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Libboo Terms of Use

Last Revised: August 15, 2013

1. Acceptance of the Terms and Conditions.

1.1 Welcome to Libboo! Thanks for using our website and our services (the "Website"). The Website is provided by Libboo, Inc. ("Libboo," "we," "us," etc.) By using the Website, you ("You," "you," etc.) are agreeing to the terms of this agreement (the "Agreement"). Please read them carefully. If you do not accept these terms, then you may not access, browse, or use this Website.

1.2 We may modify these terms from time to time. If we do so, you will find the latest version here on this page, or by selecting the "Terms and Conditions" link that you find at the bottom of each page of the Website. We'll try to notify you of the changes by e-mail, but you should check the Website "Terms and Conditions" regularly to make sure you're aware of any updates. If you use the Website after these terms have been revised, then you agree the revised terms govern your usage. If you don't agree to the revised terms, then you may not use the Website.

1.3 Your use of the Web Site is also subject to Libboo's Privacy Policy, which you can find here: www.libboo.com/help?qid=60, which also governs your use of the Website as if we had reproduced it here.

2. Use of the Website.

2.1 The software, text, graphics, and images (the "Content") of this Website are protected by United States and foreign intellectual property laws. You will not use the Content except as permitted by these terms. Unauthorized use of the Content beyond what these terms permit may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, including but not limited to framing or mirroring the Content. In particular, the use or posting of any of the Content on any other Website is expressly forbidden. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you must immediately destroy any copies you have made of the Content. You must retain all copyright and other proprietary notices contained in the original Content in any copy you make of the Content.

2.2 The trademarks, service marks, and logos of Libboo (the "Company Trademarks") used and displayed on this Website are registered and unregistered trademarks or service marks of Libboo. Other company, product, and service names on the Website may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, together with Libboo Trademarks, the "Trademarks"). Nothing on the Website or in this Agreement should grant you any license or right to use any Trademark without the prior written consent of Libboo specific to each such use. The Trademarks may not be used to disparage Libboo or any third-party, or their products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any other website is prohibited without Libboo's prior written consent. All goodwill generated from the use of any Company Trademark shall accrue to Libboo's benefit.

2.3 You agree not to impose an excessive load on or otherwise interfere with the operation of the Website, attempt to reverse engineer any portion of the Website, delete or alter any Content posted on the Website, or use any technology to automatically extract data from the Website.

2.4 The Website may contain links to other websites not operated or controlled by Libboo. These links do not imply that Libboo endorses or has reviewed those websites. If you decide to access those websites, you do so at your own risk. You should contact those websites if you have questions about their content. You should always take precautions when downloading files from any website to protect your computer from viruses and other destructive programs.

2.5 Libboo participates in affiliate programs with other websites not operated or controlled by Libboo. Such programs offer a commission for qualifying purchases made by a customer delivered by Libboo to an online storefront. Any and all commissions that Libboo receives through Libboo's participation in affiliate programs shall be retained in their entirety by Libboo.

2.6 If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements of the Digital Millennium Copyright Act of 1998 (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to Libboo at:

Libboo, Inc.
1299 Cambridge Street
Cambridge, MA 02139

2.7 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Blog hosted by Libboo infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to Libboo at:

By Mail:

Libboo, Inc.
1299 Cambridge Street
Cambridge, MA 02139

By Email: help@libboo.com

3. Grant of License to Libboo

3.1 Statement of Purpose. Authors, Publishers, Content Owners, and Rights Holders may choose whether or not to submit a book or other work (collectively or separately, the "Work") to Libboo for the following purposes (the "Purposes"):

  1. advocating or marketing You or the Work;
  2. increasing the discoverability of the Work;
  3. managing a community around You or the Work;
  4. increasing point-of-sale placement of the Work.

3.2 Definition of Work. For purposes of clarity, the Work includes selected product information, including your name(s), product image(s), metadata, and other descriptors (collectively, the "Promotional Content") that supports the Purposes. You may elect to include an eBook or other digital file as a part of the Work to use as giveaways or free copies (the "Free Copies"), but you are not required to do so to use the Website.

3.3 Submission of Work. If you choose to submit a book or other work (the "Work") to Libboo, you grant to Libboo a non-exclusive, sub-licensable license, until terminated, to copy and distribute copies of the Work, including Free Copies, to third parties, and to publicly perform and display the Work, in part or in whole, through Libboo's products and services as they exist now and in the future.

3.4 Promotional Content. Whether or not you choose to submit a Work to Libboo, you grant to Libboo a non-exclusive sub-licensable license to use your name, image, and descriptions of the Work (collectively, the "Promotional Content," as defined above) in the pursuit of the Purposes, as defined above.

