Terms of Service
BAM! Publish Terms and ConditionsBy logging on to the BAM! Publish website, registering, or using any of BAM! Publish’s products or services (collectively the "BAM! Publish Services"), you agree to the following terms and conditions (the "Terms of Service" or “TOS”), and any privacy policies, usage guidelines or other policies and any amendments thereto, all of which are incorporated herein by reference. The most current version of these Terms of Service is available at http://www.bampublish.com/terms.html.
I. REGISTRATIONIn consideration of your use of the BAM!! Publish Services, you represent and warrant that you are eighteen (18) years of age, or older or you are the parent or legal guardian of a prospective user who is between the ages of 13 and 18 years old and you have the legal right and capacity to enter into these Terms of Service. By registering you agree to accept the terms and conditions of these Terms of Service. You further agree to provide and maintain all information required by the BAM! Publish registration form (the "Registration Data") in true, accurate and complete form. In the event any Registration Data is not true, accurate and complete you agree that BAM! Publish has the right to suspend or terminate your account and refuse any and all use of the BAM! Publish Services. You are solely responsible for maintaining the confidentiality of your account password, and all activities that occur within your account. You agree to immediately notify BAM! Publish of any security breach, unauthorized use of your password or account and further agree that you will not hold BAM! Publish liable for any loss or damage arising from your failure to maintain the security of your password.
II. USER CONDUCTYou understand and agree that all information, data, text, photographs, graphics, messages or other materials ("User Content") are the sole responsibility of the person from which such User Content originated, which means that you, and not BAM! Publish, are entirely responsible for your conduct and all User Content that you upload, post, email, transmit or otherwise make available via the BAM! Publish website. As computers and other equipment can be subject to occasional malfunction, you agree that you will not hold BAM! Publish liable for any inadvertent damage to, corruption of or destruction of any User Content. If any User Content is transmitted to BAM! Publish and is damaged, lost or corrupted in any way, BAM! Publish shall have no obligation or liability to you. BAM! Publish does not control the User Content posted via the BAM! Publish website and, as such, does not guarantee the accuracy, integrity or quality of such User Content. BAM! Publish reserves the right, but has no obligation, to review, delete, modify or move any User Content available via BAM! Publish Services, and to notify the proper governmental authorities as provided by law. You understand that by using BAM! Publish Services you may be exposed to User Content that you deem to be offensive, indecent or objectionable, and that you use BAM! Publish Services at your own risk. You agree that you will not engage in any activity that interferes with or disrupts the BAM! Publish website, its services, servers or networks connected to BAM! Publish Services.
III. DISTRIBUTION RIGHTS AND CREATOR REVENUE AGREEMENTSWhen you publish your User Content using BAM! Publish Services, BAM! Publish may, at your sole direction, make your published User Content (the “Property”) available for distribution through various retail and online sales channels. As part of BAM! Publish's publishing process, you may be presented with an opportunity to place certain territorial or other limitation on the distribution of your Property. Subject to these restrictions, if any, you grant BAM! Publish the non-exclusive right to distribute your Property worldwide via these various sales channels. You may assign the ownership of the Property and the right to receive creator revenue payments to a different party by completing all of the following: providing payment to us for all Services selected, providing BAM! Publish with the new party’s TIN and W-9 or other applicable documentation (see above), providing the new party’s agreement to these Terms and Conditions in their entirety, and by obtaining the prior written approval of BAM! Publish. This approval may be withheld by BAM! Publish at its sole discretion for any reason. In the event that BAM! Publish consents to the assignment of payments, you and such transferee shall jointly and severally reimburse, indemnify, and hold harmless BAM! Publish for any tax liability, penalty, interest or fee imposed by any federal, state or local taxing authority, for any reason in connection with the assignment of any such payment pursuant to this section. In such event, you and such transferee shall execute such indemnification or other agreements as may be requested by BAM! Publish. You acknowledge that all applicable payments to BAM! Publish must be made prior to commencement of the selected BAM! Publish Services. All payments made by you to BAM! Publish are non-refundable, except as may be specifically provided otherwise in these Terms of Service.
