BookCreative End User License Agreement

The BookCreative.com Web Site (the "Site") is an online service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BookCreative.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Our Policy. 

Because this is a digital product, we cannot offer refunds, UNLESS there is a non-resolvable technical issue with the software, which is rare. Should there be a technical issue, the customer needs to contact us with a full, detailed description of the problem, and we will work to resolve the issue. After this, should the program still fail to work, either a full refund will be offered, or we will provide custom design services by our professional team, per our discretion. With any non-technical reasons, and per our discretion, we will offer our custom design services up to $200.

 

2. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are BookCreative.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, RESELL, OR DISTRIBUTE IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE, without permission. The templates are only to be used by the purchaser to edit as desired, however, they many not be purchased to resell as a package, WITHOUT OUR CONSENT. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you provide proper credit in the form of a link back to www.bookcreative.com, and agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to BookCreative.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to BookCreative.com by all means and in any media now known or hereafter developed. You also grant to BookCreative.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BookCreative.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BookCreative.com.

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of BookCreative.com Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by BookCreative.com, BookCreative.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for BookCreative.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with BookCreative.com a. You also understand that BookCreative.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BookCreative.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BookCreative.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BookCreative.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. BookCreative.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL BookCreative.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IFBookCreative.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BookCreative.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BookCreative.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-BookCreative.com web site, please understand that it is independent from BookCreative.com, and that BookCreative.com has no control over the content on that web site. In addition, a link to a BookCreative.com web site does not mean that BookCreative.com endorses or accepts any responsibility for the content, or the use, of such web site.

4. Indemnification.

You agree to indemnify, defend and hold harmless BookCreative.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

5. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of BookCreative.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

7. Internationally Shipped CD orders

BookCreative.com IS NOT RESPONSIBLE FOR ANY DUTIES, TAXES, OR OTHER FEES THAT MAY BE IMPOSED BY CUSTOMS WHEN YOUR PACKAGE REACHES YOUR COUNTRY. Customs taxes for your country will be calculated based on the items replacement value; however we are unable to provide you with information about duties, taxes, or other fees that may originate once the package arrives in your country. By placing an order with BookCreative.com, you agree to accept any and all charges that may be in addition to regular shipping and customs costs. If you choose to not pay for these fees, then you abandon your package and are not entitled to any refund. Once the package leaves the United States, the package is your responsibility to either claim or abandon.

As the buyer you become the importer of record and it is your responsibility to ensure that you are abiding by all local and international laws pertaining to importing and possessing anything you receive from BookCreative.com. No refunds will be given for packages confiscated by customs outside the United States.

If your shipment is confiscated by United States customs, you may be entitled to a reshipment. However, once the package leaves the United States, it then becomes your responsibility, and not the responsibility of BookCreative.com, to either reclaim or abandon the shipment. No refunds will be issued for packages confiscated by customs outside the United States.

Shortage/Damage
Please unpack your order and report any shortage or damage immediately. We cannot be responsible for damaged shipments not reported within 15 business days of delivery. If a package arrives damaged, note the damage and call or e-mail us immediately. If the driver is still present, ask that the damage be noted. This will expedite shipping claims. Do not discard product or packaging. The carrier may wish to inspect the package before paying a claim. BookCreative.com is not responsible for any delay caused by the shipping company. Please note that items we sell are often already damaged. Items that are auctioned "AS IS" will be refunded if damage is determined to have been caused by the shipping company; otherwise these items have no warranty. Items sold "AS IS" cannot be returned unless otherwise noted.

Please inspect your shipment carefully upon arrival. Customers have 5 days from delivery to report any discrepancy between what items were ordered and what was actually shipped.

8. Reselling of our products. Our software, templates, images, and any other elements contained as part of our service are copyrighted to be used only for the creation of books and cannot be resold in any form without special licensing. Please contact us for pricing. Any discovery found to be using elements of BookCreative.com without our consent will be subject to immediate legal action and fines as outlined under Indiana law.

9. Images. BookCreative.com, or the owners herein, are not responsible for any copyrighted images our users place on their files created by our software.

10. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between BookCreative.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BookCreative.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BookCreative.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

The BookCreative.com Web Site (the "Site") is an online information service provided by BookCreative ("BookCreative.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BookCreative.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 

Any rights not expressly granted herein are reserved.
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