3.5 Changes to Work or Promotional Content. You also grant to Libboo a non-exclusive sub-licensable license to make minor changes to the Work for the Purposes, as defined above, provided that these changes do not materially alter the meaning, context, narrative, or representation of the Work. As an example, we may modify a copy of your Work with a "digital watermark" to indicate that the Author gave that copy to a particular Libboo member, who may in turn "gift" the Author copy to a particular recipient.

3.6 Author's Warranties. You represent and warrant to us that you either 1) own the copyright to the Work, or 2) are legally authorized by the copyright owner of the Work to grant these licenses to us.

4. Participant Responsibilities

4.1 Rewards and Giveaways. Authors, Publishers, Content Owners, and Rights Holders may elect to grant rewards (the "Reward," or "Rewards") in pursuit of the Purposes. Rewards are defined as incentives, set by You, to motivate user participation around your campaign or campaigns (the "Campaign," or "Campaigns"). Rewards may or may not include the transfer of goods and services, and are subject to the following:

  1. You are solely responsible for the legality of any Reward, whether it's a part of a Campaign on the Website or otherwise.
  2. You are also responsible for the distribution of those Rewards and any costs associated with their distribution, including Free Copies, and are subject to variances in state laws or even possibly international laws.

4.2 Pricing, Payments and Billing. Your billing cycle begins the first Monday after your first payment and lasts for 28 days (the "Subscription Period"). To cancel your subscription at any time, send us an email to help@libboo.com.

  1. Pay-What-You-Want Pricing
    1. Starting on or around August 15, 2013, Libboo is running a Pay-What-You-Want Program that allows You to select your own subscription price upon signup. There is no "free" option for running Campaigns around a Work on the Website.
    2. If your Work is accepted into the Website, you are entitled to retain your price for as long as you keep the Work active on the Website.
    3. If you have more than one Work on the Website, you may choose different prices for each Work.
    4. You may cancel your subscription at any time, but you must pay through the end of the Subscription Period. No pro-rated refunds will be allowed.
    5. Libboo, at its sole discretion, reserves the right to change these terms at any time, for any reason.
  2. Standard Pricing
    1. Upon termination of the Pay-What-You-Want Program on or around December 31, 2013, the following rules will apply:
    2. Libboo will have a yet-to-be-determined subscription price. There is no "free" option for running Campaigns around a Work on the Website.
    3. Any new Works accepted into the Website will pay the newly established subscription price.
    4. Any Works entered and approved during the Pay-What-You-Want program are entitled to keep the Pay-What-You-Want subscription price for as long as it remains continuously active on the Website. If you remove a Work from the Website and then reapply, you will be subject to the new yet-to-be-determined subscription price.
    5. You may cancel your subscription at any time, but you must pay through the end of the Subscription Period. No pro-rated refunds will be allowed.
    6. Libboo, at its sole discretion, reserves the right to change these terms at any time, for any reason.

5. Limitation of Liability and Disclaimer of Warranties.

5.1 LIBBOO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "LIBBOO PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE LIBBOO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FOR WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE LIBBOO PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN SERVICING OR REPLACING EQUIPMENT OR DATA, NO LIBBOO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE LIBBOO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

5.2 IN NO EVENT SHALL ANY LIBBOO PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE LIBBOO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Indemnification.

You agree to defend, indemnify, and hold harmless the Libboo Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms or your access to, use or misuse of the Content or Website. Libboo shall provide notice to you of any such claim, suit, or proceeding. Libboo reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Libboo's defense of such matter.

7. Termination of the Agreement.

7.1 Libboo reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Website or the Content at any time, for any reason, without prior notice or liability. Libboo reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

7.2 Sections 2 (Use of the Website), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.

8. User Must Comply with Applicable Laws.

8.1 This Website is based in Cambridge, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for obeying the laws of your jurisdiction.

8.2 The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited by law. By downloading Content, you agree that you are not in a country where such export is prohibited and are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your jurisdiction regarding the import, export, or re-export of the Content.

9. U.S. Government Restricted Rights.

The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.

10. Miscellaneous.

This Agreement is subject to the laws of the Commonwealth of Massachusetts, without respect to its provisions on conflicts of laws. Any dispute concerning this Agreement will be heard exclusively in the state and federal courts of Suffolk County in the State of Massachusetts, and you agree to submit to the jurisdiction of these courts. If any of these terms is found invalid by a court having competent jurisdiction, the remaining terms of this Agreement shall be unaffected and remain in full force and effect. Libboo's failure to enforce any term of the Agreement shall not be construed as a waiver of that term or any other term, and no waiver shall be held against Libboo unless it is made in writing, and no such waiver shall be construed as a waiver in any other instance. Except as expressly agreed by Libboo and you in a separate writing, these terms constitute the entire Agreement between you and Libboo with respect to the Website and Libboo's services, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Libboo with respect to the Website and Libboo's services. This Agreement may be enforced on its terms against you by our successors, assigns, licensees, and sublicensees.