These Terms of Service apply only to individual users of the if the These Terms of Service apply only to individual users of the Self-Publisher’s service available at https://pressbooks.com/self-publishers. If you are an educational institution using Pressbooks, you will be subject to a different agreement. Please contact us for details. available at pressbooks.com. If you are an educational institution using Pressbooks, you will be subject to a different agreement. Please contact us for details.
We (Book Oven Inc.) run a book production tool, and webbook hosting service called Pressbooks.com, and we are happy for you to use it. Our basic service is free with limitations for a limited time, and we offer paid upgrades for advanced features such as removal of watermarks, increased storage quotas, and ability to make a book public, among other things. Our service is designed to give you as much control and ownership over what goes on in your book(s) as possible and we encourage you to express yourself freely. However, please be responsible for what you publish. In particular, make sure that none of the prohibited items listed below appear in your book (ebook, print or webbook) or get linked to from your webbook (things like spam, viruses, or hate content).
2. About the Terms of Service and Contacting Us
These Terms of Service govern all use of the Pressbooks for Self-Publishers website specifically at pressbooks.com and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Book Oven, Inc., a corporation in Montreal, Canada at the address listed below (“Book Oven”).
Book Oven also hosts Pressbooks networks for institutional clients.
For more information on terms of service for our enterprise plans, please email email@example.com
If you have any questions about these Terms of Service please contact:
Book Oven Inc. Legal Services
5333 av. Casgrain, Suite 202
H2T 1X3 Canada
3. Acceptance of the Terms of Service
Please read the Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services available on the Website. If these Terms of Service are considered an offer by Book Oven, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18years old, or the age of majority in the jurisdiction where you reside. If you are under the age of majority in your jurisdiction, your parent or guardian must accept the Agreement on your behalf and you agree that you may only use the Website under their supervision.
4. General Use of the Pressbooks Website
a. Your Pressbooks.com Account and Website
If you create a book on the Website, you are responsible for maintaining the security of your account and book, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the book. You must not describe or assign keywords to your book in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Book Oven may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Book Oven liability. You must immediately notify Book Oven of any unauthorized uses of your book, your account or any other breaches of security. Book Oven will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
b. Responsibilities of Contributors and User Content
If you create a book on Pressbooks, comment on a book, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “User Content”), You are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent and warrant that:
- the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the User Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your book(s) are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your book(s) are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your book’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Book Oven or otherwise.
By submitting User Content to Book Oven for inclusion on your *public* Website, you grant Book Oven a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content solely for the purpose of displaying, distributing and promoting your book. If you make your book *private*, Book Oven will not reproduce, modify, adapt or publish the User Content. If you delete User Content, Book Oven will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Book Oven has the right (though not the obligation) to, in Book Oven’s sole discretion (i) refuse or remove any User Content that, in Book Oven’s reasonable opinion, violates any Book Oven policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Book Oven’s sole discretion.
5. Payments for Upgrades
a. General Terms
Optional paid services such removal of watermarks and/or Pressbooks ads in Ebooks and PDF, additional storage space, domain mapping, dedicated installations, conversion services or custom templates are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade, you agree to pay Book Oven the one-time, monthly or annual fees as indicated for that service. Prices for Upgrades are firm and are displayed and charged in American Dollars, which may be converted to other currencies upon payment depending on your location and / or credit card agreement, and include any applicable sales taxes. By clicking the “Pay” button you agree to pay the price for the Upgrade presented to you, Upgrade fees are not refundable.
b. Payment Processing and Billing Information
All Billing Information is collected by the Third-Party Payment Processor, on their own secured servers. Book Oven does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Book Oven for record-keeping and support purposes.
6. Book Oven Rights
Book Oven reserves the right to display advertisements on your webbook unless you have purchased an Upgrade that allows for the removal of such advertisements .
Book Oven reserves the right to display attribution links such as ‘Make a book at Pressbooks.com,’ theme author, and font attribution in your webbook footer or toolbar. Footer credits and the Pressbooks for Self-Publishers toolbar may not be removed regardless of Upgrades purchased.
7. Disclaimer Regarding Website Content
Book Oven has not reviewed, and cannot review, all of the material, including computer software and User Content, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Book Oven does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Book Oven disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
8. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Book Oven links, and sites that link to the Website. Book Oven does not have any control over those non-Pressbooks websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pressbooks website or webpage, Book Oven does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Book Oven disclaims any responsibility for any harm resulting from your use of non-Pressbooks websites and webpages.
9. Copyright Infringement and DMCA Policy
As Book Oven asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pressbooks for Self-Publishers violates your copyright, you are encouraged to notify Book Oven in accordance with Book Oven’s Digital Millennium Copyright Act (“DMCA”) Policy. Book Oven will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Book Oven will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Book Oven or others.
10. Book Oven Intellectual Property
The Agreement does not transfer from Book Oven to you any Book Oven or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Book Oven. Book Oven, Pressbooks, Pressbooks for Self-Publishers, the Pressbooks for Self-Publishers logo, and all other trademarks, service marks, graphics and logos used in connection with Pressbooks for Self-Publishers, or the Website are trademarks or registered trademarks of Book Oven or Book Oven’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Book Oven or third-party trademarks, except as otherwise provided for in these Terms of Service.
11. Modifications to the Agreement
Book Oven reserves the right, at its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Book Oven may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
Book Oven may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your Pressbooks for Self-Publishers account (if you have one), you may simply discontinue using the Website. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the event of any termination, Book Oven will have no obligation to provide a refund of any amounts previously paid for Upgrades.
13. Disclaimer of Warranties
The Website is provided “as is”. Book Oven and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Book Oven nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability
In no event will Book Oven, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed any fees paid by you to Book Oven under the agreement during the twelve (12) month period prior to the cause of action. Book Oven shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. Your General Representations and Warranties
You represent and warrant that (i) your use of the Website will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Book Oven, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Agreement.
a. Entire Agreement
The Agreement constitutes the entire agreement between Book Oven and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Book Oven, or by the posting by Book Oven of a revised version at the same URL.
b. Governing Law and Jurisdiction
Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of the Province of Quebec, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the Judicial District of Montreal, Quebec, Canada.
If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Book Oven may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The parties acknowledge having expressly required that the Agreement is to be drawn up in the English language. Les parties à l’entente avoir expressément exigé que les présentes et tout document relié soient rédigées en anglais.