(1) Acceptance of Terms
www.rainbowebooks.com, including all content and services related to the website, is furnished by Rainbow eBooks, LLC (hereinafter "Rainbow eBooks," "we," "us," or "our").
When you visit the Web Site or send emails to us, you are communicating with us electronically. You consent to receive communication from us electronically. We will communicate with you by email or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
(2) Access By Minors
You must be at least 18 years old to access and use the Website.
Pursuant to 47 U.S.C.A. §230 (d), you are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For further information regarding available parental control protections see http://nhe-pta.org/downloads/Parental_Control_Software_Comparison.pdf.
(4) Limited License
Pursuant to and in compliance with these Terms, Rainbow eBooks grants to you, and you hereby accept, a nontransferable, nonexclusive, revocable, limited license to use Rainbow eBooks' Website, to view the content therein, to browse, shop and purchase the eBooks and audio books marketed and available through the Website.
This license does not include any resale or commercial use of the Website or its contents; any collection and use of any eBook listings, descriptions or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any data mining, robots, or similar data gathering and extraction tools.
(5) Return/Exchange Policy
If the downloaded eBook or Audio Book is damaged or corrupted in anyway, we will replace the damaged or corrupted eBook or Audio Book with a working eBook or Audio Book. If we can not replace the damaged or corrupted eBook or Audio Book, Rainbow eBooks will refund the purchase price or provide you a eBook or Audio Book of equal value. Requests can be made via the "Contact Us" form which can be accessed from the bottom of any page on the Website or emailing firstname.lastname@example.org. No refund or exchanges will be made for undamaged or uncorrupted files.
Copyright on the Website, including all materials and compilation of all content on this Website, is owned by or licensed to Rainbow eBooks, and all rights are reserved. All software used on the Web Site is the property of Rainbow eBooks or its software suppliers and is protected by United States and international copyright laws.
You acknowledge that the eBooks and Audio Books marketed, listed and sold on the Website are copyrighted material. Pursuant to these Terms, you agree that your purchase of eBook and/or Audio permits and authorizes it use only by a single user. You must abide by all copyright notices and restrictions contained on the Website and in the particular eBook or Audio Book.
You are not permitted to copy, distribute, modify, transmit, display, perform, create derivative works of, or otherwise use any content from the Web Site (including audiovisual material, text, graphics or computer programs or other code), except that you may access, view and purchase any eBook or Audio Book, pursuant to these Terms, for personal single personal use of the eBook or Audio Book content.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Rainbow eBooks infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. To file a copyright infringement notification with us, you will need to send a written communication that meets statutory requirements imposed by the DMCA; http://www.copyright.gov/title17/92chap5.pdf for details current as of the date of these Terms.
Please send such notice to:
Rainbow eBooks, LLC
3148 Oak Hammock Lane
Tallahassee, FL 32301
With a copy to email@example.com
Specifically pursuant to the statute, 17 U.S.C.A. § 512, the current requirements for the notification include:
"To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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. "
You should be aware that the DMCA at section 512 (f) also provided penalties for any misrepresentation of the above:
"Any person who knowingly materially misrepresents under this section--
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys” fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it."
Rainbow eBooks, the Rainbow eBooks logos, graphics, page headers, button icons, scripts and any other trademarks, trade dress or trade names on the Website are trademarks or trade dress of Rainbow eBooks OR under license to Rainbow eBooks. Rainbow eBooks' trademarks and trade dress may not be used in connection with any product or service that is not Rainbow Ebooks', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Rainbow eBooks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rainbow eBooks.
(8) Links, Frames, and Metatags
The Website may connect links to other Websites maintained by third parties. Rainbow eBooks has no control over these third-party web sites or the information or goods or services provided by such third parties. Rainbow eBooks shall have no liability to any User relating to or arising out of use of or reliance upon these third-party web sites.
You may link to the home page of the Website as long as the link does not cast us or our products and services in a false, misleading or derogatory light.
You may not frame or utilize framing techniques to enclose any trademark, logo, proprietary information or other content of the Web Site. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold resold or otherwise exploited for any commercial purpose without our express written consent. You may not use metatags or any other "hidden text" that incorporates the Rainbow eBooks trademarks, trade dress or our name without our express written consent.
The sale or list price displayed for the eBooks and Audiobooks sold on our Web Site represents the full retail price suggested by the publisher, supplier or distributor of the eBook or Audiobook. The list price may or may not represent the prevailing or same price for that same eBook or Audiobook in every area on any particular day. Rainbow eBooks and/or a publisher, supplier or distributor may offer promotions, sales and special offers to the end users resulting in a discounted amount off the retail price. Such promotions, sales and special offers are of limited duration and subject to terms and guidelines set forth within the promotions, sales and special offers.
