Terms of Use

Effective Date: February 2010

1. INTRODUCTION

Welcome to Makingbookssing.org, the official site of the Making Books Sing, Inc. (“MBS”). MBS and any and all entities that control, are controlled by, or are affiliated with MBS are collectively referred to herein as “we,” “us” or “our.”

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING MAKINGBOOKSSING.ORG. Your use of Makingbookssing.org signifies your agreement to these terms of use and our privacy policy. If you do not agree to these terms of use and the privacy policy, you may not use Makingbookssing.org.

2. USE OF MATERIALS

We or our licensors own all content and materials on Makingbookssing.org, including, without limitation, all trademarks, service marks, trade names, trade dress and copyrights. Makingbookssing.org is for your personal, non-commercial use only. You may not use Makingbookssing.org for commercial purposes or in any way that is unlawful or harms us or any other person or entity, in each case as determined in our sole discretion.

3. SUBMISSIONS

Please do not send us any content or materials, including, without limitation, text, photographs, or audiovisual works (“Submissions”). If you submit, email, or otherwise send us Submissions, you grant us and our licensees an irrevocable, non-exclusive, perpetual, transferable, worldwide, royalty free license to use such Submissions, in whole or in part, in any channel or medium, now or hereafter developed, for any and all purposes, without further attribution, notice or payment to you. You represent and warrant that you have the right to grant us the rights and licenses set forth in this Section 4. You hereby release MBS from and waive, all claims, damages, losses and liabilities resulting from the use of such Submissions, including, without limitation, any claims for defamation, moral rights or violation of your rights of privacy or publicity.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

4. RULES

You agree not to:

  1. use any incomplete, false or inaccurate biographical information or other information when submitting information to Makingbookssing.org;
  2. harvest, collect, or send information about others, including e-mail addresses, through Makingbookssing.org;
  3. take any action that imposes an unreasonable or disproportionately large load on Makingbookssing.org’s infrastructure;
  4. use any device, software or routine to interfere or attempt to interfere with the proper working of Makingbookssing.org or any activity being conducted on Makingbookssing.org;
  5. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Makingbookssing.org to harvest or otherwise collect information from Makingbookssing.org to be used for any commercial purpose; or
  6. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Makingbookssing.org.

You further agree not to violate or attempt to violate the security of Makingbookssing.org, including, without limitation:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" Makingbookssing.org;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the security of Makingbookssing.org or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. We may change Makingbookssing.org or delete content or features in any way, at any time and for any reason or no reason.

5. PRIVACY POLICY

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the privacy policy , a copy of which you should review by clicking here . You, in turn, agree and consent to the terms of the privacy policy by your use of Makingbookssing.org.

6. VIOLATIONS

Please report any violations of this terms of use to webmaster@ makingbookssing.org.

7. COMPLIANCE WITH LAW

We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using Makingbookssing.org in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such use and turn all or any related records or materials over to law enforcement officials.

8. CONTENT LINKED TO MAKINGBOOKSSING.ORG

Makingbookssing.org may contain links to other Web sites. MBS is not responsible in any way for such sites, including for such sites’ content, materials, terms of use, and/or privacy policies. You hereby irrevocably waive any claim against us with respect to such sites, and any information, content and materials you provide to such sites (including, without limitation, credit card and other personal information).

9. SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

Makingbookssing.org is not directed to children and we do not currently knowingly collect any personal information from children under the age of thirteen on Makingbookssing.org. If in the future, we collect personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.

10. DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON MAKINGBOOKSSING.ORG ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT MAKINGBOOKSSING.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MAKINGBOOKSSING.ORG OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY MAKINGBOOKSSING.ORG, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM MAKINGBOOKSSING.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.

11. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, MAKINGBOOKSSING.ORG OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF MAKINGBOOKSSING.ORG OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO MAKINGBOOKSSING.ORG.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN MAKINGBOOKSSING.ORG AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO MAKINGBOOKSSING.ORG IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

14. CHANGES TO THE TERMS OF USE

If we make a material change to this terms of use we will post a notice on Makingbookssing.org. Your use of Makingbookssing.org following any such notice will signify and constitute your assent to and acceptance of such revised terms of use.

15. GENERAL PROVISIONS

Your use of Makingbookssing.org signifies that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO MAKINGBOOKSSING.ORG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.