THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SUBMITTING ANY CONTENT THROUGH THE PROGRAM FOR INCLUSION ON THIS WEBSITE OR ANY OF ITS CONTENTS OR SOFTWARE. BY SUBMITTING ANY CONTENT FOR INCLUSION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO IT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, THEN YOU MUST NOT SUBMIT ANY CONTENT THROUGH THE PROGRAM FOR INCLUSION ON THIS WEBSITE OR ANY OF ITS CONTENTS OR SOFTWARE.
This agreement (the "Agreement") governs your participation in All You Can Book’s (AYCB) self-publication and distribution program ("Program") and your distribution of digital content ("Content") on https://www.allyoucanbooks.com ("Website") through its Program. By submitting Content through the Program for inclusion on AYCB's website, you signify that you acknowledge and agree to this binding Agreement. If you are entering to this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to this Agreement. In addition, when using the Website and the products, software, and services sold and provided by AYCB, you will be subject to any other posted terms of use, guidelines, or rules applicable to the Website and such products, software, or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. AYCB reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portions of these Terms of Use at any time without notice. Please check these terms periodically for changes. Your continued participation in the Program after the posting of changes to this Agreement means you agree to abide by this Agreement as revised.
By submitting Content through the Program for inclusion on AYCB’s website, you hereby grant AYCB a worldwide, perpetual, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate and distribute such Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed, for any purpose that AYCB chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. You grant AYCB and its affiliates and sublicensees the right to use your name and likeness in connection with advertisements, promotion, and distribution of the Contents and Website. You further grant users of the Website and the products, software, and services sold and provided by AYCB, a limited, royalty-free, perpetual, nonexclusive license to download the Contents to any memory device, including but not limited to hard drives, thumb drives, personal computers, book readers, and mobile devices for purposes of reading or otherwise consuming the Content.
Subject to the authorizations you grant to AYCB under this Agreement, you retain all ownership rights in and to the copyrights and all other rights and interest in and to the Content.
By submitting Content through the Program for inclusion on AYCB’s website, you represent and warrant that:
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold AYCB, its officers, directors, employees, affiliates, subcontractors, and assigns harmless from and against any loss, claim, liability, damage, action, or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties, or obligations set forth in this Agreement. AYCB will be entitled, at AYCB's expense, to participate in the defense and settlement of the claim or action with counsel of its own choosing.
5.1.1 Delivery. You must provide AYCB, at your own expense, the Content you desire to distribute through the Program. AYCB will not return to you any electronic files or media you deliver to use in connection with the program. You must deliver all electronic files free and clear of viruses, worms, and other potentially harmful or disrupting code.
5.1.2 Content Rejection and Removal. AYCB reserves the right, in its sole discretion and without prior notice, to:
5.1.3 Content Withdrawal. AYCB may host and publish the Content on its Website unless and until you provide written notice to AYCB of your desire to remove the Content from AYCB's Website. Written notice must be provided to AYCB via email at info@allyoucanbooks.com. The notice must include the following information:
Upon receipt of proper written notice, AYCB will remove the requested Content from its Website within 21 days. All rights to Content downloaded by AYCB's users prior to receipt of proper written notice will survive and AYCB will not and cannot remove Content downloaded by AYCB's users on any memory device.
AYCB, ITS AFFILIATES, AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL IN NO WAY BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT OR USE OF THE PROGRAM OR WEBSITE, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF ANY THEORY OF LIABILITY. IN NO EVENT SHALL AYCB, ITS AFFILIATES, AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYERS, OR AGENTS BE LIABLE TO YOU FOR AN DIRECT, INDIRECT, INCIDENTAL SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
The failure of AYCB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without regard to choice of law rules. You agree that any action at law or in equity arising out of or relating to this Agreement, your participation in the Program, or use of the Website, software, products, or services offered by AYCB, shall be filed only in the U.S. District Court for the Northern District of Texas, or the state district courts of Dallas County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and AYCB regarding its subject matter, and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding, unless authorized by AYCB in writing or as provided above. Any express waiver or failure to exercise any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AYCB as a result of this Agreement, your participation in the Program, or your access to or use of the Website, or the products or services offered by AYCB in connection with the Website.
We at All You Can Books, LLC (AYCB) recognize the importance of protecting your personal information and are committed to safeguarding your privacy online. Because AYCB understands that you are concerned about privacy, we have instituted policies and security measures intended to ensure that your personal information is handled in a safe and responsible manner. We also post this privacy policy so that you can agree to the kind of information we collect, how it is handled, and with whom it may be shared. Please read this privacy statement carefully. Our privacy policy covers the collection and use of certain information that may be collected by AYCB anytime you interact with AYCB, such as when you purchase a AYCB product or contact a technical support or sales associate.
BY ACCESSING OR USING THIS AYCB WEBSITE, YOU AGREE TO THE TERMS OF THIS AYCB PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THIS SITE.
The information we collect is used primarily to process orders. We never offer, sell, rent, or otherwise make available any user-provided information to third parties. You will never have to worry about receiving unsolicited email from third parties after ordering from us.
To help ensure your privacy, we use the most up-to-date encryption technology to keep your personal information secure. Click the VeriSign and McAfee Secure icons on website to verify.
Collection of Personal Information
When you engage in certain activities on this site, such as placing order, signing up for trial, downloading content, or obtaining technical support, AYCB may ask you to provide certain information by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, AYCB may require that you provide certain personal information, such as your name, title, company, mailing or billing or shipping address, e-mail address, phone number and other personal identifying information. In addition, when placing an order on the site, you may be asked to provide credit card or other payment information which we may keep or store on our servers.
Security
When you submit sensitive information via the AYCB website, your information is protected both online and off-line. Where personal or sensitive information is required, the AYCB website uses Secure Sockets Layer (SSL) encryption - the highest level of encryption available - to transmit this data. All information will be encrypted upon submission. This is done to prevent the loss, misuse or alteration of the information you have submitted. While AYCB strives to protect the personal information you submit to us, no data transmission over the Internet is 100% secure. Therefore, AYCB cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. Once your information has been received by AYCB, we will make our best effort to ensure its safety and security on our systems. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. At times, AYCB may hire other companies to provide limited services on our behalf. These companies will only be provided the information they need to perform the service, and they are strictly prohibited from using that information for any other purpose.
Finally, while we will make every effort to preserve the privacy of our users, at times we may be required by law to disclose personal information. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order, or legal process.
Data Collection
AYCB collects limited non-personally identifying information that your browser makes available when you visit our website. This log information includes but not limited to your Internet Protocol address, software and hardware attributes, your page history and in some cases, one or more cookies that may uniquely identify your browser. We use this information to operate, develop and improve our services.
Cookies
To enhance your experience with our site, some of our web pages use cookies. Cookies are small text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie. We use cookies to understand site usage and to improve the content and offerings on our site. You can choose, with your browser, to not accept cookies. However, if you choose not to accept cookies, you may not be able to view all areas of our website.
Changes to this Privacy Statement
As we continue to develop our website and take advantage of technologies to improve the service we provide, this policy may change. If this policy does change, we will post the changes here. In addition, if we materially change any of our practices related to the collection and use of personal information, we will either notify users via e-mail or by posting notice on our website. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy and how we are protecting the personal information we collect.
Questions
If you have any questions about this privacy statement, the practices of this site, or AYCB's adherence to this privacy statement, you can contact AYCB at info@allyoucanbooks.com.