TERMS OF USE
for
The Website www.crestbooks.com
Owned and Operated by
Crest Enterprises, LLC
(a Colorado limited liability company)
doing business as Crestbooks
Email:
Contact Us
Description of Services
Through our Website, we provide services (“Services”), in the nature of
a forum for unpublished authors to post their original information,
images, content, materials and work (“Content”) for purchase in an
electronic format (“EBook”), and to receive review and commentary on
their EBook by users. Our Services enable you to publish, and other
people to purchase, digital content in an electronic, online format.
Digital content ("Content") may consist of information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials. A purchaser of an EBook will be able to post a review and
commentary regarding that EBook (“Post(s)”) in accordance with these
Terms of Use. We will provide Services to you, specifically in relation
to your EBook. We gather information about you and your EBook and we
use this information to provide our Services for the period of time for
which you purchase and/or use our Services. The Services we provide to
you are subject to these Terms of Use
Legal Agreement
The terms and conditions set forth in this document apply to all
visitors ("you" or “your”) to Our website ("Website"), and constitute a
binding, legal agreement ("Agreement") between you and us, Crest
Enterprises, LLC, a Colorado limited liability company (“we,” “us” or
"our").
Acceptance of Terms
The services that we provide to you are subject to the following terms
of use ("Terms of Use”) We reserve the right to modify the Terms of Use
at any time, so please review it frequently. If we make material
changes to the Terms of Use, we will notify you here on the Website, or
by the contact information you provide to us.
Please read the information below carefully. By using the Website, you
accept the terms and conditions described below, and you warrant and
represent that you have the legal capacity to enter into this
Agreement. Your use of any of the services constitutes acceptance of
these terms and creates a binding legal agreement. Without limiting the
foregoing, you must accept these terms by checking the box below if you
wish to use any of our services. If you choose to accept these terms,
you must do so as they are presented to you; no changes (additions or
deletions) will be accepted by us.
Registration
To use our Website, you must first become a member by completing the
registration form and creating a user name and password. You must also
indicate your acceptance of the Terms of Use. Our Website and Services
are intended for use only by consumers in the United States and,
therefore, these Terms of Use apply only to consumers in the United
States. We reserve the right to refuse to provide Services to consumers
outside of the United States.
User Registration and Information
We want to make sure that you have correctly completed the information
in the user registration form on the Website ("User Information"). In
the event that any of your User Information changes in the future,
please be sure to promptly update your user Information on the Website.
Remember, it is your responsibility to keep current all of your User
Information on the Website.
You will have the opportunity to select a user name and password, as
part of your User Information, during the user registration process.
Only one individual may access the Website at the same time using the
same user name and password. We may refuse to grant you a user name or
password that impersonates someone else, is protected by trademark or
other proprietary right law, is vulgar or otherwise offensive, or for
any other reason.
Your Account, Password, and Security
In conjunction with your use of the Services, you are entirely
responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify us
immediately of any unauthorized use of your account or any other breach
of security or any other breach of security regarding the Website of
which you are aware. We will not be liable for any loss that you may
incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held
liable for losses incurred by us or another party due to someone else
using your password or account.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these Terms
of Use. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected to any
of our servers or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Services.
Personal Information & Privacy Policy
Please see our
Privacy Policy which is incorporated herein in its entirety by reference.
If you include any personal information, such as a phone number, e-mail
address, Social Security number, a government-issued name number, or
any other personal and private identifying information (collectively
"Personal Data") in Content or a Post that you upload for purchase
and/or posting on the Website, that Personal Data may be widely
available to other users. We do not exercise any control over those
users and cannot guarantee that your Personal Data will be protected as
described in our Privacy Policy <make this a hyperlink>. If you
make your Personal Data available as part of Content or a Post on the
Website, we do not delete or redact your Personal Data from Content or
a Post you provide. If you do not want your Personal Data to be
displayed as part of the Content or a Post you upload, then you must
delete it prior to uploading.
Remember, you may not include Personal Data about other people in your
content. You also may not use Personal Data about other users in a way
that is inconsistent with our Privacy Policy. If you do, you will have
violated this Agreement, and we may terminate your membership. We are
not liable for any damage that may be incurred due to use of personal
information that was made available as part of Content or a Post posted
on the Website.
