Membership Terms of Use
Thebookpatch Membership Agreement and Terms of Use
Thebookpatch, LLC.
REVISED: May 21 2024
Thebookpatch (also referred to as “Thebookpatch.com,” “Thebookpatch,” and the “Site”) is an online print-on-demand and self-publishing platform providing free-to-use tools for publishing, printing, shipping, and distributing your work for personal use and/or sale to others.
Agreement
The Membership Agreement describes in the best legal jargon available your rights as a User, whether you are a creator or buyer of content. It also lists our rights as the Site owner, the information we collect about users and how it is stored, our obligations to accurately collect and pay revenues earned by content owners, your ownership and rights to retire works published using Thebookpatch tools and services, and our liabilities for services provided by Thebookpatch and our partners.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE, OR THE TOOLS OR SERVICES ACCESSED FROM THE WEBSITE, DENOTES YOUR ACCEPTANCE OF THIS MEMBERSHIP AGREEMENT AND ALL OF ITS TERMS.
Membership Agreement
Before using any Thebookpatch app or website
(Thebookpatch.com, or other) or setting up an account with Thebookpatch (herein referred to as the “Site,” “we,” “us,” or “Thebookpatch”), please read the following Membership Agreement and Terms and Conditions of Use (“Terms” or “Agreement”) carefully. These Terms govern your (“you” or “your”) access to and use of the websites and services owned and/or operated by Thebookpatch. Your access to and use of the Site are expressly conditioned on your acceptance of and compliance with these Terms. Any use of the Site constitutes your agreement to these Terms.
If you disagree with these Terms, do not use the Site. Note that any violation of these Terms may terminate your ability to access and use the Site and your rights to creator revenues.
The Terms also include posted terms and conditions applicable to specific services and/or features, all hereby incorporated by reference. Such additional terms and conditions (“Additional Terms”) will be posted for viewing in conjunction with the applicable feature or service. In the event of a conflict between these Terms (other than Section 16, 17, and 18 of these Terms) and the Additional Terms, the Additional Terms shall control; with respect to conflicts between the Additional Terms and Sections 16, 17, and 18 of these Terms, Sections 16, 17, and 18 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Site, including eliminating or discontinuing any content or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. It is your responsibility to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content or feature of the Site; or any change in any fees or charges for use of the Site.
1. Registration
When and if you register to use the Site, you agree to (a) being at least sixteen (16) years old; (b) providing accurate, current, and complete information about yourself as prompted by our registration form (including your valid email address); and (c) maintaining and updating your information (including your valid email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, (i) you cannot claim a lack of notice on communications we have attempted to send to you that could materially affect your rights under the Terms, and (ii) we reserve the right to terminate your access to and use of the Site.
As part of the registration process, you will be asked to provide your first name, last name, email address, preferred payment currency, and preferred language. Additionally, you will be asked to create a secure password. We may refuse any of the above information for any reason in our sole discretion, including in the event that we determine that such information impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your personal information and password and agree not to transfer or resell your use of or access to the Site to any third party.
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, PERSONAL INFORMATION, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Use of the Site
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Thebookpatch to access the Site, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links, and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site, and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of Thebookpatch or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display, or create derivative works of any portion of the Site without the written consent of Thebookpatch. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Maintenance and other technical issues may make the Site unavailable. Thebookpatch may, in its discretion, modify the features, availability, operation, and/or look and feel of the Site without notice to our users.
THEBOOKPATCH MAKES NO COMMITMENT, WARRANTY, OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED, OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET THE USER’S PURPOSES.
While using the Site you agree to comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 9 below. While using the Site, you agree not to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
• Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Violate any applicable laws or regulations;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
• Engage in spamming or flooding;
• Attempt to upload files by any method to another user’s account without permission;
• Access or use (or attempt to access or use) another user’s content without permission;
• Use any device or software to interfere with the proper working of the Site or of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Site;
• “Frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site;
• Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
WE MAY SUSPEND AND/OR TERMINATE YOUR ACCESS TO AND USE OF THE SITE AND/OR ANY FEATURES MADE AVAILABLE THROUGH THE SITE IMMEDIATELY IF YOU FAIL TO COMPLY WITH THE ABOVE RULES OR OTHERWISE FAIL TO COMPLY WITH THESE TERMS. A DETERMINATION TO BE MADE AT OUR SOLE DISCRETION.
