TERMS AND CONDITIONS OF USE
LAST UPDATED: 11/21/2020
YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AS STATED BELOW.
BublishBooks.com, including all of the features and content on its website (“Website”), is a service made available by Bublish, Inc., a South Carolina C-Corporation that works with independent authors to help them write, edit, design, publish and sell their book(s). All content, information, services, text, photographs, videos, audio content, graphics, and software ordered or provided on or through the Website, including but not limited to Seller Content and Website Content (collectively, “Content”) may be accessed or used solely under the following Terms and Conditions of Use which constitutes a legally binding agreement relating to the use of the Website and the services provide therein, including the Content and each Visitor or User (collectively, the “User” or “Customer” or “you”) of the Website including, without limitation, those who purchase products on the Website.
Bublish retains all right, title, and interest in Bublish Books and any third-party products or services used or displayed on the Website or in collateral materials (the “Website Content”).
Seller Content may not be used, modified, reproduce, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by User for any purpose except facilitated by the Seller Website’s functionalities or without express prior written consent of Bublish Books.
Additionally, while using the Seller’s Website, a User may not:
- Use the Website or Website content for any purpose in violation of applicable local, state, federal, or international law or regulation;
- Abuse, harass, defame, threaten, or otherwise violate the legal rights of the Website, the Website’s parent company, or Users;
- Upload or transmit, or attempt to do so, through the Website, any information or data that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other software that may damage or infiltrate the operation of the Website or any User’s computer;
- Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website;
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
- Use the Website to collect User Data;
- Adapt, alter, license, sublicense, or translate the Website or Content for personal or commercial use;
- Hack or interfere with the daily operation of the Website, its servers, or any connected networks;
- Impersonate another User or knowingly allow any other User to use your identification or account to utilize the Website under false pretenses;
- Imply endorsement by Bublish Books or any User on the Website without prior written consent by Bublish Books or such User;
- Remove or alter any copyrights, trademarks, or proprietary mars and rights owned by Bookshop or any third-party licensor/owner thereof;
- Use the Website in any manner that is false or misleading;
- Transfer, distribute, use, or dispose of the Website, Website Content in any manner that could compete with the business of Bublish Books;
- Remove, circumvent, alter, deactivate, or degrade any content protections on the Website;
- Cause or compel any User to engage in the restricted activities above.
Any unauthorized or allegedly illegal use of the Seller’s Website or Content, as stated above or otherwise, will automatically terminate Users access to the Website and may result in Bublish Books taking appropriate legal action.
In order to make a purchase of Merchandise on the Website, a Customer may be required to establish an Account (“Account”). Customers shall pay all fees and charges incurred through their Account, including all applicable taxes and shipping costs. The Customer shall be solely responsible for payment for purchases made through their Account.
Users agree to create only one (1) unique Account and be the sole authorized user of that Account. Information such as name, email address, phone number, profile name, physical address, login password, etc. (collectively, “Registration Data”). User agrees that all Registration Data provided to Bublish Books will be, and remain at all times, true, accurate, current, and complete. From time to time, Bublish Books may modify or add Registration Data fields. In order for a User’s Account to stay in good standing on the Website, Users agree to promptly complete any such additional or modified Registration Data fields when requested by Bublish Books.
Bublish Books has the right to use User Registration Data in connection with servicing and operating the Website. Users agree to (i) restrict access to the Account Password or other Login Information that is part of User’s Registration Data, (ii) not knowingly use the name or email of any other person without authorization to create an Account on the Website, (iii) prevent any third-party to use Account Login Information or other User Registration Data, (iv) notify Bublish Books of any breach of security promptly by sending an email to: email@example.com. Individual Users are liable for all activities that occur under their Account. Bublish Books is not responsible for any Losses as a result of a third-parties using your Account, Registration Data, with or without your knowledge.
The cost to ship Merchandise that a Customer purchases through the Website is calculated on a per-order basis and is based on the shipping option the Customer selects at the time of purchase. Bublish Books will ship the Merchandise to the address designated by the Customer so long as such address is complete and complies with the shipping restrictions contained on the Website. All transactions are made pursuant to a shipping contract. As a result, risk of Merchandise loss passes to the Customer upon delivery of the Merchandise to the carrier.
