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WELCOME TO SHAREDBOOK!SharedBook Inc. and its related companies (collectively referred to as "SharedBook", "we" or "our") create and/or operate SharedBook Sites and Web logs ("blogs"), including sharedbook.com, PeoplesAnnotated.com, inscribeit.com, gbs.sharedbook.com, blog2print.com, blog.sharedbook.com, sharedbook.typepad.com, shareddoc.com and such other websites and blogs as may be created and/or operated by SharedBook at any time and from time to time (the "SharedBook Sites"), on various topics and in various formats that generate content from text that may at times be supplied by third-party affiliates ("Clients"). Certain of the SharedBook Sites: (i) enable users to post and embed User Content (as defined below) and/or (ii) generate online communities to provide forums for safe discussion as well as collaboration with others, in some instances with a view toward the production of personalized products (e.g., books, pdfs, etc.) (all products and services provided by SharedBook through the SharedBookSites being referred to collectively as "Products and Services"). As used in this User Agreement, "user", "you" or "your" means the person or entity using and or purchasing the Products and Services as subject to this User Agreement.
CODE OF CONDUCT
SharedBook values freedom of expression on its SharedBook Sites, but not at the expense of others. While you are on one of our SharedBook sites, you agree NOT to:
REGISTRATION, YOUR ACCOUNT, PASSWORD AND SECURITY
Registration to the SharedBook Sites is free. To register on any of the SharedBook Sites, you must be 13 years or older.You represent that you are a person who can form a legally binding contract and that the information that you provide about yourself at registration and at check out ("Your Information") is true, accurate, current and complete. You also agree to maintain and promptly update Your Information, especially your email address, since that is the primary way in which we communicate with you about your account and your orders. We cannot guarantee any User's identity given the difficulty of online user verification.
By registering with SharedBook, you will be able to use the same account ID and password to access all the SharedBook Sites, other than privately-hosted SharedBook Sites to which you have not been invited by the host. You will also be able to access Your Information from "My Account" on any of the SharedBook sites to which you have access. The scope of the Products and Services may vary from one SharedBook Site to another.
Your account is available solely for personal, non-commercial use.
You are responsible for maintaining the confidentiality of Your Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to notify SharedBook of any unauthorized use of your account or password.
You acknowledge, consent and agree that SharedBook may access, preserve, and disclose Your Information and User Content, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SharedBook, its users and the public.
You understand that you, and not SharedBook, are solely responsible for all User Content that you upload and post onto the SharedBook Sites. SharedBook does not review or control the User Content posted on our SharedBook Sites and, as such, does not guarantee the accuracy, integrity or quality and assumes no responsibility for the nature of any such User Content, whether yours or that of another User. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any such User Content. Under no circumstances will SharedBook be liable in any way for any User Content, for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted on our SharedBook Sites.
SharedBook and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, reject, or move any User Content that is posted onto our SharedBook Sites that violates this User Agreement or is otherwise objectionable (including any User Content linked to and/or associated with the objectionable User Content) or to correct any errors or omissions in any User Content posted on our SharedBook Sites.
Certain SharedBook Sites, in particular blog sites and sites affiliated with third-party Clients, may not remain live or accessible indefinitely. SharedBook reserves the right, in its absolute discretion, to close any SharedBook Sites, communities, book making spaces or other environments ("Spaces") with notice to registrants who have posted User Content to such Spaces. Without limiting the previous sentence, it is SharedBook's policy to close down any Space in which there has not been, for one year, any activity, such as posting, editing, invitations, etc.
You may post your User Content on public and/or private Spaces of SharedBook Sites, as well as create one or more private Spaces in which you can share your User Content with invited guests ("Private Community"). If you are an invited guest, you have the ability to post User Content to a Private Community and to order your own personalized Products from User Content posted within that Private Community, but you will not be able to invite others to a Private Community that you have been invited to. Only a host can invite others to join. Any User Content posted within a Private Community cannot be transferred to any other public and/or private environment, including other Private Communities. If you create and host a Private Community, you control who has access to that Private Community and how long that Private Community exists.
