1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms the following definitions apply:
The Books Factory Means The Books Factory, Inc.;
Website Means www.thebookfactory.com, owned by The Books Factory;
Services Means the Book Writing and Publishing services offered by The Books Factory through the Website;
User Means any visitor of the Website who accesses or uses the contents and services offered by the Website;
Client Means a User who has purchased the Services;
Publicly Accessible Pages Means those pages of the Website that are available to general public and other Users such as Review pages;
Terms Means the standard terms set out in these terms and conditions.
1.2By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website and the services offered by the Website.
1.3 The Books Factory reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of The Books Factory. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted that change.
1.4The Website pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of The Books Factory as and when they are found. The information on the different web pages of the Website are updated regularly but inaccuracies may remain or occur when changes occur between updates.
2. TERMS FOR THE USE OF THE WEBSITE
2.1 The Books Factory grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Website or any third party content in accordance with these Terms and subject to the following conditions:
i) The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorized;
ii) A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or otherwise use any part of the Website Content in any way, unless expressly permitted to do so by The Books Factory.
2.2 The Books Factory does not give User the right to create any derivative work of the contents, services, or products of the Website or of any third party content or service available via the Website.
2.3The Books Factory does not convey any interest in or to the information, content, services available via the Website or any other The Books Factory material including intellectual property by permitting the user to access the Website.
2.4 THE BOOKS FACTORY TRADEMARKS AND INTELLECTUAL PROPERTY
i) Any and all intellectual property associated with the Website and its contents are the sole property of The Books Factory, except as expressly provided in these Terms.
ii) All custom graphics, icons, business names and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of The Books Factory except as otherwise expressly authorized by these Terms.
iii) No license to use any of these trademarks etc is given or implied. A User shall not copy, download, reproduce, modify, sell, create derivative works from, upload, or distribute these trademarks in any way without prior permission of The Books Factory.
3. INFORMATION AND SERVICES
3.1 The Website provides all the relevant information pertaining to Services provided by The Books Factory.
3.2 ELIGIBILITY: The Books Factory shall provide Services only to those Clients who have attained the minimum age of 13 years. The Services are not intended for children under the age of 13.
3.3 To purchase the Services, the User needs to schedule a consultation with The Books Factory by filling out the relevant form and providing all the required information. The Client shall be able to purchase the Services by executing a financial contract and making the payment to The Books Factory through any of the payment mode accepted by The Books Factory.
3.5 The Books Factory shall provide the Services as per the terms and conditions of the financial contract executed between the Client and The Books Factory.
4. PUBLIC INFORMATION
4.1 Any review, content information or image, material posted or uploaded by a User on the Publicly Accessible pages of the Website shall be known as “Public Information” of the User.
4.2 The User shall be solely and fully liable and responsible for the Public Information posted, uploaded or submitted to the Website by the User.
4.3 The User grants The Books Factory a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Information provided by the User in any manner The Books Factory deems fit.
4.4 The Books Factory shall not be the controller, owner or author of any Public Information posted by any User of the Website and shall not be liable, in any manner whatsoever, for any Public Information submitted to, posted, or uploaded on the Website, by the Users. The Books Factory does not endorse any opinion expressed by any User of the Website.
4.5 The Books Factory shall have no obligation to monitor any Public Information submitted to or posted on the Website by the Users of the Website. The User agrees that by accessing Publicly Accessible Pages of the Website, the User might get exposed to information that is offensive, objectionable or indecent.
4.6 The Books Factory reserves the right, at its sole discretion, to remove, any Public Information or any material posted or displayed on the Website by a User.
5. REPRESENTATION AND WARRANTIES OF USER
5.1 The User warrants that any and all the personal information provided to the Website and all the materials, content, posted or uploaded on the Publicly Accessible Pages of the Website shall be accurate and comply with all the relevant and applicable laws, standards, and guidelines.
5.2 The User warrants that the User shall not post or advertise on the Website, or transmit to other Users, any material which is defamatory, inaccurate, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.
6. DUTIES AND OBLIGATIONS OF THE USERS
6.1 User agrees not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Website and the Services provided by The Books Factory through the Website.