(10) Disclaimer of Warranties
RAINBOW EBOOKS PROVIDES THE WEBSITE AND RELATED SERVICE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAINBOW EBOOKS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING COMPLETENESS, ACCURACY, OR TIMELINESS. RAINBOW EBOOKS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE MATERIALS IS WITH THE END USER. THE END USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Rainbow eBooks provides no warranty the for the content of the eBooks and Audio Books marketed and sold on the Website. Specifically, Rainbow eBooks does have editorial control of, endorse, or have responsibility over the accuracy of the content of the eBooks and Audio Books marketed and sold on the Website.
(11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE MATERIALS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR ANY CLAIM BY ANY OTHER PARTY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
You agree to hold Rainbow eBooks, and its affiliates, officers, directors, employees, agents, and attorneys, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; and (iii) any dispute you have with any user of the Website and any dispute you have related to any merchant, publisher and/or distributor found on or through the Website.
Rainbow eBooks reserves the right to terminate the Website and these Terms at any time without notice for any reason, including but not limited to your violation of any of these Terms. In the event of any termination, all Disclaimers, Limitations on Liability contained herein and the Governing Law section of these Terms shall survive any such termination.
(14) Comments, Reviews, and Posts by Visitors
We welcome you to post reviews and other content, including commentary, subject your agreement and compliance with all the Terms herein. If you post to the Website or otherwise transmit comments, pieces, ideas or other information in any form (collectively, "Content") to us, you grant to us a worldwide, non-exclusive, assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute, create derivative works based on, and display such Content (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Content. You agree that any personally identifiable information in Content submitted to us, may be republished. You also permit any Website user to access, display, view, store and reproduce such Content for personal use.
In order to post content you agree to the following:
(1) We may provide an authorship credit on any Content we publish by listing your first name and last initial.
(2) You will not post any content to the Website that infringes any third-party's intellectual property or other rights.
(3) You will not post content for any unlawful purpose or make available any material that would give rise to criminal or civil liability.
(4) You will not use the Website to advertise or for political campaigning, chain letters, "spamming," survey solicitations, junk mail or other solicitations.
(5) You will not impersonate any person or entity, including any Rainbow eBooks employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(6) You will make no statement, either directly or implicitly, that Rainbow eBooks endorses any of your Content.
(7) You will not transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Website, or otherwise "hack" or deface any portion of the Web Site.
While Rainbow eBooks has no obligation to monitor the Content submissions, you agree that we may monitor the Content submissions; including altering, editing, disclosing or removing any Content submission in whole or in part, at our sole discretion. This section will survive any termination or expiration of these Terms.
1. Entire Agreement. This Agreement constitutes the entire Agreement and understanding between you and Rainbow eBooks relating to the use of the Website or eBook and Audio Book Materials and supersedes all prior and contemporaneous agreements, understandings, communications, and proposals by Rainbow eBooks. This Agreement may be amended or modified only in writing by an authorized officer of Rainbow eBooks and may not be modified by course of conduct.
2. Waiver and Severability. If any provision of these Terms shall be declared invalid or unenforceable under applicable law by any court of competent jurisdiction, said provision shall be ineffective only to the extent of such declaration and shall not affect the remaining provisions of these Terms. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provisions or of the right of the said party thereafter to enforce any such provision.
3. Governing Law and Exclusive Jurisdiction and Venue. These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida. Any legal action between the parties hereto, and/or arising out of and/or concerning these Terms in any manner or relating to or arising from use of any eBook or Audio Book distributed, sold or offered by Rainbow eBook, shall be brought in the State of Florida, Second Judicial Circuit Court in and for Leon County, Florida or the United States District Court for the Northern District of Florida, only if and where applicable law grants exclusive jurisdiction in the federal courts. Both parties submit to the jurisdiction and venue of this court. In any event that an action or claim arises outside of the exclusive jurisdiction named herein, the parties agree to initiate, consent to and/or cooperate with any and all efforts to remove the matter to the exclusive jurisdiction named herein, or otherwise take any and all reasonable actions to achieve the objectives of this provision.
4. Injuctive Relief. The parties hereto acknowledge that a suit for damages arising out of any breach or violation of any provision of this Agreement will be inadequate and shall cause irreparable harm that cannot be fully remedied by monetary damage and in the event of any breach or violation, or threatened breach or violation, of this Agreement, Rainbow eBooks alone shall have the right, in addition to any other rights or remedies available at law or in equity, to obtain injunctive relief without the necessity of proving actual damages.