3. Content
In the event that you post or upload to the Site in compliance with Section 2, or otherwise submit to or through Thebookpatch as part of your use of the Site, any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links, and other materials (collectively, “Content”); you retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers), and publicly display such Content, solely in connection with the Site. Should you decide to limit the access to and distribution of your Content, we will use commercially reasonable means to prevent such access and distribution. However, we cannot guarantee that these means will work all of the time. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Thebookpatch are not proprietary to you, and can be used by Thebookpatch and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Thebookpatch.
Thebookpatch may provide automatically generated example language, such as standard copyright practices, based on the information you provide during the publication process. You will hold Thebookpatch harmless in using said language and guarantee you are providing and validating appropriate and accurate information regarding the copyright of your material. It is your obligation to review and verify the automatically generated example language if you choose to use this language in your book.
You represent, warrant and covenant that (a) you own or otherwise possess all necessary rights with respect to your Content; (b) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (c) at Thebookpatch’s request, and without further consideration, you will promptly provide Thebookpatch with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and
agree that Thebookpatch may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Thebookpatch reasonably determines to be necessary to protect Thebookpatch’s rights or the rights of others; (d) you will abide by any Content policy established in these terms and/or posted on the Site; and (e) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner outlined by these Terms (including for purposes of promoting the Site); or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from said individual’s parent or legal guardian (and you agree to provide to Thebookpatch a copy of any such consents, releases and/or permissions upon request).
Any violation of this Section, as determined in our sole discretion, can be cause to remove any and all of your Content from the Site, remove from applicable Global Distribution Channels, and to terminate your account and access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part, and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Content (including without limitation using blocking or replacing expletives or other languages that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Thebookpatch does not review, monitor, or otherwise control Content made available for sale on our site or through our retail distribution services unless otherwise stated and at our sole discretion. All Content created and/or made
available via Thebookpatch and its sites is the account holder’s sole responsibility.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that receives a predetermined number of unique reports may be automatically removed from the Site at our sole discretion. Thebookpatch has no obligation to remove Content in response to user reports or requests. Thebookpatch is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site.
YOU ARE SOLELY RESPONSIBLE FOR RETAINING COPIES OF ANY CONTENT UPLOADED TO THE SITE. WE ARE NOT RESPONSIBLE FOR RETAINING YOUR FILE(S), AND MAINTAIN NO LIABILITY FOR THE LOSS OF FILES THAT ARE REMOVED IN COMPLIANCE WITH THESE TERMS AND THE SITES NORMAL FUNCTIONS.
Thebookpatch reserves the right to (a) reserve a portion of the back cover of any printed book or any other Content for placement of a unique identifying number and barcode (this number may be the Content’s ISBN if an ISBN is assigned), and (b) delete Content from Thebookpatch’s database after a defined period of time, as outlined in the then current policies of Thebookpatch.
Policy and Guidelines
Content uploaded or sold through the Site as a print or electronic Product or as a comment, review, idea, suggestion, or request must follow the content policy and guidelines detailed below. Users are expected to conduct proper
research to ensure that the Content sold through the Site is in compliance with all local, state, national, and international laws. If Thebookpatch determines that the Content is prohibited, we may summarily remove or alter it without returning any revenue from sales of the Prohibited Content. Thebookpatch reserves the right to judge whether Content is appropriate and available for sale on the Site or via Global Distribution services.
The following Content is not permitted and will be removed from the Site:
• Pornography – Text, photographs, and movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn; photographs or drawings of penetrative sex, oral/genital contact, or genitals; photographs or drawings for the sole purpose of sexual arousal; and/or excessively objectionable or crude content are not permitted.
• Offensive Material – Disturbing crime-scene pictures, pictures of cruelty to animals, and any other extremely disturbing materials are not permitted. This includes content that Thebookpatch deems promotes harm, threatens, promotes the harassment, intimidation or abuse of, or promotes discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender and gender identity, religious affiliation, age, disability, disease, or immigration status. Hate speech will not be tolerated. Be aware of cultural differences and sensitivities. Some materials may be acceptable or legal in one country but unacceptable or illegal in another.
