Bublish Terms of Service

Welcome. Please read the following Terms of Service carefully. The Bublish Terms of Service (TOS) consists of these Terms, and any supplemental Terms provided to you for any of the Services offered, owned, or operated by Serendipite Studios, the parent company of Bublish (collectively “Services”). It is a contract in electronic form between you (“you,” “your,” and “yourself”) and Serendipite Studios and its successors, subsidiaries, affiliates, and family of brands (“SS,” “we,” “us” and “our”).

General

By using the Services or registering with us, you are agreeing to this TOS and may use our Services as long as you comply with the Terms and all applicable local, state, national and international laws, rules and regulations. You may use the Services only if you accept the Terms and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. Because of the agile nature of social media, we may, in our sole discretion, change any aspect of a Service or discontinue a Service without notice. We may also modify this TOS from time to time by posting the modified TOS on the Service and our website at www.bublish.com. Your continued use of the Services after any such modifications will constitute your acceptance of the new TOS. If you do not agree to any of the terms of this TOS or any modified terms in the future, you are not permitted to use (or continue to use) or access the Service.

Registering a User Name and Keeping Your Account Active and Safe

You do not have to register or create an account in order to browse our website or the Service. However, you will not have access to all of the functionality or content of the Service unless you have registered with us. These TOS apply to your use of the Service whether or not you register.

To register a user name and create an account, you must give us true and accurate information about yourself and keep that information up to date. Bublish requires you to use your email address and password to log in. You must be at least 14 years of age or older to use and register for the Service.

You are responsible for maintaining security and control over any email address that enables you to access the Services. We highly recommend that you choose a strong password for your account. If you fail to maintain security or control over your account, you are responsible for any consequences that result. Also, we are not responsible for the release or loss of any information that is identified. If you lose a device, such as a laptop, desktop, tablet or smartphone, or a device is stolen containing your user name and password, it is up to you to take all the steps necessary to protect yourself. You agree to notify us immediately if your password or account is used without your authorization. We will not be liable for any loss or damage, including any release or loss of information, caused by any unauthorized use of your account and you will be solely liable for our losses due to such unauthorized use.

If you register with us via one of our social networking partners, you understand that your personal and other information will be provided directly through such partner site.

Using Bublish

Your access to our Services is dependent on upon your acceptance of and compliance with these Terms. When you access and/or use the Services, you agree to be bound by these Terms.

To use the Services, you must:

1. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
2. Immediately notify us if you learn of a security breach or other illegal activity on the Services;
3. Protect your user name and password;
4. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, harmful to minors in any way, constitutes “hate speech” or otherwise encourages or incites violence against or harm to any individual or group, and whether based on the race, gender, sexual orientation, national origin, religious affiliation or language of such individual or group;
5. Not engage in an activity that is harmful to us or our customers, other users, advertisers, affiliates, vendors, or anyone else;
6. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason;
7. Not use the Service in a manner to conduct, promote or forward any illegal contest, pyramid schemes, chain letters, multi-level or illegal marketing campaigns;
8. Not use the Service in any manner that supports, provides support or resources or furthers the cause of any organization designated by the United States government as a foreign terrorist organization; and
9. Not use any Service or any process that may interfere with the property working of the Service or that may damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.

You may not use our Services, including the posting or publication of any content, in any manner that: (1) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (2) invades the privacy right of any person or entity; (3) violates the rights of others; (4) misrepresents your identity or the identity of any user; (5) impersonates any person or entity; (6) is intended to, or does, tamper with or obtain unauthorized access to the Services, computer systems or networks associated with the Services or of any third party; (7) allows or furthers the conduct of fraudulent or other illegal activities; (8) is intended to, or does, collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk email or other forms of unsolicited bulk communications.

To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you. Such actions may include terminating your ability to use or access your account and the Service, or suspending your use of all or any part of the Service.

Even though all of our users agree to the above restrictions on use of the Service, you may encounter or be exposed to content that you find objectionable or offensive and you waive your right to any damages related to such content.

Privacy Policy

Any information that you provide to Bublish is subject to our Privacy Policy. Our Privacy Policy governs the collection and use of all information you provide to Bublish. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bublish. As part of the Services, certain communications, such as service announcements and administrative messages, may be sent to you. These communications are considered part of the Services and your Bublish account. You cannot opt-out of receiving these communications. If you have any questions about sharing Book Bubbles or your Bublish profile on social media, please feel free to contact support@bublish.com.

Please remember that these TOS and our Privacy Policy governs only your use of the Service and does not govern your comments, feedback or other interactions with us through our presence on any social networking sites, such as Facebook, Twitter, etc. The terms of service and privacy policies of those sites will govern your interactions on those sites.

Accessing Services

You are responsible for obtaining at your own expense all equipment and services needed to access our Services, including all charges you may incur to access the Internet. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our Services can be accessed through all wireless or mobile devices, browsers or service plans or are available in all geographical locations.

Fees

There are currently no fees associated with the use of the Services; provided, however, that we reserve the right to institute fees at any time for use of any Service or any functions in the Services, with or without notice. Your continued ability to use the affected Service or function will be dependent on your payment of the fees. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

We are also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to [amazon.com]. Although we provide authors using the Service to determine whether or not to allow links for purchase of their books, we as a participant in the Amazon Associates Program receive the applicable affiliate fee. Purchase of any material from Amazon will be a separate transaction between you and Amazon and we will have no liability with respect to such transaction.

