Term and conditions

Preamble

Following are the General Terms and Conditions (the “Terms”) applicable to all users of the EBFinder.com website, irrespective of whether you are an author, reader or otherwise use the EBFinder.com website. Please also carefully read our Privacy Policy, which is incorporated into these terms by reference. It provides you with important information regarding the data we collect and how we process and use it.

If you upload a book or other work that can be purchased through EBFinder, you will also have to enter into an author agreement. The author agreement will be entered into at the time you choose your various options regarding how and in what form your book will be published, either as an eBook, as a print-on-demand book or both.

You should read these Terms, the privacy policy and also the author agreement carefully, if you upload a book for sale. Please take your time reading and understanding these documents. It is important for you and EBFinder that there are no misunderstandings. For legal reasons, EBFinder must put certain conditions on our dealings with both users and authors and these conditions are contained in the Terms, the privacy policy and the author agreement. If you do not want to be bound by these Terms, you should not register or use the EBFinder website. The same applies if you are not in agreement with the privacy policy or the author agreement.

After completing your registration, the system will automatically confirm your registration by sending a confirmation e-mail to the e-mail address you specify during registration. This confirmation is created automatically and contains a link allowing you to activate your EBFinder account. We hope you will enjoy EBFinder!

Having made the statements above, the clauses set out below apply:

GENERAL TERMS AND CONDITIONS

Definitions In case the terms which are displayed in bold below are used within these Terms (including the Preamble), such terms have the meaning respectively ascribed to such terms below:

Access Data

username and the respectively valid password;

Account

the personal domain created by the User which enables the User to log in on EBFinder, to upload, to make available to Third Parties and/or to publish Content;

Code of Conduct

the rules which have been designed by EBFinder in order to promote regardful and amicable contact among Users;

Content(s)

information, text, pictures, graphics and/or other data regardless of their form (for example text, picture, sound) and function (for example books, comments, statements made within groups);

Terms

these general terms and conditions;

EBFinder

EBFinder  as well as any of its subsidiaries and/or affiliates

Reader(s)

any person or legal entity accessing EBFinder or retrieving Content from or under EBFinder without being a Registered User;

Registered User(s)

any person, company, partnership, cooperation, corporation, trust or other legal entity which has completed and sent the electronic registration form on EBFinder;

Third Party

any person, company, partnership, cooperation, corporation, trust or other legal entity which is not a party to the contractual relationship between EBFinder and the User (therefore, the term “Third Party” includes, but is not limited to, other Users);

to upload

to upload, set up and/or save on EBFinder;

Uploading

uploading, setting up and/or saving on EBFinder;

User(s)

Registered User(s) and Reader(s)

1. Scope

1.1. Users accept these Terms by using the EBFinder Service and/or the EBFinder website. These Terms govern the relationship between EBFinder and User and they are binding on both EBFinder and each User. Users who do not agree with these Terms must not use the EBFinder website or the Service. Users should not register with EBFinder if there is any disagreement with these Terms.

1.2. In addition, in case certain particular services are used, with respect to such particular services special rules may apply. If and to the extent special rules apply with respect to a particular service, such special rules will be submitted and/or made available to User prior to the use of the special service.

1.3. Third Parties are neither included nor protected by the contractual relationship between the User and EBFinder unless these Terms explicitly provide otherwise.

2. Registration, Provision of Personal Data; Access Data

2.1. The User represents and warrants that all information provided during the registration process is true and complete. The User shall, as necessary, update all data provided during registration when such data changes. Users are prohibited from using false identities, aliases or the identity of any Third Party or to use a User Name or Password belonging to any other person. At its sole discretion, EBFinder has the right to verify all registration data, itself or through any agent, third party or otherwise, to assure the truthfulness of the registration data.

2.2. The User may change his or her password at any time. The User shall maintain all Access Data in strict confidentiality and shall take all reasonable steps to keep the Access Data secret. In cases where a User knows or suspects that Access Data has been compromised, the User shall immediately inform EBFinder by email.

2.3. Users shall maintain no more than one account. In case EBFinder suspends or cancels an account in accordance with these Terms, the User is not permitted to open a new account.

