Legal Disclaimer

Blogbinders Member Agreement

Please take a moment to review the following Member Agreement. By registering with Blogbinders, you accept the terms and conditions of this agreement.

This Agreement describes the terms and conditions applicable to your use of our services at www.blogbinders.com. If you have any questions pertaining to the Member Agreement, please send your inquiries to support@blogbinders.com.

I. USE OF ACCOUNT INFORMATION

Blogbinders (hereafter known as "BB") reserves the right to store your user information/content (including your weblog username and password) on our secure servers. BB warrants that your user information will be used for no other purposes than in the production of your book. BB is not responsible for any changes to your weblog content as a result of having access to your account.

You may delete your user information/content at any time. If you delete your BB account or book content, all information pertaining to it, including your username and password, will be erased from the BB servers.

You warrant that you own complete copyright in all materials in your weblog or have all proper legal clearances to use text and images that appear in your book. You retain all copyright to content included in your weblog to which you have legal claim.

BB does not edit or endorse content in your weblog. You warrant that you will not publish any text or images that are considered illegal in your city and state jurisdiction or according to federal laws. You agree to hold BB completely free of liability for any legal actions that arise because of your use of unauthorized materials.

Once you approve your weblog proof and place an order via BB's e-commerce partner, cafepress.com, BB is not repsonsible for the quality of the final deliverable. By placing an order with BB, you agree to be bound to the return policies of cafepress.com (At the time of this agreement, cafepress.com offers a 30 day money back guarantee.)

Following the purchase of book(s), BB is not responsible for support regarding physical production of said book(s) or questions regarding your order. All support following the book purchase is the reponsibility of cafepress.com.

At your option, and on a per-book basis, BB will include your finished book in our list of featured products and sell copies of your book to the public. You may opt into this listing program during the approval stage of your book.

In lieu of participating in the listing program, you may distribute your book via your custom ecommerce purchase URL on your weblog or via other methods. We are not responsible to pay royalties to you for books sold in this way.

You have the option of participating in our reseller program where you may recieve royalties from sales of your book. The terms of this program are specified in the Blogbinders Reseller's Agreement.

Without limiting other remedies, BB may immediately issue a warning, temporarily suspend, or terminate your membership at our discretion or for any of the following reasons:

1. if you breach this Agreement or the documents it incorporates by reference;
2. if we are unable to verify or authenticate any information you provide to us; or
3. if we believe that your actions may cause legal liability for you, our users or BB.

A PDF proof of your book is generated as part of the BB (pre)printing process. Any use of the PDF outside of the BB system is prohibited.

BB will not sell your user information/content to third parties. Additional information may be found in the BB Privacy Policy.

You agree not to use any automatic device or manual process to monitor or copy our web pages or its content without prior written permission. You will not use any device or software to interfere or attempt to interfere with the site or services provided on our site. You will not knowingly take any action that imposes a large server load on our infrastructure. The information on our site is proprietary. You will not copy, reproduce, modify, publicly display any content from our site without prior written permission from BB.

We and our suppliers provide our web site and services "as is" and without any warranty or condition, express, inplied or statutory. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequentional damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

Our liability, and the liability of our suppliers, to you or any third parties in any circumstances is limited to the greater of (a) the total price of any purchased books, not including shippin or (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

By accepting this Member Agreement, you agree to indemnify and hold BB and our employees harmless from any claim or demand, including attorneyıs fees, made by a third party or as a result of your breach of this Agreement and the Privacy Policy. This also includes any law or rights of a third party you may have violated.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and the production of your book proof. You will also agree to provide us with relevant information if BB investigates complaints and violations of our policies.

Except as expressly stated otherwise, all notices to BB shall be sent to the email addresses provided on the site (e.g., support@blogbinders.com).

Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BB may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or BB pending the completion of arbitration.