the Site will
operate in a timely, uninterrupted or error-free manner, or that the Site will
meet User's purposes. BookSprouting may also in its discretion modify the
features, availability, operation and/or look and feel of the Site from time to
time without notice to our users.
7. Disclaimers
Everything on BookSprouting's Site and everything sold via the Site, including all
software, services, information, materials, forums, tools and Content is
offered by BookSprouting and its third-party licensors and content providers on
an "as-is," "as-available" basis, without representation or
warranty of any kind, including but not limited to the implied warranties of
merchantability, non-infringement and fitness for a particular purpose. Without
limiting the prior statement, BookSprouting cannot vouch for the quality,
accuracy, completeness, or correctness of any Content or information sold or
provided through the Site.
REGARDING DOWNLOADS, BOOKSPROUTING DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT
OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT
ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA,
SOFTWARE, FILES OR PERIPHERALS. BOOKSPROUTING WILL NOT BE LIABLE FOR ANY DAMAGE
TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY
YOUR USE OF THE SITE AND DOWNLOADING CONTENT.
8. Limitation of Liability
In no event shall BookSprouting or any of its officers, employees, directors,
affiliates, agents or third-party licensors and content providers be liable to
you or anyone else for any special, consequential, indirect, cover, punitive,
incidental or similar damages (including, without limitation, lost profits,
lost sales, or lost business) directly or indirectly related to or arising out
of the Site, Content on the Site, or any transaction entered hereunder, whether
in contract, tort or otherwise, even if BookSprouting or one of its officers,
employees, affiliates or agents has been advised of the possibility of such
damages. You agree that the liability of BookSprouting, its officers,
employees, affiliates, and agents, if any, arising out of any kind of legal
claim (whether in contract, tort or otherwise) in any way connected with any
transaction entered hereunder or the Site shall not exceed the amount you paid
to BookSprouting in connection with the transaction giving rise to such claim.
Any action under this Agreement must be commenced within one (1) year after
such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS
NEGLIGENCE OF BOOKSPROUTING, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS
WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST
BOOKSPROUTING IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND
EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS
AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
9. Parental Permission
The site is designed as a safe place for people of all ages. However,
BookSprouting may periodically run contests with prizes that exclude underage
users from participating. It is the responsibility of the parents/legal
guardians of these users to determine if their child should participate. If
the parent deems that their child should participate, it is the responsibility
of the parent to represent the child and his/her work in the contest. Please
reference the contest rules associated with each contest.
We strongly encourage parents to monitor their children's internet usage and take
a participatory posture along side their children as they use the internet.
Various browser-based as well as 3rd party tools are helpful in
maintaining control of what children access on the internet and we encourage
parents to leverage these tools.
10. Indemnification
If a third party files suit against BookSprouting as the result of something you did
in violation of this Member Agreement, you will pay for any damages or costs
assessed against or incurred by BookSprouting. In other words, you shall
indemnify and hold BookSprouting harmless against all third party claims,
demands, suits, actions, judgments, losses, costs, damages (direct, indirect
and consequential), attorney's fees and expenses that BookSprouting may sustain
or incur by reason of any breach or alleged breach of any representation,
warranty, term or condition of this Agreement, and for any act or omission by you
which is in any way related thereto.
11. Proprietary Rights
BookSprouting is the owner of all intellectual property rights, including all copyright,
patents, and trademarks, associated with the Site, with all rights reserved,
exclusive of Content provided by third parties, which is owned by the creators
of such Content. BookSprouting owns the design, format and layout of the Site.
BookSprouting authorizes Users of this website to use the Site and to copy
materials posted on the Site strictly for their own personal, non-commercial
use, provided you maintain all notices of rights on the Content. Any and all
other uses of the materials posted on the Site are prohibited. Giving you
permission to make a copy for your own use does not mean that you can do anything
else with the Content. In other words, your authorization from BookSprouting
does not extend to use of the design, format, or layout of this website, which
may be further protected under applicable trade dress, trademark, or copyright
laws. All copyright, patent, trademark, and other intellectual property-related
notices must remain affixed to any materials downloaded from this website.
Failure to maintain such notices voids the authorization granted above. In
granting this authorization, BookSprouting grants no other right, title,
ownership, license, or other property interest in the materials and subject
matter posted on the Site, and in any intellectual property rights protecting
such materials and subject matter.
The BookSprouting logo and the names of all BookSprouting products and/or services
as posted herein are either trademarks or service marks, or registered
trademarks and/or service marks of BookSprouting.
12. International Users
BookSprouting makes no representation that material on the Site is appropriate to or
available at locations outside of the United States. You may not use the Site
or export the Contents in violation of U.S. export regulations. If you access
this Site from a location outside of the United States, you are responsible for
compliance with all applicable local laws.
13. Miscellaneous
This Agreement is binding. It cannot be changed, except as the Agreement describes,
specifically including the Amendments section below, unless both parties agree
to a change and that change is set out in a written document signed by both
parties. The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use
of such rights.
Every provision of this Agreement is intended to be severable. If any section of this
Agreement is found to be invalid or unenforceable, then such section will be
deemed amended and interpreted, if possible, in a way that renders it enforceable.
If such an interpretation is not possible, then the section will be deemed
removed from this Agreement and the rest of this Agreement will remain in full
force and effect.
This Agreement is governed by the laws of the State of California, without regard to
its "choice of law" provisions. The parties agree that any dispute
that cannot be settled by good faith negotiation shall be submitted to
arbitration in accordance with the rules of the American Arbitration
Association. The location of the arbitration shall be Newport Beach, California.
The arbitration shall be conducted by a single arbitrator with experience in
computer/technology matters and in the publishing industry. The decision of the
arbitrator shall be legally binding, shall not be subject to appeal, and shall
be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of
either party (wars, sabotage, riots, labor disturbance, failure or delay of
transportation, terrorist act, severe weather, natural disaster, act of God,
etc.), then delays will be expected and performance may be excused.
BookSprouting and its subcontractors or suppliers shall not be liable for any
delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal
representative, partner or joint venture of the other party for any purpose
whatsoever.
14. Term
This Agreement is effective until terminated. BookSprouting may terminate or
suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your User
account by contacting support with a specific request to do so. Your request to
terminate will become effective within 30 days after receipt of your specific
request has been acknowledged by BookSprouting. If you choose to
terminate your account, the terms of this Agreement regarding any Content you
have uploaded remain applicable. All provisions of this Agreement relating to
payment, commissions, service fees, disclaimers, limitations of liability,
indemnification, confidentiality, and proprietary rights shall survive
termination.
15. Agreement and Amendments
BookSprouting reserves the right to change or modify the terms in this Agreement at any
time. You should review the terms of this Agreement from time to time to check
for changes. If you do not agree to be bound by any future changes, you should
promptly notify BookSprouting and discontinue your use of the Site. If you use
the Site after BookSprouting has posted a change to these terms, you are
agreeing to be bound by all of the changes, whether or not you have reviewed
the changes.
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