• Illegal Items – Content sold through the Thebookpatch Site must adhere to all applicable laws. This includes the sale of content by individuals outside the United States. Some content that may not be sold includes any products that may lead to the production of an illegal item or illegal activity. This includes textual encouragement to commit a crime (books supporting, encouraging or defending rape, pedophilia, incest, or bestiality or books detailing how to commit a sexual crime).
o Nazi Symbols – Your book cannot depict Nazi symbolism as outlined if the content is to be sold in Germany, Austria,
Switzerland, or any other country that restricts Nazi propaganda. If a book violates Strafgesetzbuch section 86a (to be sold in Germany, Austria, Switzerland, or any other country that restricts Nazi propaganda) may result in your entire catalog being suspended.
o {The German Strafgesetzbuch (StGB; English: Criminal Code) in section § 86a outlaws “use of symbols of unconstitutional and terrorist organizations” outside the contexts of “art or science, research or teaching”. The law does not name the individual symbols to be outlawed, and there is no official exhaustive list.}
• Items that Infringe Upon an Individual’s Privacy – Content that infringes upon, or has the potential to infringe upon, an individual’s privacy is prohibited. Additionally, the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.) is prohibited.
• Rights of Publicity – Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unauthorized celebrity images.
• Public Domain and Other Non-Exclusive Content – We may request that you provide proof that your submitted material is actually in the public domain and may choose not to make available for sale a public domain title if the content is undifferentiated or barely differentiated from one or more books already available through our Site or available through other retail sites. Public domain ebooks are not accepted for our Global Distribution service.
Content Retention
Thebookpatch reserves the right to delete the user’s content as defined below at Thebookpatch’s schedule but at durations no sooner as set forth below.
• Quarantined Content – Any content suspended from sale on the Site. Content can be suspended at our sole discretion for any reason. We reserve the right to delete all quarantined content at any time following quarantine or sooner, at our sole discretion.
• Retired Content – Any Content where all project versions have been retired from sale.
o Ebook Policy: All files after 24 months from the time the project was retired may be deleted, except for files from versions that have previously sold.
o Print Book and Calendar Policy: All files after 24 months of the project’s retirement may be deleted.
• Draft Projects – Any content associated with an unpublished project. Content files associated with an unpublished project may be deleted if the draft was created more than 24 months ago and has not been accessed in the last 24 months.
• Previous Versions – Previous versions of any book if the current version is published and available for sale. For previous version files older than 6 months, the following file retention policy will be used:
o Ebook Policy:
▪ All files from any published version with associated sales will be retained.
o Print Book and Calendar Policy:
▪ All files from the currently published version and any
previous version that have sold at least one copy will be
retained.
▪ Files from previously published versions that have not sold may be deleted after 24 months.
• Private Access – All Private Access content may be deleted 24 months after the date of publication or last purchase date, whichever is longer.
4. User Generated Content
The Site may allow users to generate and share content with other users, that is then hosted on the Site. This content (hereafter referred to as User Generated Content) includes but is not limited to: project descriptions, previews and cover text, testimonials, user reviews, user comments, direct transmissions, advice and opinions, and blog posts. Any User-generated content on Thebookpatch must comply with the Terms and any additional rules that may affect users engaging in peer-to-peer interactions.
User-generated content may include messages, statements, and opinions that may be objectionable, whether intentionally or unintentionally, inaccurate, misleading, or deceptive. We neither endorse nor are responsible for user generated content displayed on the Site by users. The opinions expressed within User Generated Content reflect the users’ opinions solely and may not
reflect the opinions of Thebookpatch. We are not responsible for any errors or omissions present in User Generated Content, for hyperlinks embedded in User Generated Content or for any results obtained from using such information. Thebookpatch, any of our affiliates, distributors, partners, licensors, advertisers, or sponsors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives are not liable for any loss or damage caused by your reliance on User Generated Content obtained through the Site. We may, but have no obligation to, monitor User Generated Content displayed, transmitted or otherwise made available on the Site.