Your Personal Data does not include your user name and any information
you make available through your public contact settings. Your user name
and public contact information may be displayed on the Website to other
users.
OUR WARRANTIES AND DISCLAIMERS
WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE SERVICES, CONTENT OR POSTS FOR ANY PURPOSE. THE
SERVICES, CONTENT AND POSTS ARE PROVIDED “AS IS" AND “AS AVAILABLE”
WITHOUT WARRANTY OF ANY KIND. WE AND/OR OUR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES,
CONTENT AND POSTS, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM YOUR USE OF THE SERVICES, CONTENT OR POSTS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE SERVICES, CONTENT OR POSTS.
THE SERVICES, CONTENT AND POSTS COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE AND/OR OUR RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED HEREIN AT ANY
TIME.
WITHOUT LIMITING THE PRIOR STATEMENT, WE CANNOT VOUCH FOR THE QUALITY,
ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY CONTENT OR POST SOLD OR
PROVIDED THROUGH THE WEBSITE.
REGARDING DOWNLOADS, WE DO NOT REPRESENT OR WARRANT THAT DOWNLOADING
CONTENT OR USE OF THE WEBSITE WILL BE SUCCESSFUL, AND DO NOT REPRESENT
OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO
YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. WE WILL NOT BE
LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR
PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE WEBSITE AND
DOWNLOADING CONTENT.
WE DO NOT AND CANNOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF CONTENT.
WE RESERVE THE RIGHT TO REFUSE TO PERMIT PUBLICATION OF CONTENT OR
POSTS ON THE WEBSITE THAT, IN OUR SOLE DISCRETION, WE DEEM TO BE IN
VIOLATION OF THESE TERMS OF USE.
THE PERSON WHO CREATED THE CONTENT IS ENTIRELY RESPONSIBLE FOR IT. IF
YOU ARE THE CONTENT CREATOR, THEN YOU ARE SOLELY RESPONSIBLE FOR ANY
CONTENT YOU UPLOAD TO THE WEBSITE. SINCE COMPUTERS AND OTHER EQUIPMENT
(BOTH YOURS AND OURS) ARE SUBJECT TO OCCASIONAL MALFUNCTION, YOU AGREE
THAT YOU WILL NOT HOLD US RESPONSIBLE FOR ANY INADVERTENT DAMAGE TO,
CORRUPTION OF OR DESTRUCTION OF THE CONTENT. WE ARE NOT RESPONSIBLE FOR
BACKING UP THE CONTENT. YOU ARE RESPONSIBLE FOR BACKING UP, ON YOUR OWN
COMPUTER, ALL CONTENT. WE WILL NOT BE RESPONSIBLE FOR ARCHIVING OR
BACKING-UP ANY CONTENT. IF ANY CONTENT TRANSMITTED TO US IS DAMAGED,
LOST OR CORRUPTED IN ANY WAY, WE WILL HAVE NO OBLIGATION OR LIABILITY
TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU GENERATE OR
FORWARD TO US.
LIMITATION OF LIABILITY
YOU AGREE THAT THE LIABILITY FOR US AND OUR OFFICERS, EMPLOYEES,
AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
(WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY
TRANSACTION ENTERED HEREUNDER OR THE WEBSITE SHALL NOT EXCEED THE
AMOUNT YOU PAID TO US IN CONNECTION WITH THE TRANSACTION GIVING RISE TO
SUCH CLAIM. ANY ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND
GROSS NEGLIGENCE BY US, OUR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS
WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION
AGAINST US IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE
AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN
THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO
COUNTRY.
Indemnification
If someone takes us to court as the result of something you did in
violation of this Agreement, then you will pay for any damages or costs
assessed against or incurred by us. In other words, you shall indemnify
and hold us harmless against all third party claims, demands, suits,
actions, judgments, losses, costs, damages (direct, indirect and
consequential), attorney fees and expenses that we may sustain or incur
by reason of any breach or alleged breach of any representation,
warranty, term or condition of this Agreement, and for any act or
omission by you which is in any way related thereto.
