PLEASE READ THIS AGREEMENT CAREFULLY. YOUR CREATION OF A USER ACCOUNT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU MUST ACCEPT THESE TERMS BY CHECKING THE BOX BELOW AND TYPING "I AGREE" IF YOU WISH TO USE ANY OF USER-ONLY SERVICES ON BOOKSPROUTING'S WEBSITE.
1. Legal Agreement
The terms and conditions set forth in this document apply to all registered ("Users" or "you") to BookSprouting's website ("Site"), and constitutes 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, services, and User-only services, 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. User-only Services
When you create a User account on the Site, you are granted access to additional tools and services that visiting, non-registered users are prohibited from accessing. These tools and services include but are not limited to posting comments, posting feedback, in-network messaging between users, participation in the Site's forum, participation in the Site's blog, purchasing goods and services, voting on Content, flagging Content, and accessing the upload story portal.
3. Non-Story Content
Non-Story Content includes, but is not limited to, User-posted comments, User-posted Story feedback, content created using the Site's messaging system, content created using the Site's blog, or content created using the Site's Forum. Non-Story Content expressly excludes "Story Content," which is defined in the "Uploading Agreement." The User keeps their copyright to Non-Story Content. However, by posting Non-Story Content you grant BookSprouting a license to post, display, copy, sell, and prepare derivative works based on this content. BookSprouting will exercise these rights at its sole discretion and may elect to not exercise these rights.
We are not responsible for any Non-Story Content on the Site. However, we retain the right to modify, remove, or reject any Non-Story Content from the Site for any reason. If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number, physical address, or a government-issued ID number, (collectively "Personal Data") in your Non-story Content, you authorize BookSprouting to disclose that Personal Data as part of the Non-Story Content. If you include your Personal Data in Non-story Content that you upload for posting on BookSprouting's site, that information may be widely available to other users. BookSprouting does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in BookSprouting's Privacy Policy. BookSprouting does not delete or redact your personal information from Non-story Content you post. If you do not want your personal information to be displayed as part of the Non-story Content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Non-story Content. You also may not use Personal Data about other BookSprouting Users in a way that is inconsistent with BookSprouting's Privacy Policy. If you do, you will have violated the terms of this Agreement, and BookSprouting may terminate your membership. BookSprouting is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Non-story Content posted on BookSprouting's site.
If you post creative Non-story Content on the Site as an aide to the composition of another User, as a suggestion to improving the Site, or as an aide to any other end, you agree that you are not entitled to any compensation for such Non-story Content. If you work collaboratively with another User on the site and feel that your Non-story Content is deserving of compensation from that User, it is your responsibility to reach an agreement with the other User as to what your compensation will be. You agree the BookSprouting bears no responsibility in helping you collect, acquire, or in any way participate in the issues surrounding determining or collecting compensation from another User for your Non-story Content. Furthermore, BookSprouting makes no claim or offer, expressly or implied, that any User is entitled to receiving compensation from BookSprouting for Non-story Content.
By posting Non-story Content to the Site you represent and warrant that the Non-story Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Non-story Content to Booksprouting for use as described in this document and, in either case, that the Non-story Content does not contain any Personal Data about any individual other than you;
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual's right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
- Is not otherwise illegal and does not violate any applicable regulation or BookSprouting rule or policy;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
- To the best of your knowledge, all factual information in the Non-story Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Non-story Content will not result in personal injury to any person. Despite all this, BookSprouting cannot guarantee the accuracy, integrity or quality of Non-story Content.
BookSprouting reserves the right to refuse to permit your publication on the Site of any Non-story Content that BookSprouting, in its sole discretion, deems to be in violation of the terms and conditions set forth above. We also reserve the right to alter, edit, or remove any Non-story Content for any reason.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
4. Responsibility for Non-story Content
The person who created the Non-story Content is entirely responsible for it, and you are solely responsible for any Non-story Content you post to BookSprouting. Because computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold BookSprouting responsible for any inadvertent damage to, corruption of or destruction of the Non-story Content. BookSprouting is not responsible for backing up the Non-story Content. You are responsible for backing up, on your own computer, all Non-story Content. BookSprouting will not be responsible for archiving or backing-up any Non-story Content. If any Non-story Content transmitted to BookSprouting is damaged, lost or corrupted in any way, BookSprouting will have no obligation or liability to you. You are solely responsible for all Non-story Content you generate or forward to BookSprouting.
As a 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; and
- Transmit or post Non-story Content that violates these terms
In addition to complying with all restrictions on conduct and Non-story Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
At our discretion, we will remove Non-story Content and/or ban Users who violate our policies with respect to the Site.
5. Agreements and Amendments
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
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.
Type "I Agree" in the box to consent to the terms and conditions.