Posting Content on Our Services

You can post Content to our Services only if (a) you created and own the rights to the Content or you have the owner’s express permission to post the Content, including the written consent of any person’s whose name, likeness or story may be contained in the Content; and (b) the Content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, our Privacy Policy, or any other posted policies. We can remove or limit access Content for any reason. If you are an author and have a contract with a publisher, you expressly agree that you have permission from such publisher or otherwise have retained sufficient rights to allow for the posting and publication, including distribution and redistribution, of the Content as set forth in these TOS.

You are responsible for any Content you post to our Services and the consequences of sharing or publishing such Content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. We are not responsible for the consequences of sharing or posting any personal or other information on our Services.

We reserve the right, but do not have any obligation, to monitor, control, remove or restrict the Content posted via the Services; provided however that we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, or guarantee the completeness, accuracy, or reliability of any Content posted via the Services nor do we endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SS 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 Services or elsewhere.

Except as otherwise provided in this TOS, you are the owner of any Content you post to the Services and retain ownership of all rights, title, and interests in that Content. You or your publisher retain exclusive rights to your book as presented in its entirety. For purposes of this TOS, Subscriber Content means all of the Content that you share publicly through the Services, including any excerpts from your books, the text you input for your Author Insights, Synopsis and Bio, the image of your Book’s Cover as well as your personal photograph and any audio or video material. By submitting, posting or displaying Subscriber Content on or through the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who partner with SS for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses may be made with no compensation paid to you with respect to the Subscriber Content that you post, transmit or otherwise make available through the Services. Please note, this Agreement does not give us the right to use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute your book in its entirety, only those portions of it that you choose to excerpt and share through the Services.

We may modify or adapt your Subscriber Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Subscriber Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You further agree that all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Service or our website or through email, or our social networking presences or otherwise disclosed, submitted or offered in connection with your use of the Service (collectively, “Feedback”) shall be our property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback and we can use such Feedback, including to improve our Services and products without attribution or payment to you.

Using Our Content and Trademarks

SS or our vendors own and shall retain all rights, title, and interests in the Service, including user Content and your Subscriber Content, including all content, graphics, video, sound, logos, software, trademarks, service marks and other material on the Services (“SS Content”) and any compilation, collective work or derivative work created by us using or incorporating SS Content and/or user Content.

The Services and the SS Content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content on our Services.

No Spam

You may not access the Services to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on the Services. Any violation of these provisions may result in immediate termination of your account and legal action.

Your Bublish License

We grant you a non-exclusive, non-transferable, limited license to access and use our Service, including its underlying software (the “SS Software”), on any computer or device. We may provide automatic upgrades of our technology to improve your experience, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades and related services.

You may not copy the Service, any portion of the Service or the SS Software. You may not sell, resell, sublicense, distribute or provide access to the SS Software or Service or incorporate it (or any portion of it) into another product or service offering. You may not reverse engineer, decompile or disassemble the SS Software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing our Services. You may not modify, adapt or create derivative works from the SS Software or remove proprietary notices in the Service or on the SS Software. You may use the Service and the SS Software solely for your own personal, noncommercial (or if an author promotional) purposes. All rights in and to the Service and SS Software not expressly granted herein are reserved by us.

Termination of Account

Your user name and account will be terminated upon expiration of this Agreement. After we terminate your account, we have no obligation to retain, store, or provide you with any data, information, email, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Services. We also have no obligation to remove any public data, content, or other information that you posted on a Service or reactivate your account. Notwithstanding any termination by you, we may continue to archive your Subscriber Content and may use such Subscriber Content for promotional and other purposes as we deem appropriate as permitted by the licenses granted herein.

We reserve the right to terminate your account or use of the Service at any time, with or without notice to you, for any reason.

Disclaimer of Warranties and Limitations on Remedies and Liability

The information you provide may contain typographical errors and other errors or inaccuracies. We are not responsible for examining or evaluating any of your materials or their offerings.

1. WE, OUR AFFILIATES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OR MISAPPROPRIATED ACCOUNT INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE, OUR AFFILIATES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, WE, OUR AFFILIATES, AGENTS AND PARTNERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
2. UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE FROM A BREACH OF THIS AGREEMENT, YOUR CONTENT OR SUBSCRIBER CONTENT OR USE OF THE SERVICE FOR WHICH YOU ARE RESPONSIBLE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT MATTER.
3. WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.

General Legal Terms

You agree that all agreements and transactions between you and us, and between you and our Partners, will be done electronically. You agree to receive all notices and terms regarding this Service either by (a) e-mail to you or by (b) posting them on the web page of the applicable service. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.

This TOS along with any supplemental terms for some Services constitutes the whole legal agreement between you and SS and replaces any prior agreements between you and SS. We may modify this TOS from time to time. If you do not agree to the changes, it is your right to cancel your access to our Services before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes.

If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.

In any dispute with us, your sole remedy is to stop using your account and cancel the Services. This includes any dispute related to, or arising out of: (1) any term of this TOS or our enforcement or application of this TOS; (2) any of our policies or practices, (3) the content available on the Services or the Internet or any change in content provided by us; (4) your ability to access or use the Services; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You agree that the laws of the State of South Carolina govern this contract and any claim or dispute that you may have against us, without regard to South Carolina’s conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Charleston, South Carolina, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF SOUTH CAROLINA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE SOUTH CAROLINA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.

The Service is controlled and operated from our, or our service provider’s, facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.