Proprietary Rights
We are the owner of all intellectual property rights, including all
copyright, patents, and trademarks, associated with the Website, with
all rights reserved, exclusive of Content or a Post provided by third
parties (including your Content or Post), which is owned by the
licensors of such Content or Post. We own the design, format and layout
of the Website. We authorize users of the Website to use the Website
and to copy materials posted on the Website strictly for their own
personal, non-commercial use, provided you maintain all notices of
rights on your Content. Any and all other uses of the materials posted
on the Website are prohibited. Giving you permission to make a copy for
your own use does not mean that you can do anything else with the
Content. In other words, your authorization from us does not extend to
use of the design, format or layout of this website, which may be
further protected under applicable trade dress, trademark, or copyright
laws. All copyright, patent, trademark and other intellectual
property-related notices must remain affixed to any materials
downloaded from the Website. Failure to maintain such notices voids the
authorization granted above. In granting this authorization, we grant
no other right, title, ownership, license or other property interest in
the materials and subject matter posted on the Website, and in any
intellectual property rights protecting such materials and subject
matter.
Our logo and the names of all our products and/or Services as posted
herein are our trademarks or service marks, whether registered or not.
Content Provided to Us
• Ownership and License. We do not claim ownership of any Content
you may provide to us to create your electronic book (“EBook”).
However, by providing or submitting your Content to us, you are
granting to us and our affiliated companies and necessary
sub-licensees, such as our suppliers, permission to use your Content in
connection with the creation and implementation of your EBook,
including, without limitation, the license rights to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, modify,
translate and reformat your Content, and to publish your name and your
publicly available information in connection with your information or
Content and your EBook.
• Your Warranties and Representations Regarding Content. If you
provide Content to us, then you warrant and represent during and at all
times after the term of this Agreement that:
o You own or otherwise control all of the rights to your Content, or
to the extent owned by someone else, that you have permission to
provide the Content to us for use as described in these Terms of Use
and, in either case, that the Content does not contain any Personal
Data about any individual other than you
o The Content does not violate any copyright, trademark, trade
secret or other intellectual property right of any third party;
o The Content does not invade any individual's right of privacy or publicity;
o The Content does not contain material that is unlawful, obscene,
defamatory, pornographic, indecent, lewd, harassing, threatening,
harmful, invasive of privacy or publicity rights, abusive,
inflammatory, or otherwise objectionable;
o The Content does not include malicious code, which includes,
without limitation, viruses, Trojan horses, worms, time bombs,
cancelbots, or any other computer programming routines that may damage,
interfere with, surreptitiously intercept, or expropriate any system,
program, data, or personal information (including Personal Data);
o The Content does not break the law, facilitate the breaking of the
law, or violate any applicable regulation or these Terms of Use;
o The Content does not offer or disseminate fraudulent goods,
services, schemes, or promotions, or promote domain names, URLs, or
hyperlinks that constitute commercial content such as that found in
advertising, promotions, or solicitations;
o To the best of your knowledge, all factual information in the
Content is true and accurate, and the use of any recipe, formula, or
instruction in the Content will not result in personal injury to any
person; and
o You have the legal capacity to enter into this Agreement and that
entering into this Agreement does not conflict with any arrangements or
agreements between you and any other person or entity.
• Your Warranties and Representations for Images. In addition to the
warranty and representation set forth above, by providing Content which
contain images, photographs, pictures, or that are otherwise graphical
in whole or in part (“Images”), you warrant and represent that: (1) you
are the copyright owner of such Images, or that the copyright owner of
such Images has granted you permission to use such Images or any
content and/or images contained in such Images consistent with the
manner and purpose of your use and your EBook and as otherwise
permitted by these Terms of Use and the Services; (2) you have the
rights necessary to grant the licenses and sub-licenses described in
these Terms of Use; and (3) you have been provided consent to the use
of the Images as set forth in these Terms of Use by and for each person
or animal depicted or identified in such Images, if any, including, by
way of example, and not as a limitation, the distribution, public
display and reproduction of such Images.
• Use of Content and Images. Any Content and Images you provide to us will be used only in connection with your EBook.