2.4. These Terms do not provide for if and to what extent Third Parties are permitted to read, alter and/or use Content uploaded, revised, made available and/or published on or via EBFinder by the User. EBooks which the User has created on and/or uploaded to EBFinder may be saved on EBFinder pursuant to these Terms only and may be made available to Third Parties on EBFinder or via EBFinder through the embedding code provided in “My Books” (“Promotion Tools”) and on the “Book Detail Page”.

2.5. These Terms apply to all uses of the EBFinder website and Service, irrespective of whether such use requires a user to be logged into an account or whether the use is of functions on the EBFinder website that do not require registration or login.

3. Availability

3.1. Users have no implied right to use the Service or EBFinder website. EBFinder reserves the right to delete or hide Content uploaded by a User at any time at EBFinder’s sole discretion. In addition, the terms of the author agreement apply to all Content that has been uploaded by a User for sale through EBFinder.

3.2. EBFinder does not warrant or guarantee that the EBFinder website and/or the Service shall be available without interruption. EBFinder MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE EBFinder WEBSITE SHALL AT ALL TIMES OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET THE USERS’ EXPECTATIONS OR PURPOSES. EBFinder may in its discretion modify any of the features, availability, operation and/or format of the EBFinder website and EBFinder is under no obligations to give notice of such modifications to the Users.

3.3. EBFinder, at its sole discretions, may remove any and all materials and/or Content that EBFinder considers inappropriate, illegal, offensive, potentially or actually harmful or which in any manner negatively affects the operations of the EBFinder website or Service. EBFinder may, at its sole discretion, remove Content and/or ban Users who violate any policy of EBFinder or these Terms. EBFinder shall have no liability with respect to any damages, delays, deletions, transmission failures or other errors that occur during any communications between the User and EBFinder or between the User and Third Parties.

3.4. Neither the deletion nor the blocking of Content nor the temporary or final closing down of EBFinder gives rise to any claims of the User against EBFinder.

4. Content and Scope of Rights

4.1. The User has full responsibility for any information, data, graphics, text and other Content which the User uploads, revises or communicates, publishes and/or makes otherwise available over or discloses via EBFinder to Third Parties. EBFinder neither controls such information, text, data, graphics and other Content nor does EBFinder adopt them as its own.

4.2. The User hereby expressly represents and warrants that the User has the right to upload and/or revise any Content uploaded and/or revised by the User and that such uploading and/or revision does not violate the rights of Third Parties.

4.3. EBFinder expects that all Users treat each other in a respectful and friendly way. To this end EBFinder has drafted the Code of Conduct which all Users must comply with. In case a User violates the EBFinder Code, EBFinder has the right, at its sole discretion, to cancel such User’s account and terminate the relationship, including termination of the author agreement, if any. Such termination shall not require prior notice and shall result in the deletion of the User’s account as well as all Content uploaded by the User.

4.4. The User agrees not to use the EBFinder website or the Service to:

  • upload, post or otherwise transmit any      Content that may, pursuant to the federal and state laws of the United      States of America be considered unlawful, pornographic, obscene,      threatening, harassing, tortious, defamatory, libelous, an invasion of      privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post or otherwise transmit any      Content that may, pursuant to the federal and state laws of the United      States of America be considered harmful to minors
  • disseminate “spam;”
  • interfere with the operation of the EBFinder      website in any manner, including without limitation through the use of      viruses, Trojan horses, worms or any other programs or technology designed      to disrupt or damage software or hardware;
  • harvest e-mail addresses or other User      information or to monitor the activity on the Site through any      technological device, including without limitation the use of robots,      crawlers and/or spiders; or
  • impersonate or spoof any other User or Third      Party or any entity

4.5. In addition to complying with these Terms, Users shall assure that they will adhere to all local and national laws that pertain to their location.

4.6. The User agrees and acknowledges that any illegal uploading, revising, publication and/or communication of information, data, graphics and/or other Content in violation of these Terms may give rise to obligations of the User to pay damages or to other obligations of the User and may also constitute a criminal offence and/or other breach of the law.

4.7. If the User violates any of its obligations/duties arising from these Terms and/or other rights of EBFinder, EBFinder reserves the right of enforcement against the User. This applies, in particular, in case eBooks which have been formatted by means of the web-application available on EBFinder or other information, graphics, data or other Content which has been processed or formatted by means of such web-application are used for industrial or commercial purposes or published on systems, servers or other media other than EBFinder or made available to Third Parties for industrial or commercial use or publication on systems, servers or other media other than EBFinder, if such Content is used and/or published in the form/shape created by means of such web-application.

