Mybard Terms of Service

About these Terms

Thanks for using Mybard products and services (“Services”). The Services are provided by Mybard Inc. (“Mybard”, “we”, “us”). By using the website and services owned and/or operated by Mybard (the “Site”), you (“End Users”, “Authors”, "Author Agents", and “Publishers”) are agreeing to these terms of service (“Terms”). Additional terms may be available with the relevant Services, and those terms become part of your agreement with us if you use those Services. Please read them carefully.

We may modify these terms or any additional terms that apply to a Service from time to time. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service.

User Account

When and if you set up your Mybard account and register to use the Site, you agree to:

(1) provide true, accurate, current and complete information about yourself as prompted by our registration form;

(2) maintain and update your information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Mybard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mybard has the right to suspend or terminate your account and refuse any and all current or future use of the Mybard Services (or any portion thereof).

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree not to transfer or resell your use of or access to the Site to any third party.

User Conduct

You understand that all information, data, text, images, comments, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Mybard, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Mybard Services. Mybard does not control all the Content posted via the Mybard Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Mybard Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mybard be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Mybard Services.

While using the Site, you agree not to:

• upload, post, email, transmit, or otherwise make available any Content which violates these Terms of Service;

• upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

• modify, reproduce, distribute, adapt, display, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

• use the Site, Service or Content if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;

• harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;

• engage in abusive behavior toward Mybard, its employees, its authors or fellow users;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Mybard Service;

• upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• upload, post, email, transmit or otherwise make available any Content that infringes any intellectual property, patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

• independently sell or distribute Mybard-generated file conversions outside of the Mybard site or Mybard distribution network;

• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

• upload, post, email, transmit, or otherwise make available any material that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or harm Mybard, or property of our users;

• circumvent or manipulate our fee structure or the billing process;

• use robots, spiders, shills or other methods in an attempt to unfairly manipulate the site's ranking systems for downloads, reviews and sales, or hire others to do the same;

• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Mybard Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

• interfere with or disrupt the Mybard Services or servers or networks connected to the Mybard Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Mybard Services, including using any device, software or routine to bypass our robot exclusion headers;

• intentionally or unintentionally violate any applicable local, state, national or international law, third party rights, or any policies which we have posted on the Site from time to time;

• "stalk" or otherwise harass another;

• collect or store personal data about other users in connection with the prohibited conduct.

You, the Author or the Author you represent (if you are an Agent or Publisher) author’s Publisher or Agent or Distributor, warrant that the Content you submitted meets the following standards:

• The book represents a complete work and is not a partial sample or sample chapter, or is not a collection of sample chapters.

• The Content is not the same book you previously published at Mybard, then republished as a new book for the sole purpose of having it appear as a new book again.

• Neither the cover image nor the book interior may contain graphic images of nudity or persons involved in sexual acts.

• The Content does not contain or comprise machine-generated language translations.

• The Content does not contain materials that are injurious to End Users or others including but not limited to recipes, formulae or instructions.

• The Content does not and will not appear elsewhere on the Internet authored by people other than yourself or by pen names different from your pen name at Mybard.

We may limit, suspend, or stop the Service and User accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Content improperly taken or used from the Site or Service if you do not comply with our terms or policies or if we are investigating suspected misconduct.

You acknowledge that Mybard may or may not pre-screen Content, but that Mybard shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Mybard Services. Without limiting the foregoing, Mybard shall have the right to remove any Content that violates the terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Mybard may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(1) comply with legal process;

(2) enforce the terms;

(3) respond to claims that any Content violates the rights of third parties;

(4) respond to your requests for customer service;

(5) protect the rights, property or personal safety of Mybard, its users and the public.

Purchases

By using the Site the End User is agreeing to pay the prices as presented by Mybard and set by the Author at the time of purchase. The Author sets the price for their individual Content. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Site.

Use of Content

As End User, you acknowledge that electronic Content you have purchased is licensed for the use of the End Users of the Site and may not be resold, redistributed, transferred, or sublicensed. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the Content to others.

Free Content and sample Content at Mybard are the copyrighted material of the author or publisher. Third parties are not authorized to download, host and otherwise redistribute Mybard Content without prior written agreement from Mybard.

Directory services and affiliate marketers may reproduce the metadata information found on each book's book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the Mybard book page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.

With respect to the Content you submit or otherwise make available in connection with your use of the Site, you hereby grant and assign to Mybard a worldwide, non-exclusive, sub-licensable, assignable, royalty-free right to use, publish, reproduce, distribute, modify, adapt, market, sell and publicly display such Content.