Thebookpatch reserves the right, in our sole discretion and at any time, to set limits on the number and size of User Generated Content sent by or received through the Site and/or the amount of storage space available for User Generated Content or for any feature made available through the Site; to remove User Generated Content which is deemed to be, but not limited to, illegal, offensive, does not comply with these Terms, includes personal or private information, contains advertisements, or includes trademark or copyright materials.
5. Purchases
To make a purchase on the Site, you must accept these Terms and supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third-party payment processor must be accurate, current, and complete.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You are responsible for paying any applicable taxes relating to your purchase. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Except at our sole discretion, tax cannot be refunded after the purchase is complete.
Products, pricing, availability of any products and services, images, references, features, content, and specifications, included, but not limited to, paper stock, are subject to change without notice. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your device screen, and we cannot guarantee that your device will accurately display such colors. Including any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. If supply chain shortages impact the paper stock that our subcontractors or suppliers procure, an alternative paper may be substituted to maintain our print and delivery times.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any coupon, discount, or promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
6. Copyright
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you upload content to Thebookpatch you authorize Thebookpatch to act as your agent to issue takedown notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or
displayed on such service provider’s platforms and/or services. You will be responsible for monitoring and enforcing your rights; however, if Thebookpatch becomes aware of infringement in any form, Thebookpatch may, in its sole discretion, elect to issue takedown notices under the DMCA or similar legislation.
If you believe in good faith that content used or displayed on the Site infringes your copyright, you (or your agent) may send Thebookpatch a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address of the complaining party; (e) a statement 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 (f) a statement 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:
Thebookpatch: Email: [email protected]
7. Publishing With Thebookpatch
Published Content (Content) available through Thebookpatch is defined as a product made available for sale. This includes Thebookpatch Bookstore, retail partners engaged in our Global Distribution service, and users publishing with any Thebookpatch App. Content (defined in Section 3) published with
Thebookpatch creates a PDF file for print or an EPUB file for ebook. You retain ownership of this Content and direct how Thebookpatch makes this Content available to consumers.
Where Thebookpatch operates a direct-to-consumer online retail platform, including the Thebookpatch Bookstore and any other retail Apps, listing Content will be at Thebookpatch’s sole discretion.
Thebookpatch reserves the right to distribute published Content in any form of media, including printed media, to promote (a) the author or author’s Work and/or (b) the Thebookpatch service. This Content will be licensed for free, non-commercial use, duplication, and sharing.
Thebookpatch makes no guarantees that your Content will be sold.
You are responsible to any third party for payment of Creator Revenue, commissions, etc. that may be owed to them by you based upon agreements you have made with a third party and/or liabilities you have incurred to third parties. Thebookpatch is only responsible for making a good faith attempt to pay Creator Revenue based on sales data gathered by Thebookpatch and using the Payee information you provide.
Thebookpatch reserves the right to place a hold on any payment or remove Creator Revenue based upon suspicious activity, including but not limited to, potential fraud, copyright infringement, claims by third parties and/or questions regarding rightful ownership of the account, or other violations of these Terms.
8. Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms and/or your access to and use of the Site or any portion thereof at any time and for any reason, including if we believe that you have violated or acted inconsistently
with the letter or spirit of these Terms.
Upon termination of these Terms, your right to access and/or use the Site will immediately cease.
You agree that any termination of your access to or use of the Site may be effected without prior notice and that we may immediately deactivate or delete your password and username, and all related information and files associated
with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any such termination.
9. Promotions
In addition to these Terms, any contests, sweepstakes, surveys, games, or similar promotions (“Promotion” or “Offer”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the Terms set forth herein. You are solely responsible for reviewing and agreeing to any specific rules applicable to a particular Promotion, which will be linked from such Promotion and to review our Privacy Policy that, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
In addition, Promotions are generally subject to the following rules and restrictions, though Thebookpatch reserves the right to amend, update, change, or eliminate these Promotion rules at our sole discretion:
• Each promotional Offer claim code can be used only once. • Limit one Offer per account.
• The Offer must be redeemed at our Site toward purchasing products Thebookpatch sells. If Thebookpatch is not the seller, that fact will be noted.