4.8. In case the User, in spite of a warning, repeatedly and/or continuously violates the Code of Conduct, EBFinder has the right to terminate the contractual relationship between EBFinder and the User with immediate effect. In this case, the termination of the contractual relationship can be effected by the deletion of the Account of the User and the Content uploaded on EBFinder by the User, without any further pre-announcement being required.

4.9. Users are hereby advised that the uploading of illegal and/or prohibited Content may expose the User to civil and criminal liability. The User hereby agrees to hold harmless and indemnify EBFinder, its affiliates, undertakings affiliated with EBFinder, the shareholders of EBFinder, the managing directors and holders of commercial power of EBFinder and any other employees, agents, directors and/or shareholders of EBFinder against any and all claims and demands raised by Third Parties based on or in connection with Content which the User has uploaded, revised, made available to Third Parties and/or published on or via EBFinder or arising from any conduct or lack of conduct of a User, including without limitation reasonable attorneys fees, court costs and other expenditures incurred by EBFinder in the defense of any such claims.

4.10. If and to the extent that the User processes and/or revises Content which has been uploaded on EBFinder, the User hereby explicitly warrants that the User has the right to process and/or revise such Content in the way processed and/or revised by the User. Moreover, the User hereby explicitly warrants that the processing and/or revision of Content does not result in such Content violating the rights of Third Parties and the User represents and warrants that such Content complies with the standards provided for in Section 10 below.

4.11. Users are solely responsible for creating backup copy of their Content on appropriate storage media.

4.12. By uploading Content, Users provide EBFinder with certain rights concerning such Content, including a worldwide, non-exclusive license to publish the Content on the EBFinder website and to publicize and distribute such Content in the format used by EBFinder to provide its Services. In particular but without limitation, EBFinder has the following rights:

  • to make copies of and store the Content in      the form of digital books on one or more servers as well as to reformat, convert,      encode and otherwise create derivative works of the Content for the      purpose of producing digital books;
  • to display, perform, market, transmit and      otherwise make available the Content or portions thereof on the EBFinder      website for other Users or interested Third Parties;
  • to download, copy, print and or make the      Content available online or offline, including for use on portable      electronic devices;
  • to display any logos or graphics in the form      provided by the User;
  • to use, duplicate, adopt for modification, as      considered necessary by EBFinder, any and all metadata provided by the      User in connection with the uploading of Content;
  • to transmit, duplicate and otherwise use (or      cause others to reformat, transmit, duplicate or otherwise use) digital      books through technical means and processes for the purpose of enabling EBFinder      to carry out any function it is entitled to pursuant to the foregoing      described rights, including but not limited to caching of data in order to      facilitate its display on any electronic device.

4.13. Except as provided for in any author agreement entered into between a User and EBFinder, Users shall have no right to compensation for the use of Content uploaded by a User.

4.14. Any User who uploads any work of authorship (hereafter “Work”) created by the User to the EBFinder website has the opportunity, subject to availability, to also position such Work with Third Party partners of EBFinder who offer free publication services (such as, without limitation, “Google Books”). To the extent a User wishes to take advantage of such an opportunity by choosing such option on the Service, the following provisions apply:

  • EBFinder acts solely as a (technical)      facilitator between the User and the Third Party partner so that the User      can easily position the Work with the Third Party partner. The User is      free to use or not use such opportunities. Users are free to position      their Works with Third Party partners through the EBFinder website or by      themselves directly.
  • EBFinder makes not warranty, express or      implied, with respect to any services provided by Third Parties, even if      such Third Party is a Third Party partner of EBFinder.
  • EBFinder shall have no liability for any      violations of the User’s rights (including without limitation copyrights)      by or through the facilities of a Third Party partner or its agents.
  • The User grants to EBFinder the right to      sublicense all rights EBFinder hold pursuant to Section 5.12 hereof or as      otherwise provided for herein to any and all Third Party partners or EBFinder.      This right to sublicense shall include, without limitation, the right to      authorize Third Party partners to post excerpts or Works on their      respective websites.
  • EBFinder has the right, without prior notice,      to cancel any Third Party partner arrangements and the ability to use the EBFinder      website to position Works on Third Party partner websites.