While you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Mybard are not proprietary to you, and can be used by Mybard and others for any purposes. You acknowledge and agree that you have no rights in any such template or layout, and such template or layout shall be the sole and exclusive property of Mybard.

Publishing

In general, Mybard will Publish Author’s work as it is delivered to us, and not edit or modify the work. Certain modifications may occur caused by file or design conversions. Mybard does not guarantee accurate preservation of the original Content’s formatting.

Mybard shall have the right to distribute samples of the Content in any form of media, including printed media, in order to promote the author or author’s Content or the Mybard service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.

Generally, Mybard will Publish any such submissions which do not violate, or which do not appear to violate the Agreement. However, Mybard may decide not to Publish Author’s work or may decide to discontinue its publication of Author’s work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, Mybard will make every attempt to provide reasonable notice to Author via email.

We may choose to not publish a public domain work if its content is undifferentiated or barely differentiated from one or more books already available through our service or available through other retail sites.

Payments

The profit to the author or publisher will vary depending on the channel of distribution. For sales originated from Mybard, your profit will be 90% of net sales (that is, list price less transaction fees). For sales originated from a retail distribution channel, your profit will be 90% of proceeds (that is, net sales minus the share of the retail distribution channel).

You can track your sales and payments by visiting the My Sales section of your account. Sales transacted at the Mybard web site are reported in real time. Sales reporting for sales transacted via Mybard retail distribution channels are reported when the retailer reports back to Mybard, usually once per quarter.

You may choose to receive payments via PayPal or via paper check (US authors or publishers only).

If you choose to receive your payments via PayPal, you will be paid on a monthly basis. If your accrued profit is less than $5 at the end of the month, your payments will be carried over to the following month(s) until $5 is reached.

If you choose to receive your payments via paper check, you will be paid on a quarterly basis. If your accrued profit is less than $20 at the end of the quarter, your payments will be carried over to the following quarter(s) until $20 is reached.

Copyright

Mybard respects the intellectual property of others, and we ask our users to do the same. You acknowledge and agree that the Mybard Site and Service are proprietary to Mybard and that the Content is proprietary to the Author; that none are proprietary to End User. You have no right to post, make available to others, or otherwise distribute in any format any electronic materials downloaded from the site or any derivative works of such materials.

Mybard may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mybard the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted Content or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the site;

(4) your address, telephone number, and email address;

(5) 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;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notices of copyright infringement claims should be sent to copyright@mybard.com.

Privacy

Mybard’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Mybard can use such data in accordance with our privacy policies. The privacy policy is linked at the bottom of every Mybard web site page.

Modifications to Mybard Services

We reserve the right at any time to modify the Site, including by removing or discontinuing any content on or feature of the Site; and change any fees for use of the Site with or without notice. You agree that Mybard shall not be liable to you or to any third party for any modification, elimination, suspension or discontinuation of any content on or feature of the Site or any change in any fees for use of the Site.

Termination

You can stop using our Services at any time, although we’ll be sorry to see you go. Mybard may also stop providing Services to you, or add or create new limits to our Services at any time with or without notice.

Indemnity

You (Author or End User) agree to indemnify and hold Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, customers, members, consultants, agents and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Mybard Services, your use of the Mybard Services, your connection to the Mybard Services, your violation of the terms, or your violation of any rights of another.

Disclaimer of Warranties

(1) Your use of the mybard services and software are at your sole risk. The mybard services and software are provided on an "as is" and "as available" basis. Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

(2) Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives make no warranty that (a) the mybard services or software will meet your requirements; (b) the mybard services or software will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the mybard services or software will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the mybard services or software will meet your expectations; and (e) any errors in the software will be corrected.

(3) Any material downloaded or otherwise obtained through the use of the mybard services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

(4) No advice or information, whether oral or written, obtained by you from mybard or through or from the mybard services or software shall create any warranty not expressly stated in the terms.

Limitation of Liability

You expressly understand and agree that Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

To the extent permitted by law, the total liability of Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).

In all cases, Mybard and its subsidiaries, affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives will not be liable for any loss or damage that is not reasonably foreseeable.

Contributions to Mybard

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Mybard through its suggestion or feedback webpages, you acknowledge and agree that:

(1) your Contributions do not contain confidential or proprietary information;

(2) Mybard is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(3) Mybard shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(4) Mybard may have something similar to the Contributions already under consideration or in development;

(5) your Contributions automatically become the property of Mybard without any obligation of Mybard to you;

(6) you are not entitled to any compensation or reimbursement of any kind from Mybard under any circumstances.