6.2 User shall not indulge in any activity or transaction, through the Website, that could cause The Books Factory to violate any applicable law, statute, ordinance or regulation.
6.4 By registering himself or herself as a User or by uploading or posting any content or material, the User represents and warrants that he or she is legally capable of entering into binding contracts.
6.5 User represents that he/she is fully responsible for protecting the privacy of the Username and the Password of his/her User Account. User shall ensure that the password is not misused by anyone.
6.6 User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.
6.7 User shall not use any robot, spider, scraper or other device or automated means to access the Website, or to monitor the activity, or copy pages and other contents from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology.
6.8 User shall not take any action that The Books Factory believes, in its sole discretion, will impose an unreasonably large load on The Books Factory servers, including without limitation, deep linking into the Website.
6.9 User agrees to follow all the applicable local and International cyber laws.
7. TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC
7.1 Without limiting other remedies, The Books Factory may limit User’s activity, temporarily suspend, indefinitely suspend, remove content or information posted by the User, or refuse to provide the Website services to the User if, within the sole and independent judgment of The Books Factory:
i) User breaches or The Books Factory anticipate that User might breach these Terms.
ii) The Books Factory believes that User actions may cause financial loss or legal liability to other Users or to The Books Factory.
iii) Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Website;
iv) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or any other method or device;
v) Refusing to follow the instructions or directions of The Books Factory’s staff.
7.2 The Books Factory can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by The Books Factory.
7.3 The User agrees that The Books Factory shall not be liable to the User or any third party for any action taken by The Books Factory under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Website.
8. DISCLAIMER OF WARRANTIES
8.1 The Books Factory shall not be liable if for any reason the Website is unavailable at any time for any period. Access to the Website may be suspended temporarily and without notice in case of system failure, maintenance or repair or for any other reasonable cause.
8.2 In addition, The Books Factory specifically disclaims all warranties that the sites or the services offered will meet User’s requirements.
8.3 The Books Factory, its affiliates or licensors, directors, employees, shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, arising out of or in connection with:
i) The use of the Website, including inaccuracy of the content, or services and / or availability of the Website.
ii) The Modification, suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data.
iii) Third Party Transactions resulting from the use of Website.
iv) Purchase of Services offered by the Website.
v) Any information submitted to or posted/displayed on the Website by the Users, or for any failure to correct or remove the said information.
8.4 Users agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
9. LIMITATION OF LIABILITY
9.1 The Books Factory, its affiliates, directors, employees, or third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with the Services, use of the Website, including inaccuracy of the content, and/or availability of the Website or the suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data or from third Party transactions resulting from the use of Website. This shall apply even where such a loss was reasonably foreseeable or The Books Factory had been made aware of the possibility of such loss.
10.1 The User agrees to indemnify and hold harmless The Books Factory, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against The Books Factory by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to the Website and Services provided through the Website.
11. COPYRIGHT AND INTELLECTUAL PROPERTY
11.1 If any User believes that material posted on the Website constitutes infringement of that User’s work(s), then the User may provide The Books Factory with the following information:
i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
ii) A description of where the material that User claims is infringing is located on the Site;
iii) A description of the copyrighted work that User claims has been infringed;
iv) User’s address, telephone number, and email address;
v) A written statement by User that he/she has a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
vi) A statement by the User made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorised to act on behalf of the copyright owners.
11.2 In case The Books Factory receives a Notice, from any other party, regarding the copyright violation of any content in the Website, The Books Factory shall after investigation of the matter and after convincing itself of the unintended wrongful use, remove that content from the Website.
12. THIRD PARTIES LINKS AND SERVICES
12.1 The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Website. The Website undertakes no obligation to monitor such sites, and User agree that the Website shall not be liable, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party website or links.
13. NOTICES AND COMMUNICATIONS
13.1 The User shall send all the notices and information, required to be made under these terms, at the Corporate Address of The Books Factory or at the following Email Address:
Email Address: [email protected]
13.2 The Books Factory shall send all the information, required to be made under these terms, to the Client at the registered Email Address provided by the Client.