Terms
Of Service
Welcome to FlipBlog.com (the “Site”). E-Book Systems, Inc. (“we,” “us” or “E-Book Systems”) is pleased to offer the services on the Site under these terms and conditions (“Agreement”). YOUR USE OF AND/OR REGISTRATION AT THE SITE EVIDENCES YOUR CONSENT TO BE BOUND BY THIS AGREEMENT. THE TERMS OF THIS AGREEMENT ARE SET OUT BELOW, MAY BE AMENDED FROM TIME TO TIME, AND INCLUDE OUR PRIVACY POLICY. IF YOU DO NOT INTEND TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE. Under this Agreement, E-Book Systems offers the user (“you,” “your” or “user”) the ability to (i) use the Site; (ii) download and/or otherwise use E-Book’s FlipViewer software (“Software”); (iii) create, store and display a flip-enabled blog; (iv) view, add to and comment upon flip-enabled blogs located on the Site; and ; and (v) upload content for display on flip-enabled blogs located on the Site , among other things (“Applications”). By using the Site and/or clicking on the “Accept” button, you agree to be bound by terms and conditions of this Agreement, including but not limited to your agreement to limit/exclude damages and remedies and accept California law. You may scroll down to review all of the terms and conditions of this Agreement, or you may print it out as enabled by your browser. You hereby declare that you are the person or entity using the Site. If you are not making this Agreement on your own behalf, you warrant that you are legally authorized to enter into the Agreement on behalf of the entity described in the registration form and that your actions will legally bind that entity. Table of Contents 1. Ownership 1. OWNERSHIP. The Site, Applications and Software are the exclusive property of E-Book Systems and/or its suppliers. All rights not granted herein are reserved by E-Book Systems. 2. GRANT OF LICENSE AND RESTRICTIONS. In accordance with this Agreement, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site only for its intended purposes. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. You may not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Applications or Software; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code of any Application or Software; (e) copy, reproduce, alter, modify, create derivative works, or publicly display any Application, Software or content from Site without our prior written permission, or that of the appropriate third party; (f) alter or modify the copyright notices and any other proprietary legends that appear on the Site; or (g) access the Site by any means other than through the interface that is provided by us. 3. APPLICATIONS. E-Book Systems grants you a limited license to use the Applications subject to the following conditions. - You understand that all information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages, hyperlinks, and other materials, including flip-enabled content (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from whom the Materials originated. This means you, and not E-Book Systems, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent. - You shall not create a user name, screen name or label or upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. - Your Materials, user name, screen name and labeling of Materials shall not contain expressions of hatred, bigotry, racism or pornography. - Your Materials, user name, screen name and labeling of Materials shall not disparage in any manner E-Book Systems, its products and Web sites, including but not limited to the Site, Applications and Software. - Your Materials, user name, and screen name shall not infringe the copyrights, trademarks, trade secrets, or other intellectual property rights of any third party. - You shall not use any third party Materials, including images or photographs, which are made available through any Applications in any manner that infringes any copyright, trademark, trade secret, or other intellectual property right of any third party. - You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other registered users to join or become members of any commercial online web site or other organization is expressly prohibited. - You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications facilities, networks, servers or other equipment. - You shall not attempt to gain unauthorized access to, or obtain any materials or information through, any Application, or other accounts, computer systems or networks connected to the Site or any Application, through hacking, password mining or any other means. - You shall not use the Site or Applications in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). - You shall not use the Site or Applications to harvest or otherwise collect information about others, including e-mail addresses. - You shall not use the Site or Applications to create a false identity for the purpose of misleading others. - You shall not include in your Materials hyperlinks to any web site whose content or functionality would violate any of the restrictions in this Agreement. 4. SOFTWARE AND EULA. The Software that is made available to you via download or otherwise through use of the Site and the Applications is the copyrighted work of E-Book Systems and/or its suppliers. The use of the Software is governed by the terms and conditions of the end user license agreement (“EULA”) that accompanies or is included in the software or which is expressly stated on the Site pages accompanying the Software, and these terms. 5. USE OF YOUR PASSWORD. All Materials or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact E-Book Systems immediately to authorize us to deny access to the Site to anyone else presenting your password. 6. COPYRIGHTS AND TRADEMARKS. The Site is protected by intellectual property laws and you agree to respect them. Please see our Copyright and Trademark Notice for more information about our trademarks and copyrights. Except as expressly provided above, E Book Systems has not conferred upon you by implication, estoppel or otherwise, any license or right under any trademark, copyright or other proprietary rights to the content and Material offered on the Site. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement should refer to the Notice to Copyright Agent section below for the procedures for making a claim of copyright infringement to E-Book Systems. 7. SUBMITTING MATERIALS AND FEEDBACK. E-Book Systems does not claim ownership of the Materials you provide to E-Book Systems or post, upload, input or submit to the Site or any Application for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your Materials you are granting E-Book Systems and necessary sublicensees permission to use your Materials in connection with the operation of the Site and Applications, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Materials; and to publish your name in connection with your Materials. In addition, you warrant that all so-called “moral rights” in those Materials have been waived. By submitting any feedback, data, questions, comments, suggestions or the like (“Feedback”) to the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) E-Book Systems a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such Feedback or incorporate such Feedback into any form, media or technology now known or later developed throughout the universe. Moreover, E-Book Systems shall have the right to further sublicense these rights to third parties. 8. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in “writing.” We will provide these in screen text or deliver a copy to the email address that you provide to us at registration. If you do not wish to deal with us electronically, you should not enter into this Agreement. 9. RECORD RETENTION. You agree to print (or copy) and retain agreements or disclosures that we are required to deliver to you in writing. To the extent required by law, we instruct you to retain a copy in your legal records. You may make a paper copy by pressing the "print" button on your browser; you may make an electronic copy by selecting the “save file” option in your browser. If you cannot do either, you may email us at rick@ebooksys.com, or write us at E-Book Systems, Inc., 1600 Wyatt Drive, Suite 14, Santa Clara, California 95054 and we will send a copy. As a customer service, we may attempt to locate data for you if we still have it when you ask for it, but we do not assume any duty to retain or produce data and we reserve the right to charge a retrieval fee. We grant you a revocable, limited license to print copies of this Agreement for the purpose of documenting your transactions. 10. PRIVACY POLICY. Our Privacy Policy is part of and incorporated into this Agreement. Please take a moment to review it. 11. TERMINATION OR CANCELLATION; REMOVAL OF MATERIALS AND DISCLOSURE OF INFORMATION. This Agreement may be terminated or cancelled by either party, with or without cause at any time, by providing thirty (30) days’ written notice to the other party; provided however, sections 1, 6, 7, 10 and 12-25 of this Agreement shall survive termination. Notwithstanding termination (or cancellation), you will still be liable for payment of any amounts due or other obligations incurred before termination or cancellation, whether the Agreement is ended by you or by us. We may also suspend, cancel or terminate your registration; block your use of the Site; or direct you to cease using the Site, in each case without notice, if we believe in good faith that you or a related person has breached or may breach this Agreement. E-Book Systems has no obligation to monitor the Site. However, we reserve the right to review Materials posted to the Site and to remove any Materials in our sole discretion. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, in our sole discretion. 12. YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant for the benefit of E-Book Systems, its affiliates and any third parties mentioned on the Site that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement; (f) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site; and (g) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site. 13. NO E-BOOK SYSTEMS WARRANTIES; AS IS. EXCEPT AS EXPRESSLY PROVIDED IN AN AGREEMENT (SUCH AS AN EULA) BETWEEN YOU AND E-BOOK SYSTEMS, THE SITE, APPLICATIONS AND SOFTWARE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. E-BOOK SYSTEMS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE, APPLICATIONS OR SOFTWARE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS OR SOFTWARE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS AND SOFTWARE IS BORNE BY YOU. IN ADDITION, E-BOOK SYSTEMS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS AND SOFTWARE. E-BOOK SYSTEMS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. 14. ASSUMPTION OF RISK. YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS AND SOFTWARE ARE NOT SUITABLE OR ACCURATE FOR YOUR NEEDS AND ARE NOT UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND FOR ANY DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR MATERIALS OR COMMUNICATIONS. YOUR USE OF THE SITE, APPLICATIONS AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THEREFROM. You agree to indemnify, defend and hold harmless each of E-Book Systems and its affiliates and their respective officers, employees and agents, from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Site and Applications; your Materials, your transmission of information via the Site or Applications; or your violation of this Agreement. 15. LIMITATION OF DAMAGES AND EXCLUSIVE REMEDY. