Ibis Reader™ Terms of Use

Last Updated: February 23, 2010

Terms of Use and Acceptance of Terms

The services and products provided to you by Ibis Reader LLC (“Ibis Reader™”) are subject to the following Terms of Use (“TOU”). Ibis Reader™ reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed on our website located at ibisreader.com (the “Site”). Throughout these TOU, the words “we,” “us,” and “our” refer to Ibis Reader™ and its affiliates. By accessing or using this Site or registering with this Site, you consent to the terms and conditions set forth in these TOU and to the collection and use of your personal identifiable information as described in the Privacy Policy. If you are unwilling to accept these TOU or to consent to our collection and use of your personal identifiable information as described in the Privacy Policy you should not use this Site or any products or services provided by Ibis Reader™.

Description of Services

Through its Site, Ibis Reader™ provides you with access to a variety of resources, including an ebook reader, download and upload areas, and product information (the “Services”). The Services, including any updates, enhancements, new features, and the addition of any new Web properties, are subject to these TOU.

Downloadable Software and Other Products

Any software that is made available to download from the Site or otherwise in connection with the Services (“Software”) is the copyrighted work of Ibis Reader™ or its vendors, suppliers, or publishers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

In addition to downloadable software, Ibis Reader™ may from time to time offer products or services subject to additional or different terms and conditions from these TOU. If there is a conflict between these TOU and the terms posted for or applicable to any service or product offered on or through the Site, the latter terms shall control with respect to your use of that specific product or service.

Ibis Reader’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site or in these TOU should be construed to alter such agreements.

Personal Non-Commercial Use

Unless otherwise specified, the Services are for your personal and non-commercial use. You may use information on the Site or provided in connection with the Services purposely made available by Ibis Reader™ for downloading from the Site, provided that you (1) not remove or alter any proprietary notice, (2) use such information only for your personal, non-commercial informational purpose, (3) do not copy or post such information on any networked computer or broadcast it in any media, and (4) make no modifications to any such information. Though you are able to upload ebooks that you have purchased in connection with using the Services, such uploads will remain private, accessible only to you through your private account and will not be shared with other Ibis Reader™ customers.

Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), and the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content contained on the Site is owned, controlled, or licensed by or to Ibis Reader™, and is protected by, copyright, patent and trademark, trade name and trade dress laws, and various other intellectual property rights and unfair competition laws.

Except as may be expressly permitted by these TOU, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, reverse engineered, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution, or for any commercial enterprise, without Ibis Reader™’s express prior written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site, the Content, or the Services.

Disclaimers

IBIS READER™ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IBIS READER™ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR DOES IBIS READER™ GUARANTEE THAT ANY DATA UPLOADED TO THE SITE WILL BE STORED PROPERLY OR NOT BE ENTIRELY OR PARTIALLY LOST. IBIS READER™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IBIS READER™ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY IBIS READER™ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IBIS READER™ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Site, the Services or the Content, whether for breach of contract, tort, negligence, or any other cause of action.

Ibis Reader™ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms of use; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or otherwise.

Limitation of Liability

In no event will Ibis Reader™ be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Ibis Reader™ has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these TOU, Ibis Reader™ is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Services or Content, Ibis Reader’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any Service or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against Ibis Reader™ (but not including the purchase price for any eBooks or software products) or (2) US$100.00.

Account, Passwords, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of any password created in connection with the use of the Services and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ibis Reader™ immediately of any unauthorized use of your account or any other breach of security. Ibis Reader™ 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 Ibis Reader™ or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

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 unauthorized or otherwise prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair the Site, any Ibis Reader™ server, or any network to which any Ibis Reader™ server may be connected, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks to which any Ibis Reader™ server may be connected, 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.

Procedure for Making a Claim of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the agent listed below that has been designated by Ibis Reader™ to receive claims of copyright infringement in accordance with the procedures outlined below.

Designated Agent:

Via email: legal@threepress.org with the subject: Claim of Copyright Infringement
Via mail: Liza Daly c/o Threepress, ATTN: Claim of Copyright Infringement, 31 Paulina St. #2, Somerville, MA 02144-1812
Via fax: (857) 227-0003, ATTN: Claim of Copyright Infringement

If you believe that your work has been copied on the Site in a way that constitutes infringement, please provide the following information to the above referenced Designated Agent:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site;

your address, telephone number, and email address;

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;

a statement by you, made under penalty of perjury, that the above information in your notice of infringement is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any notice of infringement that does not contain all of the information set forth above will be disregarded.

Termination of Your Use of the Site and Services

You agree that any violation by you of these TOU will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ibis Reader™, for which monetary damages would be inadequate, and you consent to Ibis Reader™ obtaining any injunctive or equitable relief that Ibis Reader™ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ibis Reader™ may have at law or in equity.

You agree that Ibis Reader™ may, in its sole discretion and without prior notice, terminate your access to the Site and block your future access to the Site, for any reason or no reason, including (but not limited to) (1) violation of these TOU or other agreements or guidelines which may be associated with your use of the Site, (2) requests by law enforcement or other government agencies, (3) a request by you (self-initiated account deletions), (4) discontinuance or material modification of the Site or any service offered on or through the Site, or (5) unexpected technical issues or problems. You agree that Ibis Reader™ will not be liable to you or to any third party for termination of your access to the Site.

If Ibis Reader™ is successful in any legal action taken by Ibis Reader™ against you as a result of your violation of these TOU, Ibis Reader™ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ibis Reader™.

Indemnity

You agree to indemnify and hold Ibis Reader™, its officers, directors, managers, members, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Ibis Reader™ by any third party due to or arising out of or in connection with your use of the Site.