Booktango Terms of Use

This AGREEMENT and the documents referenced herein ("Agreement") is a legal agreement between Author Solutions, LLC, dba Booktango with its principal offices at 1663 S. Liberty Drive, Bloomington, IN 47403, USA (“SERVICE PROVIDER”) and you, the “USER,” as defined by this Agreement and agreed to by Parties.

Booktango provides tools and services (“Services”) to assist USER in creating customized eBooks (“Works”) comprised of information gathered from USER’S Web site, blog or local documents (collectively “Content”).

1. LICENSES: Subject to USER providing complete and accurate information requested on the registration form and timely payment of fees, SERVICE PROVIDER licenses USER to access and use the SERVICE PROVIDER 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 SERVICE PROVIDER.

By using SERVICE PROVIDER’s s Services, USER is granting SERVICE PROVIDER a license to use materials USER has currently or previously registered for use with the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content to the Site or Service, USER is granting SERVICE PROVIDER and any affiliates, employees or other third parties authorized by SERVICE PROVIDER a license to privately use, copy, distribute, transmit, reproduce, edit, translate, and reformat User Content for use within its Services. USER agrees that SERVICE PROVIDER may publish or otherwise disclose USER’s name in connection with USER’s User Content for promotional and marketing purposes. By posting User Content on the Site or Service, USER warrants and represents that USER owns the rights to the User Content or is otherwise authorized to post, distribute, display, perform, or transmit User Content.

2. RESTRICTIONS.

No Reverse Engineering. USER will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any SERVICE PROVIDER 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. USER will not remove, obscure, or alter SERVICE PROVIDER or Booktango services’ copyright notices, brand features, or other proprietary rights notices affixed to or contained within any said services, software, or documentation.

Security. USER must comply with all security and authorization requirements of the booktango.com Site and Service. USER is 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 USER, or logging onto a server or account that USER is 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.

3. PRIVACY POLICY. SERVICE PROVIDER respects USER’s privacy and permits USER to control the treatment of USER’s personal information. A complete statement of SERVICE PROVIDER’s current Privacy Policy can be found at. SERVICE PROVIDER’s web site. Privacy Policy is expressly incorporated into this Agreement by this reference.

4. USER ACCOUNTS: USER must create a user name and password. USER is entirely responsible for maintaining the confidentiality of USER’s password. USER may not, without permission, use the account, username, or password of someone else at any time. USER agrees to notify SERVICE PROVIDER immediately of any unauthorized use of USER’s account, user name, or password. SERVICE PROVIDER shall not be liable for any loss that USER incurs as a result of someone else using USER’s password, either with or without USER’S knowledge. USER may be held liable for any losses incurred by SERVICE PROVIDER, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of USER’s account or password.

5. CONTENT RESTRICTIONS.

Intellectual Property Rights. When accessing the Site or using the Service, USER agrees to obey the law and to respect the Intellectual Property rights of others. USER’s 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. USER agrees not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s Intellectual Property or proprietary rights. USER shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content USER provides or transmits, or that is provided or transmitted using USER’s User ID. USER also agrees to monitor content in USER’s content, electronic books, or advertisements for any potential violations of privacy, intellectual property, or any other laws.

Unlawful Content. USER agrees not to upload, download, display, perform, transmit, or otherwise distribute any Content that is defamatory, slanderous, libelous, or obscene, or in any other way illegal and further agrees that any recipes, formulae, instructions, or recommendations contained in the CONTENT are not and will not be injurious to any reader, user, or any third person, and that USER will not use the Services for spam, unlawfully solicited messages, uploading viruses or other, similar software . SERVICE PROVIDER reserves the right to terminate USER’s receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. SERVICE PROVIDER 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. .

6. NOTICES. SERVICE PROVIDER has in place procedures regarding complaints in violation of SERVICE PROVIDER policy, state, and federal laws. All notification of such violations should be directed to the following:

Author Solutions, LLC
1663 Liberty Drive
Bloomington, IN 47403

Or by email: customersupport@booktango.com

7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. If USER believes that any content infringes upon USER’s copyrights, USER may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing SERVICE PROVIDER 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 USER, such as an address, telephone number, and, if available, an electronic mail;

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

. USER acknowledges that if USER fails to comply with all of the requirements of this Section, USER’s DMCA notice may not be valid.

8. TERMINATION. SERVICE PROVIDER reserves the right to terminate USER’s use of the Service and/or the Site. To ensure that SERVICE PROVIDER provides a high quality experience for USER and for other users of the Site and the Service, USER agrees that SERVICE PROVIDER or its representatives may access USER’s account and records to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. SERVICE PROVIDER reserves the right to terminate USER’s account or USER’s access to the Site immediately, with or without notice to USER, and without liability, if SERVICE PROVIDER believes that USER has violated any of the Terms of Use, furnished SERVICE PROVIDER with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES. SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES. SERVICE PROVIDER IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. USER ASSUMES 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, SERVICE PROVIDER 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. SERVICE PROVIDER DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET USER’S REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY. SERVICE PROVIDER’S LIABILITY TO USER IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER 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 USER’S USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO USER BY SERVICE PROVIDER. 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.

11. AFFILIATED SITES AND CONTENT. SERVICE PROVIDER has no control over, and no liability for any third party websites, materials, or Content submitted to SERVICE PROVIDER. SERVICE PROVIDER works with a number of partners and affiliates whose Internet sites may be linked with its Sites. Because neither SERVICE PROVIDER nor its Sites have control over the content and performance of partner and affiliate sites, SERVICE PROVIDER makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and SERVICE PROVIDER 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 USER’s use of the Site, USER may have access to content items (including, but not limited to, articles and websites) that are owned by or provided by third parties. USER acknowledges and agrees that SERVICE PROVIDER 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 USER’s use of any and all third party content.

12. INDEMNITY. USER agrees to indemnify, defend, and hold harmless SERVICE PROVIDER, 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 USER’s access to or use of the Site, USER’s violation of these Terms of Use including infringement, or alleged infringement, by any user of USER’s account of the intellectual property or other right of any person or entity. SERVICE PROVIDER will notify USER promptly of any such claim, loss, liability, or demand, and will provide USER with reasonable assistance, at USER’s expense, in defending any such claim, loss, liability, damage, or cost.

14. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed as to all matters by the laws of the State of Indiana. Any dispute between the parties must be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) to take place in Bloomington, Indiana before a single arbitrator in accordance with the AAA Commercial Arbitration Rules. Any award entered by the arbitrator will be final and binding and may be enforced in any court of competent jurisdiction.

15. SEVERABILITY; WAIVER. If any term or provision of this Agreement is deemed illegal or unenforceable by a court or arbitrator of competent jurisdiction, then, nonetheless, this Agreement shall remain in full force and effect and such term or provision shall be deemed deleted or curtailed only to such extent as is necessary to make it legal or enforceable. 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 waiver shall be valid or binding unless made in writing and signed by all parties hereto.

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

Ver. 7/19/13