WP Book Machine

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Terms of Service

Below you will find our Terms of Service. Here is our Privacy Policy.

We (WP Book Machine LLC) run a PDF production tool called wpbookmachine.com.

Our service is not free. We offer paid upgrades for extra features such as the ability to create more PDFs and increased storage quotas among other features.

The following terms and conditions govern all use of the wpbookmachine.com website and all content, services and products available at or through the website, including, but not limited to, wpbookmachine.com, taken together, the Website.

The Website is owned and operated by WP Book Machine, LLC. (“WP Book Machine”).

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WP Book Machine’s Privacy Policy) and procedures that may be published from time to time on this Site by WP Book Machine (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WP Book Machine, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1 Your wpbookmachine.com Account and Site

If you create a PDF on the Website, you are responsible for maintaining the security of your account and PDF, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the PDF. You must not describe or assign keywords to your PDF in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WP Book Machine may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WP Book Machine liability. You must immediately notify WP Book Machine of any unauthorized uses of your PDF, your account or any other breaches of security. WP Book Machine 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 create a PDF on WP Book Machine, post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, 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 Content available, you represent and warrant that:

the downloading, copying and use of the 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 the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the 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);

the 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 PDF(s) are 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 PDF(s) are not named in a manner that misleads your readers into thinking that you are another person or company; and

you have, in the case of 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 WP Book Machine or otherwise.

By submitting Content to WP Book Machine for inclusion on your *public* Website, you grant Book Oven a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your book. If you make your book *private*, WP Book Machine will not reproduce, modify, adapt or publish the Content. If you delete Content, WP Book Machine will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, WP Book Machine has the right (though not the obligation) to, in WP Book Machine’s sole discretion (i) refuse or remove any content that, in WP Book Machine’s reasonable opinion, violates any WP Book Machine 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 WP Book Machine’s sole discretion. WP Book Machine will have no obligation to provide a refund of any amounts previously paid.

3 Payment and renewal
General Terms

You agree to pay WP Book Machine the one-time, monthly or annual fees as indicated for that service (additional payment terms specifically for Premium services are described below). Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a one-time, monthly or annual subscription period as indicated. Fees are not refundable.

WP Book Machine Renewal

Unless you notify WP Book Machine before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Billing section of your dashboard.

4 Responsibility of Website Visitors

WP Book Machine has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WP Book Machine 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. WP Book Machine 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.

5 Copyright Infringement and DMCA Policy

As WP Book Machine asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on wpbookmachine.com violates your copyright, you are encouraged to notify WP Book Machine in accordance with WP Book Machine’s Digital Millennium Copyright Act (“DMCA”) Policy. WP Book Machine will respond to all such notices, including as required or appropriate by removing the infringing material. WP Book Machine will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WP Book Machine or others. In the case of such termination, WP Book Machine will have no obligation to provide a refund of any amounts previously paid to WP Book Machine.

6 Intellectual Property

This Agreement does not transfer from WP Book Machine to you any WP Book Machine or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WP Book Machine. WP Book Machine and all other trademarks, service marks, graphics and logos used in connection with wpbookmachine.com, or the Website are trademarks or registered trademarks of WP Book Machine or WP Book Machine’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WP Book Machine or third-party trademarks.

7 Changes

WP Book Machine reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WP Book Machine may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8 Termination

WP Book Machine may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wpbookmachine.com account (if you have one), you may simply discontinue using the Website. 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.

9 Disclaimer of Warranties

The Website is provided “as is”. WP Book Machine 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 WP Book Machine 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.

10 Limitation of Liability

In no event will WP Book Machine, 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; or (iv) for any amounts that exceed the fees paid by you to WP Book Machine under this agreement during the twelve (12) month period prior to the cause of action. WP Book Machine 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.

11 General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the WP Book Machine Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12 Indemnification

You agree to indemnify and hold harmless WP Book Machine, 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 Website, including but not limited to your violation of this Agreement.

13 Miscellaneous

Should WP Book Machine waive a breach of any portion of these Terms of Use, this should not be considered as a waiver of any other breach of the same provision or any other part of these Terms of Use. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

14 Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without regard to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts located in Santa Clara County, California, and waive any objection to such jurisdiction or venue.