Last updated: May 14, 2014
Welcome to Authorgraph, located at www.authorgraph.com (the "Website"), which is owned and operated by To The Reader, Inc. ("To The Reader"). To The Reader provides a series of services throughout the Website collectively referred to as the "Authorgraph Service." In order to use the Website, you must agree to these Terms of Service ("Terms of Service"). Please read these Terms of Service carefully. They are important and contain information and legal disclosures that you should be aware of, including the terms that allow you to access and use the Website, and other terms that specify permissible uses of the Website.
1. Authorgraph Service Overview
The Authorgraph Service allows an e-book reader ("Reader") to send a request via the Website to any e-book author ("Author") that has created an account on the Website. Once an Author receives the request from the Reader, the Author is able to create a personal, digital inscription for an e-book (an "Authorgraph"), which will be sent to the Reader’s e-mail address. The "Authorgraph" is then viewable in any e-reader or on any device capable of opening and reading a Portable Document Format (PDF) file or Amazon Word (AZW) file as a separate, unique document.
2. Acceptance of Terms
These Terms of Service contain the terms and conditions that govern your use of the Website and the Authorgraph Service as a Reader. The Terms of Services also describe your rights and responsibilities and what you can expect from use of the Website. Use of the Website constitutes your acceptance and agreements to these Terms of Service. If you are also an Author, your use of the Website constitutes your acceptance and agreement to the Terms of Service as well as the Author Supplemental Terms (see Section 4 below).
To The Reader reserves the right to add, delete, and/or modify any of the terms and conditions contained in these Terms of Service, at any time and in its sole discretion, by posting a change notice on the Website. In the event of substantive changes to these Terms of Service, you may be notified by email of the changes. If any modification is unacceptable to you, your only recourse is to cease use of the Website and the Authorgraph Service. Your continued use of the Website following posting of a change of notice of new Terms of Service on the Website will constitute binding acceptance of the changes.
3. Acceptable Use of the Website
To The Reader will only provide access to the Website and the Authorgraph Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Website is not intended for children under the age of 13.
3.2 Creating an Account and Privacy
3.3 Compliance with these Terms of Service and Applicable Law
You must comply with all of the terms and conditions of these Terms of Service, the applicable agreements and policies referred to herein, as well as all applicable laws, regulations, and rules when you use the Website.
3.4 Your License to Use the Website and the Authorgraph Service
a. To The Reader solely and exclusively owns all intellectual property and other rights, title, and interest in and to the Website, except as expressly provided for in these Terms of Service. You will not acquire any right, title, or interest therein under these Terms of Service or otherwise to any intellectual property owned by To The Reader. All rights not expressly granted in this agreement are reserved by To The Reader.
b. To The Reader hereby grants you a limited, revocable license solely to access and use the Website and the Authorgraph Service for the intended purpose, subject to your compliance with these Terms of Service. This license does not include the right to collect or use information contained on the Website for purposes prohibited by To The Reader; to compete with To The Reader; to create derivative works of the Website or Authorgraph Service; or to create reproductions of the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach the Terms of Service, To The Reader may revoke the license granted to you.
c. This Section 3.4 does not control the rights in your intellectual property. Information about your intellectual property rights, the Website, and the Authorgraph Service is contained below.
3.5 Intellectual Property Rights of To The Reader
a. Everything located on the Website is the exclusive property of To The Reader or is being used with permission. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
b. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws. To The Reader owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
c. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the Website, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of To The Reader or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted by To The Reader, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
d. Authorgraph and To The Reader are trademarks of To The Reader, Inc. Product names, logos, brands, and other trademarks featured or referred to within the Website are the property of their respective trademark holders. These trademark holders are not affiliated with To The Reader, the Authorgraph Service, or the Website. They do not sponsor or endorse To The Reader.
