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Date of Last Modification: May 6, 2011.
1.YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site,you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if chainbooks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, chainbooks may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are fully responsible for all usage and activity on your account, including without limitation use of the account by any third party authorized by you to use your username and password. You may terminate your account at any time by contacting chainbooks at email@example.com.
Your privacy is very important to chainbooks. Please be sure to review chainbooks’
for all details regarding the use of your personal information.
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), please be advised that Postings do not necessarily reflect the views of chainbooks. In no event shall chainbooks assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize chainbooks to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, chainbooks will have the right to use and change the Postings in any manner that chainbooks may determine. Additionally, chainbooks may sweep its blogs and/or message boards periodically in its sole discretion. chainbooks does not allow Postings which contain:• private or personal information which might identify a user
• profanity or obscenities
• personal attacks on other individuals
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that chainbooks deems in its sole discretion to be inappropriate for this Site.
The blogs/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although chainbooks periodically monitors the content posted on this Site, chainbooks cannot be responsible for the views or opinions expressed by third parties. Nonetheless, chainbooks will make every effort to ensure that the blogs/message boards best serve the interests of all users and, therefore, chainbooks reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates the TOU, please send a message to chainbooks. chainbooks cannot guarantee that it will respond to your message and chainbooks reserves the right to take or refrain from taking any or all steps available to us once chainbooks receives any such message.
Chainbooks may offer certain e-commerce services, including the ability to purchase goods and services via the Site (“E-Commerce Services”).
The E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. chainbooks is not responsible and has no liability whatsoever for goods or services you obtain through its third party service providers or other web sites or web pages. chainbooks encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. chainbooks does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against chainbooks and its subsidiaries, affiliates, officers, agents, employees, partners and licensors with respect to such sites. chainbooks is not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on a chainbooks.com web page. chainbooks cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider, as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider.chainbooks does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply chainbooks’ endorsement of such products. chainbooks and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
You agree to indemnify and hold chainbooks, and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Postings you submit, post, transmit or otherwise make available via the Site, your use of the Site, your connection to the Site, your violation of the TOU, or your violation of any rights of another.
6.SUSPENSION OF SITE
chainbooks reserves the right at any time and from time to time to discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that chainbooks shall not be liable to you or to any third party for any suspension or discontinuance of the Site.
You agree that chainbooks may terminate your access to or use of the Site, in whole or in part, for violations of the TOU and/or requests by authorized law enforcement or other government agencies.
The Site may provide, or third parties may provide, links to external web sites or resources. Because chainbooks has no control over such sites and resources, you acknowledge and agree that chainbooks is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that chainbooks 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 site or resource. Any concerns regarding any external web site should be directed to its respective administrator, system operator, or web master.
The name “chainbooks” and the works and elements comprising this Site are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable trademark, copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.
10.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHAINBOOKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CHAINBOOKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE and (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHAINBOOKS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
11.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHAINBOOKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.
12.NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
chainbooks respects the copyright of others, and chainbooks asks its users to do the same. chainbooks may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site’s Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Agent for notice of claims of copyright infringement can be reached as follows:
Aaron G. Spencer
C/O Williams Mullen
PO Box 19764, Raleigh, NC 27619
By fax: 919-981-4300
By email: firstname.lastname@example.org
The TOU constitutes the entire agreement between you and chainbooks and governs your use of the Site, superseding any prior agreements between you and chainbooks with respect to the Site.
14.CHOICE OF LAW AND FORUM
The TOU and the relationship between you and chainbooks shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and chainbooks agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Jefferson County, Tennessee, or in the federal judicial district embracing said County. [arbitration clause]
15.WAIVER AND SEVERABILITY OF TERMS
The failure of chainbooks to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect.
16.ACCESS OUTSIDE THE UNITED STATES
If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws. The Site is not available through chainbooks to any person located or organized in, controlled by or who is a national of Cuba, Iran, North Korea, Syria, Sudan or any other country with respect to which the U.S. has enacted trade embargoes or any other entity on the U.S. Treasury Department’s list of “Specially Designated Nationals and Blocked Persons” (a “Restricted Entity”). You represent and warrant that you are not a Restricted Entity and you are not using the Site for the benefit of a Restricted Entity.
This Policy applies to chainbooks.com (the “Site”), which is operated by chainbooks and is hosted in the United States. This Policy does not apply to entities or web sites that chainbooks does not own or control, such as advertisers and their web sites. By using or accessing the Site, you agree to the privacy practices outlined in this Policy.
chainbooks reserves the right, at its sole discretion, to change, modify or otherwise alter this Policy at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Policy periodically. Your continued use of the Site following the posting of changes will constitute your acceptance of the revised Policy.