• Content Ownership. When you post Content on the Website, you keep
your copyrights, but you grant that we will provide Services to post,
display, copy and sell that Content.
• Personal Data. If you include Personal Data in your Content, then
it will be included with your Content when sold. By including Personal
Data in the Content you post, you authorize us to disclose that
Personal Data as part of the Content. You may not include Personal Data
about other people in your Content.
• Marketing. By posting your Content on the Website, you grant us,
as part of the Services, the right to excerpt your Content, excluding
any Personal Data that may have been included, for use in marketing
materials and to make minor modifications to the Content for technical
reasons.
Retiring Content and/or Terminating Membership
If you choose to remove your Content from the Website, then the Content
will no longer be available or visible to other users. The exceptions
to your ability to remove Content are as follows:
• Content that has been incorporated into another or derivative work
for sale on the Website will remain available even when the original
work is removed;
• Content may be retained in our archives to the extent required by
our data backup systems or, at our discretion, for archival purposes.
We will, however, retain your Personal Data only for so long as is
reasonably required to fulfill the purposes for which it was collected;
and
• Content that you have made available to purchasers in electronic
formats may also remain available on the Website (in a purchaser’s
downloads) to users who have purchased that Content.
We do not retain any residual rights to removed Content other than those outlined above.
If you choose to terminate your membership, the terms above regarding the status of Content you have uploaded remain applicable.
Payment Terms
In order to purchase an EBook on the Website, a user must possess a
valid credit card. The purchase price for each EBook is US$5.00 plus
applicable sales tax. Applicable sales tax will be calculated prior to
the completion of a purchase transaction.
To use our Services, you must pay a one-time fee of US$39.50 to upload
your Content/EBook and make it available for purchase. If we sell your
Content/EBook and we receive payment, then we will pay you US$3.50 per
EBook sold. If you have published and sold Content/EBook on the
Website, the amount of revenue you are owed by us will be visible in
your account. All payments are made in US dollars.
You will receive your revenue via paper check and you will be paid on a
quarterly basis no later than 45 days following the end of the calendar
quarter. We will make a good faith effort to pay you, using the contact
information in our records. If we owe you less than $20.00 for
Content/EBook sales within a given quarter, we reserve the right, at
our discretion, to roll your revenue forward to the following quarter
until $20.00 is reached.
It is your responsibility to update your contact information if it
changes. If your account is inactive or terminated and we are unable to
contact you using the contact information provided, then, at our sole
discretion, we may also charge a termination fee equal to the amount of
unpaid revenue owed you to cover our administrative costs.
In order to receive revenue payments from us, you will have to provide
remission information to us, including your name, address and phone
number. Your earnings are subject to US tax laws. Therefore, in order
to receive payment, you also will have to complete the Taxpayer
Information section. We ask for your Social Security number (SSN),
taxpayer identification number (TIN), or federal employer
identification number (EIN) for the sole purpose of issuing a 1099 form
for your earnings.
Restrictions on Use of Content
If you purchase Content from the Website, then you agree to the
following restrictions with respect to such acquired Content and the
information contained therein:
• You may not resell any Content or otherwise profit from its use or display;
• Sharing, copying, adapting, redistributing, reconfiguring,
modifying or creating derivative work from the Content is permissible
only if explicitly designated in the permissions included with the
Content at purchase and only to the extent so explicitly designated.
You agree to abide by any restrictions included with the Content;
• The Content owners who sell Content through the Website retain
ownership of the copyrights or other licenses in the Content. You agree
not to allow any other party to resell, redistribute, sublicense,
assign, delegate, or otherwise transfer this Agreement, the Content,
any part thereof, or any related rights or obligations hereunder, to
any third party; and
• You will not remove or obscure any proprietary rights notices contained in or on the Content.
Use of Website
As a user, you agree not to use the Website to:
• Upload, post or otherwise transmit any Content or Posts that are
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
• Harm anyone, including minors, in any way;
• Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
• Interfere with the operation of the Website via the use of
viruses, programs or technology designed to disrupt or damage software
or hardware;
• Employ a robot, spider or other process or device to harvest
e-mail addresses or other user information or to monitor the activity
on the Website;
• Impersonate another person or entity or to forge any e-mail communication or message; and
• Transmit or post Content or Posts that violate these Terms of Use.
