Terms of Service

Introduction

eBook Architects, a service of Firebrand Technologies, (The Company) offers eBook development and consulting services, subject to the following Terms, which may be updated by us from time to time without notice to You.

PLEASE READ THE FOLLOWING CAREFULLY, AS THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, FORM A BINDING AGREEMENT BETWEEN EBOOK ARCHITECTS AND YOU.

Your Agreement

By using and/or visiting this web site (ebookarchitects.com) and affiliated domains (the eBook Architects Web Site) or by subscribing to or using any products or services offered by the Company, you agree to be bound by both these Terms of Service (the Terms of Use) as well as eBook Architects Privacy Policy which is available at http://ebookarchitects.com/privacy-policy/ and is copied below. These Terms of Service apply to all users of the eBook Architects Web Site. If You do not agree to any of these terms, then please do not use the Web Site and exit this site immediately.

You affirm that you are either at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Our Services

eBook Architects offers a range of eBook-related services, including eBook conversion, creation, design, consultation, and development (the Services). A list of our current services is always available on the ebookarchitects.com website, and we are happy to help You with specialty projects that are not within the parameters of our standard offerings.

Submitting Your Content to eBook Architects and Limited License to Review Your Work

Before eBook Architects commences work on any Services for You, we need to assess your content. Anything you submit to eBook Architects through any means is defined as a Work, and includes, but is not limited to, the title of your submission, the completed book or manuscript or portions thereof, You or Your characters name, likeness, image, metadata and any other background or summary information, all images, video or other content, style sheets or mockups included in your submission. By submitting the Work to eBook Architects, you hereby grant to eBook Architects the royalty-free, worldwide right and license to review your Work for the sole purpose of providing a quote to You for the Services (the Quote License), which you have the right to accept or reject. Should You elect to reject the Services, the Quote License terminates, unless otherwise agreed upon between You and eBook Architects. To be very clear, You retain all right, title, and interest in Your Work in all circumstances.

The uploaded file should not be a partial sample, a sample chapter, or a collection of sample chapters, and all content submitted to eBook Architects must be in its final form. eBook Architects will not proofread, edit, or reformat content unless that service is requested and quoted as part of the Project. Please note that unless otherwise requested, the final eBook files delivered to you will be formatted in accordance with the originally submitted source files, taking into consideration the limitations of the eBook devices, formats, and reading software being used to display the content. If your file has formatting or textual issues, those issues will likely be retained in the final eBook files.

The Quoting Process

When you submit a Project for a quote, eBook Architects will review the submitted files and will, at its own discretion, send you a quote for approval or reject the quote request. If a quote request is rejected because of incomplete, incorrect, or damaged files you may resubmit the project for a quote with new files. If a quote request is rejected because of content restrictions, new quotes on the same project will not be accepted (see Content Standards below).

When approving a quote you acknowledge:

  • the source files you have given us are final and ready for development (if you need to submit a new file, please decline the quote, then upload your new files and request a new quote);
  • the deposit you pay is non-refundable, and submitting updated files later in the process may cancel a project’s development without a refund; and
  • revisions can be made after the project files are completed and will be charged our standard editorial revision fees.

Once a project quote has been accepted and any required deposits or fees are paid, the project will be placed into the development queue.

Payment Terms

eBook Architects requires the payment of a non-refundable deposit on all new projects, unless separate arrangements have been made with the Company in advance. eBook Architects reserves the right to reduce or eliminate this deposit for accounts in good standing or in special cases, and also reserves the right to require complete payment of all charges up front.

Final payment on the remaining balance, including all development, revision, and consulting fees, is due upon delivery of the service or the final deliverables. eBook Architects supports its work 100% for life. Revisions may be submitted on a completed project at any time. Editorial revisions will be billed at our standard revisions rates as listed on this website.

All fees set forth above are quoted and payable in U.S. Dollars. Your complete billing address and telephone number must be provided to process payments. The Company accepts major credit cards through the PayPal payment system, as well as bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods the Company may not credit the applicable account until additional procedures are completed and after the bank certifies receipt of funds typically ten (10) business days after receipt. The Company may charge a thirty dollar ($30.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

If any payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) an additional 1.5% of the balance every thirty (30) calendar days or (b) the maximum allowable by law, whichever is less. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred the Company. You also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to eBook Architects including Charges incurred on your account by Yourself, or anyone You allow to use Your account.

Rights

Should you engage eBook Architects to create eBooks pursuant to the Services described above, Your and eBook Architects rights with respect to the Services and the Work produced by eBook Architects for You are defined below.

Copyright: The copyright in the Work shall belong to You or the party that You cite as the copyright holder. You are solely responsible for filing for any copyrights and any other intellectual property with the appropriate governmental body. It is Your responsibility to provide a copyright notice on the copyright page or some other prominent place in the Work.

Ownership: You acknowledge and agree that the eBook Architects Web Site, services, and processes are proprietary to eBook Architects and that the Work is proprietary to You.

Formats: You shall submit the Work as a PDF, Microsoft Word document (.doc or .docx), InDesign file, print book, or other formats as allowed by the Company. The Company shall utilize its proprietary technology and staff to convert the book into multiple eBook formats as is requested and stipulated in the project Quote. Due to the technical nature of the eBook Architects system, we require that You submit files to the eBook Architects Platform in specific formats and subject to certain content specifications which must be followed and which are outlined at http://ebookarchitects.com/see-how-we-work/specifications/. These formats and specifications are subject to change at any time in the discretion of the Company.