Date of Last Modification: May 6, 2011.
COLLECTION OF INFORMATION
When you register with chainbooks via the Site, you may be asked to provide chainbooks with certain PII, including your name and e-mail address, gender, and birth date. chainbooks may also collect certain non-PII, including your IP address and your hardware and/or software configuration.
chainbooks does not knowingly collect PII from children under 13 years of age. If you are under 13 years of age, please do not attempt to register with chainbooks via the Site, or provide any personal information about yourself to chainbooks. If chainbooks learns that it has collected PII from a child under 13 years of age, chainbooks will delete this information immediately. If you believe that chainbooks may have received any PII from a child under 13 years of age, please contact chainbooks’ privacy team via email at email@example.com.
chainbooks is committed to complying fully with the Children's Online Privacy Protection Act of 1998 (“COPPA”), and urges children to check with their parents before entering information on any web site. chainbooks further urges parents to discuss, with their children, restrictions regarding the online release of personal information to anyone they don't know.
USE AND DISCLOSURE OF INFORMATION
In the event that all or substantially all of the assets relating to chainbooks are transferred or sold to another entity, PII submitted to us may be transferred to the acquiring entity.
chainbooks may offer certain e-commerce services, including the ability to purchase goods and services via the Site (“E-Commerce Services”). The E-Commerce Services utilize third party service providers, who may collect personal information about you and share such information with us. All purchases made through these third party service providers are subject to their respective terms and conditions of use. chainbooks encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. chainbooks does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party.
In the event that all or substantially all of the assets relating to chainbooks are transferred or sold to another entity, PII we received from third party service providers may be transferred to the acquiring entity.
Most browsers are set to accept cookies by default. In many browsers, you can choose to delete, disable, turn off or reject cookies and other tracking technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. Additional information on deleting, disabling, rejecting or turning off cookies may be available through your browser’s support feature. Please consult the 'Help' section of your browser for more information.
For information about Flash cookies and how to remove them from your computer, please visit http://www.adobe.com/products/flashplayer/articles/lso/.
Please know that certain areas and features of chainbooks may only be accessed in conjunction with cookies or other tracking technologies, and you should be aware that disabling cookies or other tracking technologies might prevent you from accessing some of chainbooks’ content.
chainbooks has taken steps to ensure that PII collected in the future is secure, including limiting the number of people who have physical access to chainbooks’ servers as well as electronic security systems and password protections which guard against unauthorized access.
chainbooks may provides links to other web sites on the Site. These other web sites are governed by their own privacy policies or information collection practices, which may be substantially different from those of chainbooks. We encourage visitors to other web sites to review the privacy policies and information collection practices of those web sites.
U.S. GOVERNING LAW
The Site is designed and targeted to users who reside in the United States and is governed by and operated in accordance with the laws of the United States. chainbooks makes no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our TOU. If you do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Policy.
If you have any questions or concerns about the Policy, you may contact chainbooks’ privacy team via email at firstname.lastname@example.org. You may also contact chainbooks via U.S. mail at P.O. Box 1231, Dandridge, TN 37725. 1-877-397-4779.
ANTI PLAGIARISM POLICY
As chainbooks strives to be a leader in the industry of on-line social publishing, we have placed a great emphasis on protecting the rights of our users, developers, investors, the company itself, as well as the writers in the general public. We pride ourselves in developing and instituting an anti-plagiarism policy with respect to the handling of submissions and the authors involved, as well as the ongoing effort that we implement to uphold our policy. Employees of chainbooks make every effort to accept only original, non-plagiarized literary works for submission onto our site.
We believe that our authors are ethical and would not submit plagiarized works. We are compelled to re-state that any chapters or writings submitted to our site must be completely original works as outlined in Section 1(d) regarding 'Work' and its definition as well as Section 5 regarding 'Representations and Warranties'.
Effective immediately, chainbooks has instituted an anti-plagiarism policy for its website regarding the handling of its submissions and the authors involved. Therefore, we will not allow the use of unapproved manuscripts in part or in whole on our website in any manner. chainbooks employees will use resources at their disposal to check incoming submissions by the use of an approved on-line monitoring program. Should a submission be found to contain words in the same order, as another document, equalling 5% or greater, the document will be hand-checked for plagiarism on the Internet. In certain cases, credit must be given to the manuscripts owners, such as research or related manuals and may not fall into this policy. Should any submission be found to be plagiarized in excess of 5% of the document the author will be notified immediately, the document will be removed and the author informed that subsequent submissions that equal 5% plagiarized or greater will result in immediate action.
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Submissions to chainbooks will remain the sole possession of chainbooks and no royalties, salaries or commissions shall be paid to social writers.