In addition to complying with all restrictions on conduct and Content
and Posts, you are responsible for adhering to all local and national
laws that pertain to your location, wherever you are.
We reserve the right to remove any and all Content or Posts that we
feel are inappropriate or illegal, offensive, or potentially or
actually harmful in any respect. At our discretion, we will remove
Content or Posts and/or ban users who violate these Terms of Use. We
reserve the right to amend these Terms of Use and our policies from
time to time in our sole discretion.
Content/EBook Purchase
All Content/EBook sales are “as is,” final and non-refundable. If you
receive a Content/EBook electronic file that is damaged in some way
(missing data, inoperable, etc.), we will be happy to provide a
replacement electronic file. Please notify us by <insert
notification logistics>.
Because we provide creator-controlled Services, we cannot accept
responsibility for the quality of the Content purchased (including
misspelled words, grammatical errors, etc.), its formatting, design or
overall appearance. The Content creator approves the visual
presentation and content of each item and bears responsibility for its
quality and presentation. Our staff does not monitor or check
individual Content prior to posting through the Website.
Operation of the Website
Technical, maintenance and other issues may make the Website
unavailable from time to time. We make no commitment, warranty or
guarantee that the Website will operate in a timely, uninterrupted or
error-free manner, or that the Website will meet your purposes. We may
also in our discretion modify the features, availability, operation
and/or look and feel of the Website from time to time without notice to
you.
Term
This Agreement is effective until terminated. We may terminate or
suspend this Agreement immediately for any reason and without prior
notice to you. YOU MAY TERMINATE YOUR MEMBERSHIP BY CONTACTING SUPPORT
WITH A SPECIFIC REQUEST TO DO SO. <insert termination logistics>
Your request to terminate will become effective within 30 days after
receipt of your specific request has been acknowledged by us. If you
choose to terminate your membership, then the terms of this Agreement
regarding any Content or Posts you have uploaded remain applicable. All
provisions of this Agreement relating to payment, service fees,
disclaimers, limitations of liability, indemnification,
confidentiality, and proprietary rights shall survive termination.
Agreement and Amendments
By completing the registration process and using the Website, you are
confirming that you have the full power and authority to enter into and
perform in accordance with the terms of this Agreement. You also agree
that this Agreement is a legal, valid and binding obligation, and that
its terms and conditions can be enforced. We encourage and recommend
you to print and keep a copy of this Agreement for reference.
We may change the terms in this Agreement from time to time. When the
terms are changed, we will make a posting on the Website regarding the
change. You agree to review the terms of this Agreement from time to
time. If you do not agree to be bound by any future changes, you should
promptly notify us and discontinue your use of the Website. If you use
the Website after we have posted a change to these Terms of Use on the
Website, then you are agreeing to be bound by all of the changes.
Miscellaneous
This Agreement is binding. It cannot be changed, except as the
Agreement describes, specifically including the Amendments section
below, unless both parties agree to a change and that change is set out
in a written document signed by both parties. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any
section of this Agreement is found to be invalid or unenforceable, then
such section will be deemed amended and interpreted, if possible, in a
way that renders it enforceable. If such an interpretation is not
possible, then the section will be deemed removed from this Agreement
and the rest of this Agreement will remain in full force and effect.
Except for payments due, if anything happens that is beyond reasonable
control of either party (wars, sabotage, riots, labor disturbance,
failure or delay of transportation, terrorist act, severe weather,
natural disaster, act of God, etc.), then delays will be expected and
performance may be excused. We and our subcontractors or suppliers
shall not be liable for any delay caused by the occurrence of such
event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee,
legal representative, partner or joint venturer of the other party for
any purpose whatsoever.
Law, Jurisdiction and Venue
You agree that these Terms of Use are made under, and shall be
construed and enforced in accordance with, the laws of the State of
Colorado, without regard to its conflict of law provisions. The
parties agree and consent to the venue and jurisdiction of the federal
and state courts for the State of Colorado.
How to Contact Us
Should you have other questions or concerns about the Terms of Use,
please contact us at the email address, telephone number, facsimile
number or postal address listed above.