IV. THIRD PARTY WEBSITESBAM! Publish Services may provide or contain links to third party websites over which BAM! Publish has no control, and you agree that BAM! Publish does not endorse and is not liable or responsible for any content, services or other materials available on any third party website.
V. COPYRIGHTS AND INTELECTUAL PROPERTYYou acknowledge that you are the author of the Property, and are the present and sole owner of all rights, titles, copyrights and interests in and to the Property. You further acknowledge that you have the exclusive, unconditional right and authority to submit and/or convey the Property to the BAM! Publish website upon the terms and conditions set forth herein. You acknowledge that all copyrights and other property rights in and to the User Content you publish through BAM! Publish Services are either (i) owned by you; (ii) in the public domain; or (iii) have been licensed to you pursuant to the terms of a written license agreement on terms that confer on you sufficient right, title and interest in the Property to permit you to reproduce and authorize its reproduction and distribution in print and/or digital form, including but not limited to the sale of copies of the Property. You hereby release BAM! Publish and its affiliates for any and all claims, liabilities and demands that may be made by you asserting that any of them have misused or misappropriated the Property, or any portion thereof. You acknowledge that it is your responsibility to copyright or register the Property and hereby release BAM! Publish and its respective affiliates from any claims that arise from your failure to do so.
VI. PROHIBITED USESYou agree to not use BAM! Publish Services to upload, post, email, transmit or otherwise make available any User Content, or take any action that is unlawful, intentionally or unintentionally violates any applicable local, state, national or international law, infringes on the rights of a third party, is harmful to minors in any manner, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or collect or store personal data about other users. You also agree not to interfere with the operation of the site via the use of viruses, programs or technology designed to disrupt or damage hardware or software, remove or attempt to remove any copyright, trademark, service mark or any other proprietary rights notifications contained in any materials you access or copy via the site, misrepresent yourself or represent yourself as another user on the site.
VIII. BAM! PUBLISH'S RIGHTSYou understand and agree that User Content contains proprietary and confidential information that is protected by applicable intellectual property (copyrights, trademarks, service marks, patents or other proprietary rights) and other laws and treaties. Except as expressly authorized by BAM! Publish and the duly authorized third party rights holders, you agree not to violate any laws, rules, regulations or proprietary rights of any third party to the User Content and BAM! Publish Services.
IX. YOUR RIGHTSBAM! Publish claims no ownership or control over any User Content submitted, posted or displayed by you on or through BAM! Publish Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through BAM! Publish Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through BAM! Publish Services which are intended to be available to the members of the public, you grant BAM! Publish a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such User Content on the BAM! Publish website for the purpose of displaying, distributing and promoting BAM! Publish Services. You represent and warrant that you have all necessary rights and licenses to grant the license herein to any User Content submitted on the BAM! Publish website.
X. MODIFICATIONS TO SERVICEBAM! Publish reserves the right, without liability to you or any third party, to modify or discontinue, at any time, its site and any associated BAM! Publish Services, or portion thereof, without notice.
XI. COPYRIGHT INFRINGEMENTBAM! Publish respects the intellectual property of others. BAM! Publish may, in certain circumstances, disable or terminate the accounts of users who may be repeat infringers. If you are a copyright owner or an agent of a copyright owner and believe that any User Content or other content on the BAM! Publish site unlawfully infringes upon your rights, then please provide our agent with the following information: 1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is to be covered by a single notification, a representative list of such works at that site. 3. A description of the material that is claimed to be infringing in a manner that is reasonably sufficient enough to permit us to locate the material. 4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number or an electronic mail address. 5. A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law. 6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. All of the above must be provided for notification to be effective to BAM! Publish. Our Copyright Agent for notice of claims or copyright infringement on its website can be contacted as follows: BAM! Publish Books-A-Million, Inc. 402 Industrial Lane Birmingham, AL 35211 By email: support@Bampublish.com
XII. TERMINATIONYou may discontinue your use of the BAM! Publish Services at any time, by providing BAM! Publish with thirty (30) day advance notice. You agree that BAM! Publish may at any time and for any reason, including non-payment of fees, terminate your access to BAM! Publish Services, and suspend or terminate your account. In the event of any such termination, your account will be disabled and you will not be granted further access to the BAM! Publish Services, including without limitation any User Content, files or other data and content contained in your account. If the termination is for non-payment of fees, BAM! Publish will allow you access to your User Content, files or other data and content contained in your account upon payment of all amounts owed to BAM! Publish. These Terms of Service shall survive any termination of your account.
