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Terms and Conditions of Use

Terms & Conditions:

BookBrewer.com Terms of Use

This AGREEMENT and the documents referenced herein ("Agreement") is a legal agreement between FeedBrewer, Inc., a Delaware Corporation, and you, the “User,” as defined by this Agreement and agreed to by Parties.

BookBrewer.com provides tools and services (“Publishing Services”) to assists users in dynamically creating customized eBooks (“Works”) comprised of information gathered from your Web site, blog or local documents (collectively “Content”).  Creating your own electronic Works is as simple as adding the Content you want included in your Work through the easy to use BookBrewer.com interface.  Without having to hire a team of editors or graphic artists, you will be able to create your own, professional electronic Works for distribution.

1.    LICENSE TO SERVICES: Subject to your providing complete and accurate information requested on the registration form and timely payment of fees, BookBrewer.com licenses User to access and use the BookBrewer.com tools and related website materials for the sole purpose of importing Content to create one or more Works. By accepting these terms of service, User agrees that it is providing a service independent from that of Company.  

2.    DISCLAIMER. User acknowledges that Company is not responsible for or liable for any of User’s unlawful distribution of its electronic books; it will only send its electronic books to those to whom it is lawfully allowed; User is responsible for all Content, including any unlawful content published in its electronic books. You acknowledge that by using BookBrewer.com, you will not acquire any right, title, or interest in or to the Company or its services except as expressly set forth in this Agreement. 

3.   RESTRICTIONS. 

No Reverse Engineering. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Company or BookBrewer.com Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Company or BookBrewer.com services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation (including without limitation the display of Company or BookBrewer.com brand. 

Security. You must comply with all security and authorization requirements of the Site and Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network; (c) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.

4.   BRANDING AND NOTICES. You will not remove, obscure, or alter Company or BookBrewer.com Services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation (including without limitation the display of Company or BookBrewer.com service’s brand features.

5.    PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found at http://www.bookbrewer.com/content/privacy-policy. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

6.    USER ACCOUNTS: You will also be asked to create a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not, without permission, use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

7.    USER CONTENT. By using Company and its Services, you are granting Company a license to use materials you have currently registered or have registered in the past for use with the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content (“User Content”) to the Site or Service, you are granting Company and any affiliates, employees or other third parties authorized by Company a license to privately use, copy, distribute, transmit, reproduce, edit, translate, and reformat User Content for use withing its Services. Note that this does not include the right to publicly distribute or sell your book on your behalf, as such rights are agreed to on a per-title basis only when you choose to have BookBrewer distribute or sell your book for you (see separate Author Agreements here: http://bookbrewer.com/content/author-agreements). You agree that Company may publish or otherwise disclose your name in connection with your User Content for promotional and marketing purposes. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

8.    CONTENT RESTRICTIONS.

 	Intellectual Property Rights. When accessing the Site or using the Service, you agree to obey the law and to respect the Intellectual Property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s Intellectual Property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. You also agree to monitor content in your content, electronic books, or advertisements for any potential violations of privacy, intellectual property, or any other laws. The burden of proving that any 

Unlawful Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening; advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or, advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. You further agree that you will not use the Services for spam, unlawfully solicited messages, uploading viruses or other, similar software.

9.    NOTICES. Company has in place procedures regarding complaints in violation of Company policy, state, and federal laws. All notification of such violations should be directed to the following unless otherwise specified in this Terms of Service:
 
   FeedBrewer, Inc.
   P.O. Box 1820
   Broomfield, CO 80038-1820
 
Or by email: help@feedbrewer.net

10.    DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

-    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

-    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

-    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

-    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

-    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

-    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s designated “Copyright Agent” to receive notifications of claimed infringement is:

   FeedBrewer, Inc.
   P.O. Box 1820
   Broomfield, CO 80038-1820
   Or by email: help@feedbrewer.net

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company customer service at the address listed above unless otherwise indicated herein.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

11.    TERMINATION. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

12.    NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13.    LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14.    AFFILIATED SITES AND CONTENT. Company is affiliated with and sometimes receives Content from various third parties.  Company has no control over, and no liability for any third party websites, materials, or Content submitted to Company. Company works with a number of partners and affiliates whose Internet sites may be linked with its Sites. Because neither Company nor its Sites have control over the content and performance of partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, articles and websites) that are owned by or provided by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15.    INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use including infringement, or alleged infringement, by any user of your account of the intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16.    COPYRIGHT. All content of Company and of its Site and Services are exclusive holders of the copyright to the BookBrewer.com Site and Service. All rights reserved worldwide.

17.    GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Colorado, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Denver County, Colorado, in all disputes arising out of or related to the use of the Site or Service.

18.    SEVERABILITY; WAIVER. If, for whatever reason, any term or condition in these Terms of Use is declared to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19.    BINDING EFFECT. This is a binding agreement between you and Company providing, among other things, the terms and conditions for your use of Company websites, hereinafter collectively referred to as the “Site”, “Sites”, “Service” or “Services.” By using the Services you agree to abide by these Terms of Use and, as they may be amended by the Company from time to time in its sole discretion. Company will post a notice on the Services any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease use of the Service. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.

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