5. Further Undertakings of the User

The User shall comply with the prohibitions set out below and to omit any conduct which would constitute a breach of any of such prohibitions:

  • The User shall not copy, change, rent, lease,      license or alter the web-application available on EBFinder for the creation      of eBooks and/or any other software available on EBFinder or to produce or      use versions of such web-application and/or software which have been      altered, changed or interfered with.
  • It is strictly prohibited to gain access to      the Service other than via the interface provided for by EBFinder.
  • The uploading, processing, revising and/or      publishing of commercial advertisements by the User is prohibited,      regardless of where (e.g. eBooks, Accounts, groups, panels) or how (e.g.      banners, targeting, mailings) placed.
  • The User shall not falsify header or      otherwise manipulate distinctive marks in or to disguise the origin of      Content which has been or uploaded on EBFinder or which has been made      available to Third Parties or published on or via EBFinder.
  • The placement of links to other websites for      industrial and/or commercial purposes is strictly prohibited.
  • The User shall not publish or to make      available to Third Parties eBooks or other information, graphics, data or      Content which have been produced/created by the web-application and/or      other software made available on EBFinder in the way formed/shaped by the      web-application and/or software available on EBFinder on systems, servers      or media other than on or via EBFinder.
  • The User shall comply with the prohibitions      set out below and to omit any conduct which would constitute a breach of      any of such prohibitions.

6. Advertisements; Targeting; Newsletter

6.1. The User hereby explicitly approves that EBFinder may install or cause to be installed third-party advertisements on the profile-sites of the User and next to the eBooks created, set up, processed, and/or published by the User.

6.2. EBFinder mails electronic newsletters at regular intervals. Such newsletters may contain commercial advertisements. In case the User orders such newsletter, the User hereby approves and explicitly wishes that such newsletters are mailed to her or him in regular intervals. The User can cancel the newsletter at any time by using the electronic button provided for that purpose on EBFinder.

6.3. The User agrees that EBFinder may, in accordance with and pursuant to the EBFinder Privacy Policy, processes and exploit the personal data of the User in order to submit to the User certain offers and/or commercial advertisements which are tailored to the personal interests of the User (“targeting”), unless the User has opted out of receiving such targeted offers and/or advertisements.

6.4. EBFinder and the administrators employed by EBFinder have the right to temporarily or permanently block, delete and/or make invisible Content which has been uploaded and/or revised by the User on EBFinder in violation of these Terms.

6.5. EBFinder has the right and explicitly reserves the right to review, block and/or delete communication, data or other Content which has been uploaded, revised, published and/or conveyed by the User on or via EBFinder on violation of these Terms or the Code of Conduct.

6.6. EBFinder, the administrators employed by EBFinder and/or any third party employed by EBFinder for that purpose have the right to review and control at any time any Content which has been uploaded and/or revised on EBFinder by the User.

 

8. Limitation of Liability

8.1. IN NO EVENT SHALL EBFinder OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, THIRD-PARTY LICENSORS, LICENSEES AND CONTENT PROVIDERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE EBFinder WEBSITE, CONTENT ON OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF EBFinder OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER AGREES THAT THE LIABILITY OF EBFinder, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY TYPE OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY MANNER CONNECTED WITH ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE EBFinder SITE SHALL NOT EXCEED THE AMOUNT A USER HAS PAID TO EBFinder IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION BROUGHT UNDER THESE TERMS MUST BE COMMENCED NO LATER THAN WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.

8.2. The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of EBFinder, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against EBFinder in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.

9. Prohibited Use of the Service

9.1. Any industrial and/or commercial use of EBFinder by the User without the explicit prior written consent of EBFinder is prohibited. This applies in particular to the incorporation, placement or installing of commercial advertisements in the eBooks and profile sites created by the User on EBFinder. To inquire about using the EBFinder site and/or Service for commercial purposes, contact EBFinder at [support-en@EBFinder.com].