XIII. INDEMNITYYou agree to indemnify and hold harmless BAM! Publish and its subsidiaries, affiliates, Officers, Directors and Employees from any claim or demand, including costs, expenses and reasonable attorneys' fees, arising from your use of the BAM! Publish site and services, or pertaining to any User Content you make available through the BAM! Publish website, or any violation by you of these Terms of Service, or your violation of any rights of a third party, including but not limited to claims of disparagement, libel, slander and/or any intellectual property claims.
XIV. NO COMMERCIAL REUSE OF BAM! PUBLISH SERVICESYou agree not to modify, copy, sell, license or otherwise exploit for any commercial purposes, any portion of the BAM! Publish Services.
XV. LIMITATION OF LIABILITYIN NO EVENT SHALL BAM! PUBLISH BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAM! PUBLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHICH RESULT FROM ALL CAUSES, INCLUDING WITHOUT LIMITATION: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE BAM! PUBLISH SERVICES; (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (IV) ACTIONS BY ANY THIRD PARTY ON THE BAM! PUBLISH WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE BAM! PUBLISH SERVICES.
XVI. DISCLAIMER OF WARRANTYBAM! Publish disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. BAM! Publish does not warrant that its site; information or User Content or services made available through the site, its servers or any e-mail sent from BAM! Publish are free of viruses or other potentially harmful components. BAM! Publish shall not be responsible for anything that may happen beyond its reasonable control (e.g. wars, sabotage, acts of God, etc.) and BAM! Publish shall not be liable for any damages or costs resulting from such events. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF BAM! PUBLISH SERVICES IS AT YOUR SOLE RISK, AND ANY CONTENT OBTAINED THROUGH THE BAM! PUBLISH WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS THERE FROM. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, BAM! PUBLISH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAM! PUBLISH AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO BAM! PUBLISH SERVICES AND THE BAM! PUBLISH WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, AND NOT BY WAY OF LIMITATION, BAM! PUBLISH DISCLAIMS ANY WARRANTY THAT THE (I) BAM! PUBLISH SERVICES OR THE BAM! PUBLISH WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, (II) BAM! PUBLISH SERVICES WILL BE TIMELY, SECURE, OR MEET YOUR REQUIREMENTS, (III) QUALITY OF THE BAM! PUBLISH PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. BAM! PUBLISH AND PARTNERS DO NOT WARRANT THAT (I) BAM! PUBLISH SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BAM! PUBLISH SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BAM! PUBLISH SERVICES WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE BAM! PUBLISH SERVICES WILL BE CORRECTED. NO STATEMENTS, EITHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
XVII. EXCLUSIONS AND LIMITATIONSNOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
XVIII. NO THIRD PARTY BENEFICIARIESYou agree there are no third party beneficiaries to these Terms of Service.
XIX. NOTICEYou agree that BAM! Publish may provide you with commercial and legal notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the BAM! Publish website. You may contact BAM! Publish at firstname.lastname@example.org.
XX. ENTIRE AGREEMENTThese Terms of Service constitute the entire agreement between you and BAM! Publish and governs your use of the BAM! Publish Services, superseding any prior agreements or earlier version of these Terms of Service between you and BAM! Publish.
XXI. CHOICE OF LAW AND FORUMYou hereby agree that these Terms of Service and all matters between the parties shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions and that any and all claims, causes of action or dispute arising therefrom shall be brought exclusively in the State or Federal Courts located in the county of Jefferson, Alabama, and you hereby agree to submit to the personal jurisdiction of said courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to these Terms of Service.
XXII. WAIVER AND SEVERABILITY OF TERMSThe failure of BAM! Publish to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
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