SHAREDBOOK LICENSE TO USER CONTENT
With respect to any User Content posted by or in connection with the Products and Services, you grant SharedBook and its affiliates and sub-licensees a nonexclusive, royalty free, perpetual, irrevocable and fully sub-licensable right and license (the "Sharedbook User Content License") to use, reproduce, modify, adapt, publish, translate, transmit, publicly display, create compilations including, create derivative works of, and distribute such User Content throughout the world but only in connection with SharedBook's marketing, use and operation of the SharedBook Sites. Such Sharedbook User Content License shall apply with respect to any form, format, media, or technology now known or later developed.
SHAREDBOOK'S PROPRIETARY RIGHTS
You acknowledge and agree that the Products and Services and any necessary software used in connection with the Products and Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property (copyright, trademark, patent, etc.) and other proprietary rights and laws. SharedBook's proprietary rights are outlined in greater detail below. Except as expressly authorized by SharedBook, you acknowledge and agree that you have no proprietary rights in or to the SharedBook Sites or the Products and Services, except with regard to your User Content as set forth herein. Without limiting the foregoing, you may not create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Subject to the Sharedbook User Content License described above, User Content that you post on our SharedBook Sites shall remain your property and you shall retain the copyrights that you originally owned to such User Content.
All content that is other than User Content, including without limitation all text, graphics, logos, button icons, images, audio clips, digital downloads, data and software displayed or otherwise used or located on, within or in connection with the SharedBook Sites, including all arrangement and compilation, is the property of SharedBook or its third party content suppliers and is protected by United States and international copyright laws.
SharedBook respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SharedBook with the written notice that includes all of the information specified below.
Please send this information to SharedBook's Copyright Agent at the following street address:
Please note that we cannot take any action until we have collected all of the information specified above. Please note that this procedure is exclusively for notifying SharedBook that your copyrighted material has been infringed. Please use the contact information at the end of this agreement for all other communications with SharedBook.
SHAREDBOOK, SHAREDBOOK.COM, SHAREDBOOK INC, SHAREDBOOK LTD, SHAREDBOOK LIMITED, SOCIALLY DRIVEN ECOMMERCE, CONNECT AND REMEMBER, THE PEOPLE'S ANNOTATED, MADE ANY GOOD BOOKS LATELY?, WORD OF SITE, and all other marks, graphics, logos, page headers, button icons, scripts, and service names indicated on our SharedBook Sites are protected servicemarks and trademarks/tradedress (collectively, the "Marks") of SharedBook or its Clients (other than where such marks are specifically indicated as being owned by a third party). . The Marks may not be used by any User for any purpose whatsoever, except as expressly permitted by SharedBook in connection with its Products and Services.. All other trademarks not owned by SharedBook or its Clients that appear on our SharedBook Sites are the property of their respective owners as indicated .
One or more patents apply to the SharedBook Sites and to the Products and Services and are protected by U.S. Patent laws and all corresponding foreign counterparts.
USER LICENSE AND SITE ACCESS
SharedBook grants you a limited, personal, non-transferable and non-exclusive right and license to access and use our SharedBook Sites, and where so permitted on the SharedBook Sites, to upload, post and annotate your User Content, and/or personalize Products and Services that we offer. Such right does not include: (1) the right to download (other than page caching) or to modify the features or Products and Services of the SharedBook Sites, or any portion thereof, except with express written consent of SharedBook; or (2) any non-authorized derivative use of the SharedBook Sites or its contents; or (3) any downloading or copying of account information for the benefit of another merchant; or (4) any use of data mining, robots, or similar data gathering and extraction tools; or (5) any reproduction, duplication, copying, sale, resale, or other exploitation for any commercial purpose of our SharedBook Sites or contents thereof and/or of any of the Products and Services offered for sale on our SharedBook Sites, except that nothing herein shall restrict any use, sale or resale for any purpose whatsoever of your User Content or any Product that is comprised exclusively of your User Content provided such use, sale or resale will not infringe on the proprietary rights of any third party. You agree not to access the Products and Services by any means other than through our Clients or the interface that is provided by SharedBook for use in accessing the Products and Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SharedBook and our Clients without express written consent of SharedBook and/or our Clients. You may not use any meta tags or any other "hidden text" utilizing SharedBook's or our Client's name or trademarks without the express written consent of SharedBook and/or our Clients. Any unauthorized use terminates the permission or license granted herein by SharedBook.