3.6 Third Party Services
3.7 Prohibited Uses
You may only use the Authorgraph Service as expressly permitted by To The Reader. Your right to access and use the Website is personal to you and is not transferrable by you to any person or entity. You may only use the Website and the Service for lawful purposes. You may not do any of the following to the Website:
a. Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the Website or a portion of the Website without To The Reader’s prior written consent, which consent may be withheld for any reason;
b. Use the Website in any manner that could damage, disable, overburden, disrupt or impair the Website or any To The Reader server, the network(s) connected to any To The Reader server, or interfere with any other party’s use and enjoyment of the Website;
c. Upload content on the Website on behalf of another or permit, enable, induce or encourage any third party to post content for you;
d. Upload content using any automated means or for you to develop, offer, market, sell, distribute or provide an automated means to perform any step of the uploading and sharing process (in whole or in part);
e. Disobey any applicable policies or regulations of networks connected to the Website;
f. Modify, adapt, translate or reverse engineer the Website or the Service;
g. Frame the Website or reformat it in any way;
h. Collect electronic mail addresses or other information from third parties by using the Authorgraph Service; or
i. Register to use the Service or create an Account (as defined below) using any automated means or under false pretenses.
4. Author Obligations
This Section 4 governs the relationship between To The Reader and Authors, and supplements, but does not replace, the obligations in these Terms of Service (including all of the policies and other Agreements described in these Terms of Service). The Website and the Authorgraph Service allows an Author to both interact with Readers by replying to a request for an Authorgraph.
4.2 Author Information and Eligibility
In addition to the requirements set forth in Section 3 of these Terms of Service, an Author may be required to provide additional information as requested by To The Reader, which typically includes the ASIN (Amazon Standard Identification Number) of e-books written by the Author that the Author would like to include in the Authorgraph service. Authors must provide this information promptly and in good faith, and must coordinate and cooperate with To The Reader’s reasonable requests for information.
4.3 Intellectual Property License
In addition to the Section 6 license grant, an Author also grants to To The Reader a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to (i) reproduce, display, and distribute any artwork, photographs, or editorial content relating to the Authors e-books, and (ii) to use the name and any attendant publicity rights of each Author, solely for the purposes of promoting the Authorgraph Service or for posterity in perpetuity within the Website or on the Authorgraph Service.
5. Reservation of Rights
To The Reader reserves the right, but does not assume the obligation, to monitor communications that occur through the Website or on the Authorgraph Service. If To The Reader determines, in its sole and absolute discretion, that you or another To The Reader user will breach a term or condition of these Terms of Service or that such communication is inappropriate, To The Reader may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Authorgraph Service
To The Reader reserves the right to modify the organization or structure of the Authorgraph Service of the Website, and may change, suspend, or discontinue any aspect of the Authorgraph Service at any time without any liability to you or any third party. To The Reader shall have complete discretion over the features, functions, and other terms and conditions on which the Authorgraph Service is offered.
6. Your Copyrighted Work
6.1 General License to Your Work
You acknowledge and agree that if you contribute, provide, or make available any content ("Content") to the Website, you hereby grant to To The Reader a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, and otherwise exploit Content, in whole or in part, in any media now known or hereafter developed, solely for the purposes of promoting the Authorgraph Service, or for posterity in perpetuity within the Website or on the Authorgraph Service.
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 any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Authorgraph Service should be sent to To The Reader, Inc., Attn: DMCA Agent, 3417 Evanston Ave. N. #313, Seattle, WA 98103, or by email at email@example.com.
7. Representations and Warranties
7.1 Mutual Representations and Warranties
You represent and warrant to To The Reader and To The Reader warrants to you: (i) that you or it has the full power and authority to enter into and perform these Terms of Service; (ii) the execution and performance of you or its obligations under these Terms of Service does not constitute a breach of conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms of Service are a legal, valid, and binding obligation of the party entering into these Terms of Service, enforceable in accordance with its terms and conditions.
