Terms of Service
Please read this Agreement carefully and choose “Accept” before accessing or using the Websites or Related Services. By consenting to this Agreement, you agree to become bound by its terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any of the Related Services. If these terms and conditions are considered an offer by Book Oven, acceptance is expressly limited to these terms. The Websites and Services are available only to individuals who are at least 13 years old.
1. Your PressbooksEDU Account and Site. If you create a book or other content (“Your Content”) on the Websites, you are responsible for maintaining the security of your account and Your Content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with Your Content. You must not describe or assign keywords to Your Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Book Oven may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Book Oven liability. You must immediately notify Book Oven of any unauthorized uses of Your Content, your account or any other breaches of security. Book Oven will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you create Your Content on the Websites, comment on a book, post material to the Websites, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites you are entirely responsible for Your Content, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making Your Content available, you represent and warrant that:
- the downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available Your Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to Your Content;
- you have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms;
- Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- Your Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your book’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Your Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Book Oven or otherwise.
Without limiting any of those representations or warranties, Book Oven has the right (though not the obligation) to, in Book Oven’s sole discretion (i) refuse or remove any of Your Content that, in Book Oven’s reasonable opinion, violates any Book Oven policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Book Oven’s sole discretion.
Notwithstanding the foregoing, nothing in this Agreement should restrict or abrogate Your rights to make fair uses of content created by You or others under the United States Copyright Act (17 USC §§ 101 et seq.).
3. License. By submitting Your Content to Book Oven for inclusion on your *public* Websites, you grant Book Oven a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting Your Content. If you make Your Content *private*, Book Oven will not reproduce, modify, adapt or publish Your Content. If you delete Your Content, Book Oven will use reasonable efforts to remove it from the Websites, but you acknowledge that caching or references to your Content may not be made immediately unavailable.
5. Indemnification. You agree to indemnify and hold harmless Book Oven, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to (i) your violation of this Agreement; (ii) any third party of an alleged infringement of any copyright or any other proprietary right arising out of making Your Content available on the Websites..
6. Responsibility of Website Visitors. Book Oven has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, Book Oven does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Book Oven disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Websites link, and that link to the Websites. Book Oven does not have any control over those non-Pressbooks websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pressbooks website or webpage, Book Oven does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Book Oven disclaims any responsibility for any harm resulting from your use of non-Pressbooks websites and webpages.
8. Copyright Infringement and DMCA Policy. As Book Oven asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Websites violates your copyright, you are encouraged to notify Book Oven in accordance with Book Oven’s Digital Millennium Copyright Act (“DMCA”) Policy. Book Oven will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Book Oven will terminate a visitor’s access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Book Oven or others. In the case of such termination, Book Oven will have no obligation to provide a refund of any amounts previously paid to Book Oven.
9. Book Oven’s Intellectual Property. This Agreement does not transfer from Book Oven to you any Book Oven or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Book Oven. Book Oven, Pressbooks, PressbooksEDU, the PressbooksEDU logo, and all other trademarks, service marks, graphics and logos used in connection with Pressbooks, or the Websites are trademarks or registered trademarks of Book Oven or Book Oven’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Book Oven or third-party trademarks.
10. Attribution. Book Oven reserves the right to display attribution links such as ‘Make a book at Pressbooks.com,’ theme author, and font attribution in your webbook footer or toolbar. Footer credits and the Pressbooks.com toolbar may not be removed regardless of upgrades purchased.
11. Termination. Book Oven may terminate Your account only if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Book Oven’s notice to you thereof; provided that, Book Oven can terminate the Websites immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The Websites are provided “as is”. Book Oven and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Book Oven nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Book Oven Liability. In no event will Book Oven, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Book Oven shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Entire Agreement. This Agreement constitutes the entire agreement between Book Oven and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Book Oven and You.
15. Governing Law. In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise good faith efforts to resolve the dispute as soon as possible. In the event that the parties cannot, by exercise of their good faith efforts, resolve the dispute, they shall submit the dispute to informal mediation, as further described below in this paragraph. The parties shall continue to perform their respective obligations under this Agreement that are not affected by the dispute. The party invoking mediation shall give to the other party written notice of its decision to seek informal mediation, and the notice must include a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days of the meeting among the parties’ executives, either party may pursue a legal action in court. The exclusive jurisdiction and venue for any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in Alameda County, California (or, if applicable, the federal court located in the Northern District of California). During such court action, the parties shall continue to perform their respective obligations under this Agreement that are not affected by the dispute.
16. Severability. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Book Oven may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.