Software: Please note that all software programming, including without limitation all scripts, widgets, tools, HTML and other code contained in the eBook Architects Web Site or used in the eBook development process (collectively, Software), is owned by the Company and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Content Standards

eBook Architects reserves the right to reject any project for any reason, including but not limited to the presence of content that is outside the bounds of the Companys content standards. eBook Architects will automatically reject and not provide a quote on any material which:

  • plagiarizes or pirates any other work or infringes upon any copyright, trademark or other proprietary right;
  • is injurious to End-Users or others including but not limited to recipes, formulae or instructions;
  • violates state and federal laws;
  • advocates hateful, discriminatory or racist views or actions toward others;
  • advocates or condones violence against another person, whether or not the other party is a willing participant;
  • advocates illegal activities;
  • contains images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals;
  • contains erotica or pornographic content.

eBook Architects reserves the right to cancel any project or quote request at any time if questionable or inappropriate content is discovered in the book, and You acknowledge that any deposits or payments made will be forfeit.

Warranties and Representations

The warranties and representations contained in this Agreement are made on behalf of You and Your licensees and successors and assigns. By uploading content to eBook Architects, You agree that any violation of the warranties below may result in immediate deletion of Your account and the forfeiture of any payments made or billed.

By submitting Your Work for publication, You warrant and represent that the Work is complete and you or your licensees are the sole owner of the rights herein granted; has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.

You further warrant that the Work contains no materials which:

  • would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
  • contain hyperlinks to affiliate marketing pages, especially if the eBook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages or advocate or promote systems about how to make money on the Internet by publishing eBooks; or
  • contain any content that is prohibited by eBook Architects Content Restrictions, listed above.

Infringement

The Company takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. It is Your responsibility to secure permissions to the Work prior to the time You submit such work if any material from the work belongs to, or has been licensed to, someone else.

It is the policy of the Company to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (DMCA) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Providers Designated Agent. Notification must be submitted to the following Designated Agent for this website:

eBook Architects, a service of Firebrand Technologies
7801 N. Lamar Blvd. Suite D73
Austin, Texas 78752
Phone: 978-225-2757
Email: joshua@firebrandtech.com

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnification

You agree to indemnify and hold the Company, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys fees, arising from or related to: (a) the Work You provide or approve for publication, (b) Your use of the eBook Architects Web Site, or (c) Your breach of these Terms of Service. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations, the Company shall have the right to withhold any sums payable to You in reasonable amounts as security for the payment of the Your potential obligations.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITES CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, EBOOK ARCHITECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL EBOOK ARCHITECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. In the event that eBook Architects is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will eBook Architects liability to You exceed the amounts collected by eBook Architects for the Work in question.

Applicable Law, Jurisdiction and Venue, Statue of Limitations

You and the company agree that Texas Law shall apply to the foregoing, and that any dispute between the parties relating to or arising from this agreement will be decided by the courts of the State of Massachusetts or the federal courts located in Boston, Massachusetts. The parties agree to personal jurisdiction and venue in Austin, Texas. Any cause of action arising from or relating to this agreement must be filed within one year.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.

Service Changes

eBook Architects reserves the right with or without notice to You at any time to change, modify or discontinue any service, product or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.

General

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the eBook Architects Web Site, shall constitute the entire agreement between You and us concerning the eBook Architects Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of this web site following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.

Privacy Policy

[Also available at http://ebookarchitects.com/privacy-policy/.]

eBook Architects respects the privacy of its clients and visitors. We make every effort to protect the integrity of your personal information and the files you submit. Any personal information you enter into forms on our website will be encrypted to ensure it remains private.

Our website collects names, email addresses, and other personal information from clients and potential clients only when submitted via one of our online forms, such as our Quote Request form. This data is used solely by eBook Architects and is not shared, traded, or sold to third parties.

Clients can edit their personal information in Concourse by clicking on Manage Account, located in the upper right corner of each page when logged in. You can un-register at any time by writing to the email address above.

Our website collects non-personal data through the use of server-based “session variables,” which we use to achieve important site functionality, including the recognition of logged-in users.

Our web-server records IP addresses from all visitors to our site. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, to administer our site, to analyze trends, to track user movement, and to gather broad demographic information all for the purpose of continually improving our website and delivering personalized, custom content. IP addresses are not linked to personally identifiable information, and their collection is standard procedure in most web-server environments.

Our website contains links to other websites. Please note that when you click on one of these links, you are entering another website, for which eBook Architects is not responsible.

Despite all efforts to protect your privacy and the confidentiality of the information you provide us, no computer system can be completely safe. Unscrupulous people continue to invent new ways to break security codes and steal information transmitted over the Internet. For this reason, we cannot guarantee that client confidentiality can always be maintained when using this website. We do, however, utilize extensive security measures to protect against loss, misuse or alteration of the information we receive.

By using eBookArchitects.com you signify your agreement to our privacy policy as stated above. Note that this policy may be revised periodically without notice. Please re-read this policy prior to submitting any personal information if you have concerns about how your information is being collected and used, and feel free to contact us if you have any questions.

If you have any questions about the operation of our website, please contact Joshua Tallent.