7.2 By You
You represent and warrant to To The Reader that, in your use of the Authorgraph Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party; and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to To The Reader that: (i) there are no claims, demands, or any form of litigation pending, or to the best of your knowledge, threatened with any respect to any of your content; (ii) To The Reader will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that To The Reader incurs in providing the Authorgraph Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in Content will not cause injury to any third party; and (iv) Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions
TO THE READER PROVIDES THE WEBSITE AND THE AUTHORGRAPH SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE READER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, AUTHORGRAPH SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TO THE READER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE Terms of Service, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT.
9. Limitation of Liability
TO THE READER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE AUTHORGRAPH SERVICE OR THESE TERMS OF SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS OF SERVICE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED THE AMOUNT DIRECTLY INCURRED BY YOU THROUGH USE OF THE AUTHORGRAPH SERVICE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
You agree to indemnify and hold To The Reader and its employees, representative, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties alleging that you have breached any provision of these Terms of Service through any act or omission. If you are required to indemnify To The Reader under this Section 10, To The Reader will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any Claim without To The Reader’s express written permission.
11.1 Termination by To The Reader
In its sole discretion, with or without notice to you, To The Reader may: (i) suspend, limit your access to, or terminate your use of the Website and/or the Authorgraph Service; (ii) suspend, limit your access to, or terminate your account, (iii) remove any of your Content from To The Reader’s servers and directories, and (iv) prohibit you from using the Website and/or the Authorgraph Service.
11.2 Termination by You
As a Reader using the Authorgraph Service, you may terminate your account for any reason at any time by following the account deletion procedures in the account dashboard or by sending a request via electronic mail to firstname.lastname@example.org.
Notwithstanding Section 11.1 above, these Terms of Service will survive indefinitely unless and until To The Reader chooses to terminate these Terms of Service.
11.4 Effect of Termination
If you or To The Reader terminates your use of the Website or the Authorgraph Service, To The Reader may delete any content or other materials relating to your use of the Website or Authorgraph Service on To The Reader’s servers or otherwise in its possession and To The Reader will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to To The Reader, you must use the following addresses: To The Reader, Inc., 3417 Evanston Ave. N. #313, Seattle, WA 98103, or email@example.com. If To The Reader provides notice to you, To The Reader will use the contact information provided by you to To The Reader. All notices will be deemed received as follows: (i) if by delivery by U.S. Mail, five (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other non-delivery notice is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy the requirement.
13. Dispute Resolution
13.1 Binding Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [insert the desired place of arbitration] before one arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13.2 Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and To The Reader specifically agree to do so in writing following initiation of arbitration. This provision is not applicable to the extent such waiver is prohibited by law.
13.3 Right to Opt Out of Section 13 Class Action Waiver and Binding Arbitration
IF YOU DO NOT WISH TO BE BOUND BY THE CLASS ACTION WAIVER OR INDIVIDUAL ARBITRATION PROVISIONS IN THIS SECTION 13, YOU MUST NOTIFY TO THE READER IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO TO THE READER, INC., ATTN: ARBITRATION, 3417 EVANSTON AVE. N. #313, SEATTLE, WA 98103, OR SUPPORT@AUTHORGRAPH.COM, WITH "ARBITRATION" AS THE SUBJECT LINE AND MUST INCLUDE: (i) YOUR NAME, (ii) YOUR ADDRESS, (iii) YOUR AUTHORGRAPH USER NAME, IF YOU HAVE ONE, AND (iv) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TO THE READER THROUGH INDIVIDUAL ARBITRATION.
These Terms of Service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles. These Terms of Service (including all of the policies and other Agreements described in these Terms of Service, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege. You and To The Reader are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision of these Terms of Service, all of which will remain in full force and effect. The headings used throughout these Terms of Service are merely descriptive and not operative and have no legal or contractual effect.
15. Comments and Questions
If you have any comments or questions, you may address them to To The Reader, Inc., 3417 Evanston Ave. N. #313, Seattle, WA 98103, or firstname.lastname@example.org.