SharedBook and its affiliates attempt to be as accurate as possible in the description of products available directly or through links (including embedded products within content) on the SharedBook Sites. However, SharedBook does not warrant that product descriptions or other content of our SharedBook Sites is accurate, complete, reliable, current, or error-free. Please review our Terms and Conditions of Sale, which is incorporated into this agreement by reference, for Products purchased directly from the SharedBook Sites. Products purchased through links (including embedded products in the text and content of our applicable SharedBook Sites) are being sold by our Clients or third-parties under their respective terms and conditions of sale.
DEALINGS WITH CLIENTS AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, our Clients and advertisers found on the SharedBook Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client or advertiser. You agree that SharedBook shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or participation or as the result of the presence of such advertisers on the SharedBook Sites or Products.
SharedBook or third parties may provide links to other web sites or resources. Because SharedBook has no control over such web sites and resources, you acknowledge and agree that SharedBook is not responsible for the availability of such external web sites or resources, and neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that SharedBook shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
MODIFICATIONS TO PRODUCTS AND SERVICES
SharedBook reserves the right at any time and from time to time to modify, remove or discontinue, temporarily or permanently, the SharedBook Sites, any portion thereof, or any Products and Services (or any part thereof) with or without notice. Such action may, in some instances, result in the permanent deletion of associated User Content. You agree that SharedBook shall not be liable to you or to any third party for any modification, suspension or discontinuance of SharedBook Sites, Products and Services, nor for the removal of any User Content.
You agree that SharedBook may, under certain circumstances and without prior notice, immediately terminate your SharedBook account and access to the Products and Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements, policy or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Products and Services (or any part thereof), and (e) unexpected technical or security issues or problems. Termination of your SharedBook account includes (i) removal of access to the SharedBook Sites, (ii) deletion of your password and all related information, files and User Content associated with or inside your account (or any part thereof), and (iii) barring further use of the SharedBook Sites and access to Products and Services if termination is conducted as a result of either (a) or (b) above. Further, you agree that all terminations shall be made in SharedBook's sole discretion and that SharedBook shall not be liable to you or any third-party for any termination of your account and/or access to the Products and Services. The sections on Disclaimer of Warranties and Limitation of Liability, Indemnity and Applicable Law and Disputes will survive the termination of this User Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SHAREDBOOK SITES ARE PROVIDED BY SHAREDBOOK ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHAREDBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SHAREDBOOK SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OUR SHAREDBOOK SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SHAREDBOOK SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHAREDBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAREDBOOK DOES NOT WARRANT THAT OUR SHAREDBOOK SITE, ITS SERVERS, OR E-MAIL SENT FROM SHAREDBOOK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHAREDBOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SHAREDBOOK SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SHAREDBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCTS AND SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
REPRESENTATIONS AND INDEMNIFICATION
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that such User Content is accurate; that use of such User Content you supply does not violate this User Agreement and will not cause injury to any person or entity. You agree to indemnify and hold SharedBook, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post or make available on our SharedBook Sites, your use of the Products and Services, your violation of the User Agreement, or your violation of any rights of another.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement.
The User Agreement constitutes the entire agreement between you and SharedBook and governs your use of the SharedBook Sites, and the Products and Services, superseding any prior agreements between you and SharedBook. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other affiliate services or third-party content.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your membership account is non-transferable and any rights to your account or contents within your account terminate upon your death.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SharedBook Sites and Products and Services and/or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By visiting SharedBook, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and SharedBook or its affiliates. Any disputes that are not subject to arbitration will be adjudicated by a court of competent jurisdiction located in New York County, New York.
Any dispute relating in any way to your visit to SharedBook or to Products and Services must be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate SharedBook's intellectual property rights, SharedBook may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered and conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If either party files an action contrary to this section, the other party may recover attorney's fees, provided that the party seeking the award has notified the other party in writing of the improperly filed claim and the other party has failed to withdraw the claim within 15 days.
If any of the conditions of this User Agreement and the policies, rules and guidelines incorporated by reference shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit SharedBook or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you consent to receive communications from SharedBook electronically. We will communicate with you by e-mail or by posting notices on our SharedBook Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Last Modified on January 28, 2010