These Terms of Service (the "Terms" or "Agreement") are a binding contract between you and Draft2Digital LLC ("we" or "us" or "Draft2Digital") regarding use of the site books2read.com (the "Site"). There are two general categories of Site users: readers and authors.
Terms of Service - Readers
Under these Terms,
1. You will be directed to the Site if you use an author's Universal Link.
2. The Universal Link will take you to a page on the Site that provides a list of online retailers for your books. You can then use the links provided on that page to go to a separate website and purchase the author's book. You can also opt-in to allow us to automatically redirect from the Site to one of those separate websites when available, using store preferences provided by you.
3. You can also opt-in to receive email notifications about new releases by specific authors and, using store preferences provided by you, notifications if those new releases are provided at your preferred stores.
Terms of Service - Authors
Under these Terms,
1. You may create a hyperlink to the Site (the "Universal Link").
2. The Universal Link can be used by you on other websites and will redirect internet users to a page on the Site that provides a list of online retailers for your books.
3. Use and creation of the Universal Link are free of charge but are subject to these Terms.
4. If you do not provide an affiliate code for book retailers when you create your Universal Link, Draft2Digital will use its own.
5. All authors provided ebook publishing services from www.draft2digital.com will be provided with a Universal Link free of charge but subject to these Terms. Use of www.draft2digital.com is subject to separate terms of service found here.
You, the author:
1. Are and will remain the owner of your books and all rights to them. Draft2Digital has no claim to the copyrights or any other rights pertaining to your books, and is under no obligation to market or otherwise sell your books.
2. Are solely responsible for the content provided to users that use the Universal Link. During creation of the Universal Link, you will be prompted to provide a list of online retailers that sell your book. Draft2Digital may provide you with potential options for such retailers that you will have the option to verify. You are solely responsible for the accuracy of the information provided by the Universal Link.
3. Can stop use of the Universal Link at any time.
The Overview is a summary of the Terms. The Terms themselves are a contract between Draft2Digital and you. Given the importance of these Terms, which constitute a binding contract, we encourage you to study them carefully.
TERMS OF SERVICE
This Agreement is a binding agreement between us and the individual or entity using the Site, which use includes generation and use of a Universal Link. If the user is an entity, the individual person who accepts these Terms represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of that entity and to bind such entity to these Terms.
1. Terms Acceptance. You accept this Agreement and agree to be bound by its terms by either (a) clicking Accept where you're given the option to do so or (b) by using the Site, or any part of it. If you don't accept the Terms, you are not entitled to use the Site.
2. Changes to the Terms or Site. We reserve the right to change the Site or these Terms at any time in our sole discretion. Changes to these Terms will be effective 30 days after we post notice of such a change at the top of the Terms. If you do not agree with any amendment, you are free to terminate use of the Site.
3. Fees. We do not charge a fee for use of the Site. Users that generate a Universal Link are responsible for providing any affiliate codes they may have regarding a third-party vendor or bookstore. If no such affiliate code is provided when a Universal Link is created, Draft2Digital reserves the right to use its affiliate code in connection with such a Universal Link.
4. Third Party Websites. Your use of any linked websites and/or correspondence or business dealings with advertisers or third party vendors, or participation in promotions of, advertisers or third party vendors found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. This includes dealings among readers and authors. You agree that Draft2Digital shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or links on the Site. We expressly disclaim any representations regarding the content or accuracy of materials on any third-party websites and, because Draft2Digital has no control over such sites, you acknowledge and agree that Draft2Digital is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Site, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites, including websites you link to or from our co-branded Site. Websites containing co-branding (referencing our name and a third party's name) contain content delivered by the third party and not us.
5. Term and Termination.
a. These Terms will be binding upon your acceptance and until you cease use of the Site.
b. We are entitled to terminate your ability to use the Site (including de-activating any Universal Link) if you violate these Terms.
c. We may also cease providing the Site and/or Universal Links at any time.
6. User Accounts and Modifying a Universal Link. Some portions of and/or content on the Site require that users create a user-specific account access to which requires a user specific name and password. User accounts are not required to generate a Universal Link, however, authors that generate a Universal Link may only modify that Universal Link if they create a user account. Any such modifications to the Universal Link will be limited to the list of online retailers provided by use of the Universal Link. If you create a useraccount, you: (i) must treat your user name and password confidential, and should not disclose it to any other person or entity; (ii) acknowledge that your account is personal to you (or your business) and agree not to provide any third-person with access to the Site or portions of it using your user name, password or other security information; (iii) agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We are not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to us for any harm we incur due to unauthorized use of your account.