9.2. EBooks which have been created on EBFinder and/or any information, graphics, data or other Content processed on EBFinder, may be published or otherwise disclosed to Third Parties only on or via EBFinder and in the format created via processing on EBFinder. If saved on systems, servers or media other than EBFinder, eBooks and/or information, graphics, data or other Content processed on EBFinder may only be published and/or made available to Third Parties via the embedding-code provided for on the respective book-information-page.

9.3. The User hereby expressly undertakes not to rent, resell, redistribute, license, sublicense, assign, delegate, or otherwise transfer (“exploit”) the web-application and/or software provided for on EBFinder except to the extent expressly permitted by these Terms. The User shall not use or exploit the web-application and/or software provided for on EBFinder for industrial and/or other commercial purposes or to make such web-application and/or software available to Third Parties for industrial and/or other commercial purposes. The User undertakes to use the web-application and/or software provided for on EBFinder only in the form and only in the manner and for the purpose for which such web-application and/or software is made available to the User on EBFinder. In particular, the User shall not make any alterations or other changes to the web-application and/or software provided for on EBFinder.

9.4. The User shall not use the web-application for the creation of eBooks and/or any other software available on EBFinder for industrial and/or commercial purposes. The scope of this prohibition covers, inter alia, the distribution of the access to or sharing of EBFinder for remuneration and activities aiming to obtain a consideration which are based on the use of the web-application and/or software available on EBFinder.

9.5. It is prohibited to disturb any technical process on EBFinder or to interrupt or otherwise interfere with the regular channels of a communication on or via EBFinder. Any form of electronic attack, including without limitation any denial-of-service attacks, on EBFinder is strictly prohibited. Without limitation, the following shall be deemed to constitute an electronic attack as contemplated by this Section 0: the breaking or attempt to break security-barriers on EBFinder; the use of programs or software to sort or peek data (for example the use of crawlers, spiders or bots), the uploading, saving, setting up and/or spreading of or infecting of EBFinder with viruses, worms, Trojans, and/or the use of links, programs or other operations which are capable of causing damage to EBFinder, the EBFinder website and/or Third Parties and/or so-called “brute force attacks.

10. Copyright Infringement Claims

Any party claiming that any content on the EBFinder website infringes their copyright may file a claim pursuant to the DMCA Notice procedure provided for on the EBFinder website.

11. Termination; Deletion of Content

11.1. The User may delete the User’s Account at any time. In such case, all data, graphics or other Content which has been uploaded on EBFinder by the User will be deleted.

11.2. EBFinder has the right to terminate the contractual relationship with the User with immediate effect by deleting, making invisible or blocking the Account of the User in case the User breaches her or his obligations arising from these Terms in a way rendering further use of EBFinder by the User unacceptable for EBFinder for any reason at the sole discretion of EBFinder, if EBFinder considers that the further use of EBFinder by a User is not in the best interest of EBFinder or for any violation of these Terms or the Code of Conduct. All data, graphics or other Content which has been uploaded on EBFinder by the User will be deleted in such cases.

11.3. EBFinder has the right to block, delete and/or make invisible the Account of the User and the Content which has been uploaded and/or revised on EBFinder by the User as well as any declarations or other communication of the User in case EBFinder has unsuccessfully warned the User of any violation of these Terms and/or the Code of Conduct. In the event there is an unsuccessful warning (i) in case the User continues conduct which is contrary to the User’s obligations in spite of a warning, (ii) the User further breaches these Terms or the Code of Conduct and/or any other duties and obligations arising from these Terms and/or (iii) a situation which has been caused by the User and which is contrary to the User’s duties and obligations hereunder and/or otherwise illegal continues.

11.4. All warnings will be given via e-mail to the e-mail-address stated by the User at registration.

11.5. Regardless of the preceding sections EBFinder has, at any time, the right to cease operating EBFinder and/or the EBFinder website entirely or in part without prior notice. At the same time, the cessation is deemed to constitute the termination of the contractual relationship vis-à-vis the User by EBFinder. Data, graphics or other Content which has been uploaded on EBFinder by the User will be deleted in such case.

12. No Waiver; Severability

The failure of EBFinder to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13. Changes and Amendments; Notice

EBFinder retains the right to change, amend or supplement these Terms at any time. In case EBFinder changes or supplements these Terms, notice thereof will be provided to Users via e-mail. The amended or supplemented version of the Terms shall apply from the date provided in such notification.