Customers are eligible for a full refund of the purchase price, including original shipping costs, if the return is the result of an error on the part of Bublish Books. If you receive the incorrect book or if it arrives damaged, you will also be refunded return shipping equal to the original charge. To receive a refund, you must fill out a return form and return your item directly to Bublish Books within 30 days of the estimated delivery date and in the same condition you received it in. Return shipping is calculated as equal to original shipping cost and when refundable, is added to the refund upon return receipt of the book by the seller. Return shipping labels are not provided.
You are also eligible for a full refund of the purchase price, including shipping costs, if your book arrives more than two weeks after your Estimated Delivery Date. If we provide tracking information that indicates the book has arrived, the refund request is void.
In cases where the book is returned because it is ‘not as described,’ a Customer decides they do not want the book, or is dissatisfied for any other reason, refunds are at the discretion of Bublish Books. If we dispute your request, the terms or your refund may be negotiated.
Your refund will be processed to your credit card once Bublish Books receives the returned book. We recommend that you use a trackable method of shipment to return your book. If the returned book does not arrive and tracking is not provided, the refund will be cancelled. Once a return/refund request has been cancelled, you cannot submit another return/refund request for the same book.
From time to time, Bublish Books may offer certain promotional opportunities, contests or sweepstakes to Customers. All such promotions are run at the sole discretion of Bublish Books and can be activated modified, or removed at any time by Bublish Books without advance notification.
Advertisers on Website
The Website may contain Advertising and Sponsored Content from third parties. Third parties are responsible for ensuring that all material submitted for inclusion on the Website is accurate and complies with all applicable laws. Bookshop is not responsible, either legally or otherwise, for the errors or inaccuracies or omissions in Advertising or Sponsored Content.
Representations and Warranties
The Website is available only to individuals who are eighteen (18) or older or to individuals between the ages of thirteen (13) and eighteen (18) who have permission from their parent or guardian to use the Website. By accessing and using the Website, you represent and warrant that you are at least eighteen (18) years old or have permission from a parent or guardian to use the Website.
Bublish Books does not warrant that access to the Website will be uninterrupted or that the Website will be error free. Nor do we make any warranty as to the timeliness, accuracy, reliability, completeness of any content, information or materials provided through or in connection with use of the Website. Additionally, Bublish Books does not warrant that the Website is free from viruses, worms, trojan horses, or other harmful components. Bublish Books also does not guarantee that any personal information supplied by the Customer will not be misappropriated, intercepted, deleted, destroyed or used by others.
Disclaimer of Warranties and Limitations on Remedies and Liability
As the Customer, you acknowledge and agree that Bublish Books is only willing to provide the Website if you agree to certain limitations of liability. Therefore, you agree not to hold Bublish Books and any of their past, present, and future parent, subsidiary, or affiliate companies or any of their respective past, present or future officers, directors, stockholders, members, managers, partners, employees, contractors, affiliates, content partners, vendors, third-party licensors, distributors, advertisers, or other contracting parties liable.
THEREFORE, YOU AGREE NOT TO HOLD BUBLISH BOOKS AND/OR ANY OF THEIR PAST, PRESENT, AND FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD-PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, EGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “CLAIMS”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKOWN, RELATING TO YOUR OR ANY OTHER CUSTOMER’S LOSSES, INCLUDING AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE.
BUBLISH BOOKS, OUR AFFILIATES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OR MISAPPROPRIATED ACCOUNT INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE, OUR AFFILIATES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, WE, OUR AFFILIATES, AGENTS AND PARTNERS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
UPON A REQUEST BY BUBLISH BOOKS, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE FROM A BREACH OF THIS AGREEMENT, YOUR CONTENT OR SUBSCRIBER CONTENT OR USE OF THE SERVICE FOR WHICH YOU ARE RESPONSIBLE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT MATTER.
WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
General Legal Terms
You agree that all agreements and transactions between you and us, and between you and our Partners, will be done electronically. You agree to receive all notices and terms regarding The Website either by (a) an email to you or by (b) posting them on the Website through a form. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
You agree that the laws of the State of South Carolina governs this contract and any claim or dispute that you may have against Bublish Books, without regard to South Carolina’s conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Charleston, South Carolina, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Registrations, agreements, and terms presented by Bublish Books electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications from Bublish Books electronically. The delivery of any communication from Bublish Books is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Website.
The Website is controlled and operated from our service provider’s facilities in the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the U.S.
Questions or comments about the Website or Bublish Books’ services or these Terms of Us should be sent by email to firstname.lastname@example.org, or via mail to the below address:
1007 Johnnie Dodds Blvd., Suite 126
Mount Pleasant, SC 29464