Summary of Terms
My Ebook Maker is provided as a AS IS on-demand service.
You DO NOT assign any publishing and distribution rights to My Ebook Maker by using the service.
You have the freedom to create whatever you wish within My Ebook Maker that does not break any laws. You accept full responsibility for the legal complaince of the material you produce using My Ebook Maker.
You agree not to create books that are morally indefensible, that condone harm to minors and/or that incite hatred towards others on the grounds of race, sex, religion, sexual preference or political views.
Purely optional - You agree to promote My Ebook Maker and link to the website www.myebookmaker.com so that others can benefit from the service.
1. Your Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the myebookmaker.com domain name, the "My Ebook Maker Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) My Ebook Maker's privacy notice, found at http://www.myebookmaker.com/privacy.php and incorporated here by reference. If you do not agree to any of these terms, or the My Ebook Maker privacy notice, please do not use the My Ebook Maker Website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.myebookmaker.com/terms.php). My Ebook Maker may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits or restrict your rights to licensing or copyright of your content. My Ebook Maker takes authors rights very seriously and provides the site as an on-demand service with no assignment of rights to your content. The only right My Ebook Maker requires from you is to store and deliver your content so the service can be provided to you.
2. Use By Children
Use of should be with parental consent and children should be supervised by an adult when using the website.
3. My Ebook Maker Website
These Terms of Service apply to all users of the My Ebook Maker Website.
The My Ebook Maker Website may contain links to third party websites that are not owned or controlled by My Ebook Maker. My Ebook Maker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, My Ebook Maker will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve My Ebook Maker from any and all liability arising from your use of any third-party website.
4. My Ebook Maker Accounts
In order to access some features of the Website, you will have to create a My Ebook Maker account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
My Ebook Maker will not be liable for your losses caused by any unauthorized use of your account. You agree that your email address registered on myebookmaker.com can be used for marketing purposes by myebookmaker.com.
5. General Use of the Website—Permissions and Restrictions
My Ebook Maker hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, without prior written authorization from the copyright holder.
You agree not to alter or modify any part of the Website or any of its related technologies.
You agree not to try and use the Website, for any commercial use listed below, without the prior written authorization of My Ebook Maker. Prohibited commercial uses include any of the following actions taken without My Ebook Maker's express approval:
sale of access to the Website on another website;
use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the My Ebook Maker servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, My Ebook Maker grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. My Ebook Maker reserves the right to revoke these exceptions either generally or in specific cases.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
My Ebook Maker reserves the right to discontinue any aspect of the My Ebook Maker Website at any time.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the My Ebook Maker Website.
The content on the My Ebook Maker Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to My Ebook Maker, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. My Ebook Maker reserves all rights not expressly granted in and to the Website and the Content.
You may access your User Submissions for your information and personal use solely as intended through the provided functionality of the My Ebook Maker Website.
7. Your User Submissions and Conduct
As a My Ebook Maker account holder you may submit book content ("User Books"), image content ("User Images") and textual content ("User Comments"). User Books, User Images, and User Comments are collectively referred to as "User Submissions."
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize My Ebook Maker to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
My Ebook Maker does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and My Ebook Maker expressly disclaims any and all liability in connection with User Submissions. My Ebook Maker does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and My Ebook Maker will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. My Ebook Maker reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
My Ebook Maker will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
My Ebook Maker reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. My Ebook Maker may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act/ UK Copyright Law
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the United States Digital Millennium Copyright Act ("DMCA") or UK Copyright Law by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United Kingdom court service, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, My Ebook Maker may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at My Ebook Maker's sole discretion.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MY EBOOK MAKER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MY EBOOK MAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MY EBOOK MAKER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MY EBOOK MAKER WEBSITE. MY EBOOK MAKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY EBOOK MAKER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND My Ebook Maker WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL MY EBOOK MAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MY EBOOK MAKER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MY EBOOK MAKERr SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by My Ebook Maker from its facilities in the United Kingdom. My Ebook Maker makes no representations that the My Ebook Maker Website is appropriate or available for use in other locations. Those who access or use the My Ebook Maker Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless My Ebook Maker, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the My Ebook Maker Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the My Ebook Maker Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental, legal guardian, or teacher consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Ebook Maker without restriction.
You agree that: (i) the My Ebook Maker Website shall be deemed solely based in the United Kingdom; and (ii) the My Ebook Maker Website shall be deemed a passive website that does not give rise to personal jurisdiction over My Ebook Maker, either specific or general, in jurisdictions other than United Kingdom. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and My Ebook Maker that arises in whole or in part from your use of the My Ebook Maker Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Notice at http://www.myebookmaker.com/privacy.php and any other legal notices published by My Ebook Maker on the Website, shall constitute the entire agreement between you and My Ebook Maker concerning the My Ebook Maker Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and My Ebook Maker's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. My Ebook Maker reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the My Ebook Maker Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.