• The Offer may not be redeemable at any other Website operated by Thebookpatch, its affiliates, or third-party merchants (including Websites linked to or from the Site).
• The Offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
• If the Offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
• If you are ordering items to be shipped to more than one address, a separate order must be created for each address.
• Some offers may not be combined with other Offers in the same order. Generally, only one promotional claim code may be used per order.
• Each Offer is valid for a limited time and expires on the date specified in the Offer.
We reserve the right to modify or cancel the Offer at any time • The Offer’s cash value is 1/100th of one cent USD.
• The Offer is not for resale and is not redeemable for cash.
• The Offer cannot be applied to orders already placed with Thebookpatch.
• In the event that Thebookpatch grants a refund on the order for any reason, you will not receive a refund for the amount of the Offer.
When you redeem an Offer, Thebookpatch can tell that you are part of a select group of customers to whom the promotional code was sent or distributed. For more information about data that Thebookpatch collects, please read our Privacy Policy.
Thebookpatch reserves the right to refuse to pay any Creator Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner Creator Revenue by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to terminate your account and withhold all Creator Revenue payments.
10. Returns
A print-on-demand item is manufactured when the order is received. Due to the nature of the print-on-demand manufacturing process, we do not accept returns on physical products. We may not require that damaged physical
products be returned to us, nor do we guarantee returns will be accepted. Refunds are issued at our sole discretion.
IF YOU RECEIVE A BOOK THAT IS DAMAGED, WE WILL PROVIDE A REPLACEMENT COPY AT OUR SOLE DISCRETION BASED UPON PHOTOGRAPHIC EVIDENCE OF SAID DAMAGE.
Because Thebookpatch provides creator-controlled publishing tools, Thebookpatch cannot and does not accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, factual errors, poor quality images, etc.), the Content’s formatting, design or overall appearance. The creator approves the visual presentation and bears responsibility for its quality. Thebookpatch’s staff does not monitor or check individual Content prior to publication or sale through the Site.
11. Retiring Content, Termination of Membership, and Data and Content Retention Policies
You may choose to retire (remove) your published content from Thebookpatch at any time. Should you do so, the content will not be visible to other users and will not be available for sale at the Thebookpatch Bookstore. Retired Content will be deleted from Thebookpatch’s database after a defined period of time, as set forth in the then-current policies of Thebookpatch.
Retiring Content that is part of our Global Distribution service includes additional stipulations; (a) this process will take several business days before the retailer takes any action, and (b) your Content may still be listed by the retailer and, © while not available for sale, it may continue to be listed and shown as “unavailable,” “out of stock,” or similar by the retailer in perpetuity.
Gross Profit received by Thebookpatch prior to the retailer removing your retired Content will continue to be subject to the Terms and Creator Revenue and shall be paid to you when applicable.
Unpublished (Draft) content can be deleted by you. Deleted draft content is removed from Thebookpatch’s database after a defined period of time, as set forth in the then-current policies of Thebookpatch.
You may terminate your membership by navigating to My Account > Account Settings > Account Management; or by contacting Thebookpatch Support with
a specific request to do so. Your request to terminate will become effective within 30 days after Thebookpatch acknowledges receipt of your request. All terms above regarding retiring or deleting Content continue to be applicable.
Thebookpatch will retain any part of your Personal Data for as long as is reasonably required to fulfill the purposes for which it was collected. Data retained in backups will be removed only as the backups are purged in the normal course of Thebookpatch’s backup procedures.
Your Content will only remain accessible for defined periods of time, depending on the type of Content (quarantined, retired, draft, previous version, private access, years without sales, etc.). This type of Content will be deleted from Thebookpatch’s database after a defined period of time, as set forth in the then-current policies of Thebookpatch.
12. Content Restrictions
If you purchase Content from the Site (including receipt of free Content), you agree to the following restrictions with respect to such acquired Content and the information contained therein:
• You can resell physical copies of Content (printed books) you have purchased;
• You may not resell any other Content or otherwise profit from its use or display;
• Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is permissible only if expressly permitted by the author of the Content and only to the extent so permitted. You agree to abide by any restrictions included with the Content;
• The Content owners who sell Content through Thebookpatch retain ownership of the copyright or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you; and
• You will not remove or obscure any proprietary rights notices contained in or on the Content.
