1. Acceptance of Terms
This website located at http://www.convertabook.com
is provided by Convert A Book, LLC subject to your acceptance of the following Terms of Service (TOS
) which may be updated by Convert A Book from time to time without notice to you. You can review the most current version of this TOS at any time at this page http://www.convertabook.com/termsofservice.php. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this TOS. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You accept the terms and conditions of this TOS by: (a) accessing, browsing, or viewing the Site; (b) downloading or accessing any Convert A Book product via this Site, or (c) using this Site in any other manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
By visiting ConvertABook.com, submitting information, purchasing or using any of our services, you acknowledge that you accept the practices and policies outlined in this "Terms of Service".
You hereby authorize us to reproduce, format, and convert Your Authorized Content into Digital Literature Products. Also upon your request to promote, sell, license, distribute, and deliver Digital Literature Products and associated metadata to purchasers and resellers who may use such Digital Literature Products in accordance with usage rules approved by us.
You have the right, at any time during the Term, to withdraw your permission for the sale or other uses of Your Authorized Content and Authorized Artwork, upon written notice to us.
You will maintain ownership of all content (i) Your Authorized Content and Authorized Artwork, (ii) the Digital Literature Products, (iii) the Samples, (iv) all copyrights and equivalent rights embodied therein, and (v) all materials furnished by you, will be yours.
Warranties of the Parties:
(a) Mutual Representations and Warranties. Each party represents and warrants to the other that it:
- is authorized to enter into this Agreement on the terms and conditions set forth herein.
- will not act in any manner that conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by the party will interfere with the performance of its obligations under this Agreement.
- shall perform its obligations hereunder in full compliance with any applicable laws, rules, and regulations of any governmental authority having jurisdiction over such performance.
(b) Representations and Warranties by You. You represent and warrant to Convert A Book that:
- You represent and warrant that you have the full right, power, and authority to act on behalf of any and all owners ofany right, title or interest in and to Your Authorized Content or Authorized Artwork, and metadata. For the avoidance ofdoubt, if you are acting on behalf of an author, writer, publisher, or corporation, you hereby represent and warrant to Convert A Book that you are fully authorized to enter into this Agreement on behalf of such author, writer, publisher, or corporation and to grant all of the rights and assume and fulfill all of the obligations, covenants, and representations and warranties set forth in this Agreement.
- You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, that you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within Your Authorized Content, and to use such individual's identifying or personal information (to the extent such information is used or contained in Your Authorized Content) as contemplated by this Agreement. Furthermore, you represent that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.
- You represent and warrant that Your Authorized Content does not plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right.
- You represent and warrant that Your Authorized Content does not contain SEO keyword spam, either in your manuscript or your metadata tags.
- You represent and warrant that Your Authorized Content does not contain multiple hyperlinks to advertisements or affiliate marketing pages.
- You represent and warrant that Your Authorized Content does not contain any advertisements of content that is primarily intended to advertise or promote products of services.
- You represent and warrant that Your Authorized Content does not violate any right of privacy that is libelous or violate any personal right or other right of any kind of any person or entity.
- You represent and warrant that Your Authorized Content does not violate state and federal laws or advocate illegal activities.
- You represent and warrant that Your Authorized Content does not advocate hateful, discriminatory or racist views or actions toward others.
- You represent and warrant that any and all instruction, material, or advice contained in Your Authorized Content is not likely to result in injury and Your Authorized Content includes appropriate warning and safety precautions concerning any particular hazards that may be involved in the use of any such instruction, material or advice.
- You represent and warrant that Your Authorized Content is not a public domain work (unless you are the true author) and is not sourced or copied, either in part or in entirety, from commercial services, articles, or information sources which have been licensed to others.
- You and we represent and warrant that we will not act in any manner which conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by you or us will interfere with our performance of our obligations under this Agreement.
- Each party represents and warrants that it shall perform its obligations hereunder in full compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
- We make no guarantees whatsoever about there being any minimum sales or uses of any Digital Literature Products.
3. Use of Site.
- You are entirely responsible for all content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Convert A Book or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Convert A Book reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.
- You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Convert A Book or someone else, or spoof Convert A Book's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Convert A Book reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
- You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.
- You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained therein without the prior written permission of Convert A Book.
4. No Endorsement of Content.
Convert A Book makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content posted on the Site. Convert A Book does not control the quality, safety, truth or accuracy of such content and makes no representation thereof. The Site may contain hyperlinks to third party web sites. Convert A Book makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on such third party web sites.
5. System Outages.
Convert A Book periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Convert A Book shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mis-delivery, or non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
6. Disclaimer of Warranties.
CONVERT A BOOK PROVIDES THIS WEB SITE AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. CONVERT A BOOK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. CONVERT A BOOK MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES CONVERT A BOOK MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONVERT A BOOK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
7. Limitations of Liability.
IN NO EVENT WHATSOEVER SHALL CONVERT A BOOK OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. CONVERT A BOOK NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. CONVERT A BOOK’s LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. Intellectual Property.
- Except as expressly authorized by Convert A Book, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software related to the operation of the Site, or otherwise provided to you by Convert A Book. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.
- Convert A Book Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations Convert A Book uses in connection with its products and services. You may not copy, use, remove, or alter any Convert A Book Trademarks, or co-brand your own products or material with Convert A Book Trademarks, without Convert A Book's prior written consent. You acknowledge Convert A Book's rights in the Convert A Book Trademarks and agree that any use of the Convert A Book Trademarks by you shall inure to Convert A Book’s sole benefit. You agree not to incorporate any Convert A Book Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
- Certain Site content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.
- Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any Convert A Book or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any Convert A Book Trademarks, third party trademarks, or other content on this Site.
You agree to indemnify and hold Convert A Book and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity.
10. Choice of Law and Venue.
This TOS shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOS shall be in Utah County, Utah and you agree to submit to the jurisdiction of the courts in Utah County, Utah for such litigation.