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS, SOFTWARE OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR APPLICATIONS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND APPLICATIONS. YOU AGREE THAT THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 16. MATERIALS PROVIDED BY THIRD PARTIES. E-Book Systems does not control or endorse the Materials posted to the Site or transmitted via any Application by third parties and does not guarantee the accuracy, integrity, or quality of such Materials. E-Book Systems specifically disclaims any liability with regard to third party Materials, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of such Materials. Views expressed on the Site do not necessarily reflect those of E-Book Systems. Contributors to the Site may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. E-Book Systems does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the Site. By using the Site or Applications, you may be exposed to third party Materials that are offensive, indecent or objectionable. Third Party Materials on the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you use or download such Materials. 17. LINKED SITES. The Site may contain links to sites of third parties, including advertisers. While their services might be helpful to you, they are independent businesses and we do not control or endorse them. You agree to visit them and use their services at your own risk. 18. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. You may not assign or otherwise transfer any rights under this Agreement. 19. AMENDMENTS; COMPLETE AGREEMENT. You agree that we may from time to time amend or add to the terms and conditions of this Agreement (“Amendments”), including without limitation, Amendments that add registration fees or change payment methods or requirements. When practical, we will endeavor to give you prior notice of Amendments. When such notice might expose us or others to harm, we reserve the right to provide notice after the Amendment. All Amendments will be effective ten (10) days after notice unless an earlier time is specified by us. Except as to your use of the Site before the effective date of an Amendment, any use of the Site after that date shall be your consent to the amended terms. If you do not want to be bound by an Amendment, you will need to terminate your registration and refrain from using the Site after that date. This Agreement and any Amendments, your registration, the disclosures provided by us and the consents provided by you on the Site, and any EULAs constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties. No changes proposed by you or us will be effective unless and until they appear in this Agreement or in the Amendments as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you. 20. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 21. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 22. GOVERNING LAW; EXCLUSIVE JURISDICTION. This Agreement, the performance of the Site, Applications and Software and all other matters that relate in any way to the Site, Applications and Software shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to this Agreement or the Site shall be litigated, arbitrated or otherwise heard in the appropriate forum in California. The parties hereto hereby consent to exclusive jurisdiction over them in any state or federal court sitting in California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law. 23. INTERNATIONAL USAGE. The Site is controlled and operated by E-Book Systems from its offices within California, United States of America, but is distributed internationally.. We make no representation that any or all uses of the Site or Applications are appropriate, permissible, legal or available in other locations. Those who choose to access the Site and/or use the Applications from any location do so at their own risk and are responsible for compliance with laws in all jurisdictions in which the Site is available, if and to the extent such laws are applicable. 24. PRACTICES REGARDING USE AND STORAGE. E-Book Systems may establish practices and limits concerning use of the Site and Applications. While E-Book Systems will use reasonable efforts to back up the Site data and make such data available in the event of loss or deletion, E-Book Systems has no responsibility or liability for the deletion or failure to store any messages, other communications, or other Materials maintained on the Site or transmitted by any Application. E-Book Systems reserves the right to archive any Materials or to mark them as “inactive” and archive accounts that are inactive for an extended period of time. Operation of the Site may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required emergency maintenance work may temporarily interrupt operation of Applications or access to the Site. 25. GENERAL NOTICES. All notices required by or allowed under this Agreement, including notices of problems with the Site, Applications and Software should be addressed to E-Book Systems, Inc., 1600 Wyatt Drive, Suite14, Santa Clara, California 95054. If applicable law requires that we accept email notices, then you may send us email notice at rick@ebooksys.com. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check for changes. Instead, or in addition, we may give notice by sending email to the email address you provide during registration. Notice shall be deemed given twenty-four (24) hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing. 26. NOTICE TO COPYRIGHT AGENT. E-Book Systems respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: - An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; - Identification of the copyrighted work claimed to have been infringed; - Identification of the material that is claimed to be infringing and information reasonably sufficient to permit E-Book Systems to locate the material; - The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; - A representation that the complaining party has 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 representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Copyright infringement claims and notices (but not other notices) should be sent to the attention of Rick Chow, in any of the following manners: by mail: E-Book Systems, Inc., 5201 Great America Parkway, Suite 320
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