7. Modifying a Universal Link. Authors that generate a Universal Link may only modify that Universal Link if they provide an email address during Universal Link set-up, however, modifications to the Universal Link will be limited to the list of online retailers provided by use of the Universal Link.
8. Errors. We are not responsible for any errors in the information provided by the Site or through use of any Universal Link. It will be an author's sole responsibility to carefully examine the information to be provided to readers through use of the Universal Link. It will be the reader's sole responsibility to verify the accuracy of the information provided by the third-party sites to which they are redirected after using the Universal Link.
9. Children. We do not collect or maintain information from anyone known to be under the age of 18. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
11. Notice of Privacy Rights to California Residents. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the "Act") and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through this website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who we can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. The request should be sent to the attention of our legal department, and labeled "California Customer Choice Notice." Please allow at least thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
12. Property Rights. We own the Site and all intellectual property related to the Site. All content, organization, graphics, design, compilation, products and product designs, and other matters related to or included on the Site are protected under applicable copyright, trademark, or other proprietary rights and owned by us, including, without limitation, our name and logos and slogans and the names and logos of our products, such as BOOKS2READ, and you must not use the foregoing without our prior written permission. We do not own author content advertised on the Site or any rights to any third-party logos, product and service names, designs and slogans made reference to on the Site. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us by clicking on "Contact" and provide us with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner's behalf.
13. Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with this Agreement; (b) any and all information you provide to us, the Site or through the Universal Link will be factually accurate and not misleading; (c) neither the exercise of the rights authorized under these Terms nor any materials embodied in the content nor its distribution as authorized in these Terms will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; and (d) you will not upload, post, submit, email, transmit, or otherwise make available through the Site or any Universal Link anything that: (i) contains falsehoods or misrepresentations that could damage Draft2Digital or any third party; (ii) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) disseminates or transmits any worms, viruses or other harmful, disruptive or destructive files, code or programs; (iv) impersonates another person; (v) violates the rights of third parties; (vi) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) otherwise violate these Terms.
a. To the fullest extent permitted by applicable law, you will indemnify, defend and hold Draft2Digital, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties or obligations set forth in these Terms. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.
b. Nothing herein is intended to grant you any license or other rights to any intellectual property or technology owned or operated by Draft2Digital, including, without limitation, any trademarks or trade names. Nothing in these Terms restricts any rights we may have under applicable law or a separate permission.
14. Limitation of Liability. THE SITE AND ANY AND ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. DRAFT2DIGITAL, TOGETHER WITH ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE "RELEASED PARTIES") SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE REGARDING THE SITE AND ANY AND ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SITE; OR (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED. THE ENTIRE RISK FOR USE OF THE SITE IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE OR PRODUCTS PURCHASED FROM USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL ANY OF THE RELEASED PARTIES' LIABILITY FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY AND ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AGGREGATE AMOUNT OF $10.00. Some jurisdictions do not allow limitations on liability or disclaimer of implied warranties, so all or a portion of the foregoing may not apply to you. In this case, Draft2Digital's liability and the effect and/or duration of any implied warranty is limited to the minimum permissible under applicable law.
15. General Legal Provisions.
a. This Agreement may not be amended, except in writing signed by both parties or as provided in Paragraph 2 - Amendments to the Terms - above.
b. If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
c. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement.
d. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision.
g. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. YOU HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED AT OKLAHOMA COUNTY, OKLAHOMA WITH RESPECT TO ANY CLAIMS, SUITS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
h. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies.
i. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by Draft2Digital to you, via email sent to the email address you have provided to us, via certified mail, return receipt requested, to the physical address you have provided to us, via a posting on the Program website or via a message through your Program account, or (ii) if by you to Draft2Digital, via email sent to email@example.com with a copy to firstname.lastname@example.org or via certified mail, return receipt requested, to Draft2Digital LLC, 5629 SE 67th Street, Oklahoma City, OK 73135. Notices will be effective and deemed received on the date transmitted or posted unless sent via certified mail, in which case they shall be effective on the date delivered or tendered for delivery.