13. Indemnification
You agree to indemnify, defend and hold us, our affiliates, parent companies, subsidiaries, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Content; (c) your activities in connection with the Site (including, without limitation, any and all purchases); and/or (d) any taxes, fees or penalties associated with your receipt of Creator Revenue or the sale of your Content.
You will not do anything to intentionally prejudice the rights granted hereunder, but in the event that you lose any rights or other licenses, consents, or permissions relating to specific Content that is necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third party claim relating to Content which you reasonably deem to be of concern, you will immediately retire or delete such Content from our Site. Notwithstanding the foregoing, you will use commercially reasonable efforts to maintain the rights to the Content that you provide to us under this Agreement. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of Content under this Section. For the avoidance of doubt, nothing in this paragraph is intended to relieve you of your indemnification obligation above.
14. Disclaimer of Warranties
THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEBOOKPATCH AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS,
LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THEBOOKPATCH AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER
REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. 14. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THEBOOKPATCH NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND MAXIMUM LIABILITY OF THEBOOKPATCH ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE $100.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THEBOOKPATCH DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE ADVICE AND PROHIBITS THE USE OF ANY COMMUNICATION OR INFORMATION FROM THEBOOKPATCH THAT YOU USE FOR SUCH PURPOSES EXCEPT FOR TAX STATEMENTS ISSUED BY THEBOOKPATCH IN THE ORDINARY COURSE OF BUSINESS.
15. Intellectual Property
Thebookpatch is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the licensors of such Content. Thebookpatch owns the design, format and layout of the Site. The Thebookpatch logos and the names of all Thebookpatch products and/or services as posted on the Site are trademarks and/or service marks or registered trademarks and/or service marks of Thebookpatch. The Site is ©2009 2023 Bookpatch Holdings,LLC. and/or Thebookpatch, LLC. All rights reserved.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, YOU HAVE NO RIGHT TO POST, MAKE AVAILABLE TO OTHERS, OR OTHERWISE DISTRIBUTE IN ANY FORMAT ANY ELECTRONIC MATERIALS DOWNLOADED FROM THE SITE OR ANY DERIVATIVE WORKS OF SUCH MATERIALS.
16. Jurisdictional Issues
The Site is controlled and operated by Thebookpatch in the United States of America, and is not intended to subject Thebookpatch to the laws or jurisdiction of any state, country, or territory other than that of the United States of America. Thebookpatch does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and at our sole discretion.
Thebookpatch makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of United States export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.
17. Miscellaneous
This Agreement shall be construed under and governed by the internal laws of the State of Arizona, without giving effect to any conflict of laws provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona.
By using the Site, you agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Avondale Arizona. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator(s) shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. You and Thebookpatch each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Thebookpatch each waive any right to a jury trial. You or Thebookpatch may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.
Except for delay in payments due, if anything happens that is beyond the reasonable control of either party, then delays will be expected and performance may be excused. Thebookpatch and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner, or joint venturer of the other party for any purpose.
References to businesses in connection with Thebookpatch’s operations refer to organizations with which Thebookpatch has business relationships and does not imply formal legal partnerships.
Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be
deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operated as a waiver of any right or remedy.
This is the entire agreement between you and Thebookpatch relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent.
These Terms may not be modified or amended except with our prior written consent.
Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: [email protected]
18. Beta Services
From time to time, (a) we may invite you to try products or features related to our Site that are not generally available to all of our Users or the public or (b) we may release products or features related to our Site that are identified as
beta, preview, pilot, limited release, or by a similar designation (collectively, “Beta Services”). Beta Services may be provided for evaluation or testing purposes, and, therefore, may contain bugs or errors, and may not be as reliable as other features of the Site. Beta Services may be provided at a pricing not generally available to all of our Users or the public, which is subject to change at our sole discretion. We may discontinue Beta Services at any time in our sole discretion, and we may decide not to make Beta Services generally available. For the avoidance of doubt, Beta Services are a part of
the Site, and, therefore, are subject to the terms of this Agreement, including, without limitation, Sections 17 and 18.