Terms of Use Agreement
Where Your Book Begins ("WYBB") is an online service that allows individuals to create WYBB
custom designed children's publications ("Books") incorporating text, photos, and other
materials the user submits to WYBB (collectively, "Content"). The services offered by WYBB
include the WYBB website located at
www.whereyourbookbegins.com (the "Site"), and any other
features, content, or applications offered from time to time by WYBB in connection with the
Site (collectively, the "WYBB Services"). The Site and the WYBB Services are owned by Where
Your Book Begins LLC.
This page states the Terms of Use Agreement ("Agreement") under which You may use the Site and
the WYBB Services offered on the Site. Please read this page carefully. By using this Site
and/or the WYBB Services, You agree to be bound by this Agreement, whether you are a "Visitor"
(meaning you simply browse the Site) or you are an "Account Holder" (meaning you have created
an account on the Site to use the WYBB Services). If You do not accept this Agreement, please
do not use this Site. WYBB may, in its sole discretion, revise this Agreement at any time;
therefore, You should visit this page periodically to review the Agreement.
User Eligibility
Use of the WYBB Services is void where prohibited. By using the WYBB Services, you represent
and warrant that (a) all registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 18 years of age or older;
and (d) your use of the WYBB Services does not violate any applicable law or regulation. Your
Account may be terminated without warning if we believe that you are less than 18 years of age.
The WYBB Services are for personal use only.
Term
This Agreement shall remain in full force and effect while you use the Site or are an Account
Holder. You may terminate your Account at any time, for any reason, by following the instructions
on the FAQ page. Even after your Account is terminated, this Agreement will remain in effect.
Returns
Books that have been purchased will be accepted for return only if they are damaged when You
receive them. If you receive a Book that is damaged in some way (missing, torn, or loose pages,
cover damage, etc.), we will be happy to provide a replacement copy. Please notify us by filling
out the Contact Us form describing the damage, and put the word "Return" in the subject line.
WYBB cannot accept responsibility for the quality of the Content you provide and insert into
Books (including misspelled words, grammatical errors, use of poor quality photos, etc.). You
will have the opportunity to review your work and approve it prior to publishing, and it is your
sole responsibility to do so. WYBB will not accept returns based on Content errors.
Gift Cards
WYBB Gift Cards may only be used for making purchases at
www.whereyourbookbegins.com -or- The
dollar value of your WYBB gift card is a pre-payment for the product online at
www.whereyourbookbegins.com. No credit card, credit line, overdraft protection or deposit
account is associated with a WYBB Gift Card. Unless otherwise required by law or permitted
by this Agreement, any amount on your WYBB Gift Card is non-refundable and may not be redeemed
for cash. No interest, dividends, or any other earnings on funds deposited to a WYBB Gift Card
will accrue or be paid or credited to you by Where Your Book Begins. There are no fees for
issuance, activation, or use of your WYBB Gift Card and your WYBB Gift Card has no expiration.
You can check the balance of your WYBB Gift Card online at
www.whereyourbookbegins.com/card.
To review your recent WYBB Gift Card transactions go to
www.whereyourbookbegins.com/card. You
may protect the balance on your WYBB gift card if lost, stolen or destroyed by registering it
at
www.whereyourbookbegins.com/card.
If your WYBB Gift Card is registered, we will replace
remaining card value at the time of lost, stolen or destroyed notification, provided you can
provide the original purchase receipt. WYBB is not responsible for unauthorized transactions
that occur prior to registration and notification of the loss or theft. Your card value is
only protected from the time you notify us that your card has been lost, stolen or destroyed.
We will freeze the remaining balance on your Card at the time you notify us and will load that
remaining value on a replacement Card.
To Contact us regarding a lost, stolen or destroyed card
click here.
Copyright Policy
When using this Site, WYBB requires Visitors and Account Holders to respect the intellectual
property rights we have in the Site's contents, such as text, graphics, images and other content
(the "Site Material"). WYBB also requires Visitors and Account Holders to respect the intellectual
property rights of others when submitting Content.
WYBB authorizes You to view and download a single copy of the Site Material for Your personal
use and to create one or more Books for personal use, using our text and graphics together with
the Content you provide. Unauthorized use of the Site Material violates copyright, trademark,
and other laws. You agree to retain all copyright and other proprietary notices contained in the
original Site Material on any copy You make of such material. You may not sell our Site Material
or the Books you create using our Site or reproduce, display, distribute, or otherwise use the
Site Material or Books in any way for any public or commercial purpose. Use of the Site Material
or publication of the Books on any other web site or in a networked environment is prohibited.
The names, marks and logos appearing on the Site or included in the Site Material are, unless
otherwise noted, trademarks owned by or licensed to WYBB.
With respect to Content you submit to WYBB, You represent and warrant at all times during the
term that: (i) you own such Content or otherwise have the right to grant the license set forth
in the section below (ii) submission of your Content to WYBB does not violate any copyright,
trademark, trade secret or other intellectual property right of any third party (iii) you have
obtained permission to use the image of each person (or, if applicable, their parent/guardian)
appearing in any photograph and/or visual image you submit to WYBB as part of your Content (iv)
submission of your Content to WYBB does not violate the privacy rights, publicity rights, or
any other rights of any person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any Content submitted by you to WYBB.
It is the policy of WYBB to terminate the Accounts of any Account Holders who repeatedly
infringe the copyright rights of others upon our receipt of proper notification from the
copyright owner or the copyright owner's legal agent.
We ask all WYBB members to inform us immediately if they have reason to suspect that any
material submitted by an Account Holder infringes someone's intellectual property rights.
If you believe your copyrighted work has been submitted to WYBB in a way that constitutes
copyright infringement, please provide our designated Copyright Agent with your name, address,
phone number, and email address, along with a statement that the infringing material is being
used without consent. WYBB's designated Copyright Agent for notice of claims of copyright
infringement can be reached as follows:
ATTN: Copyright Agent
Where Your Book Begins, LLC
511 Avenue of the Americas, #385
New York, N.Y. 10011
License for Content Submitted to WYBB
WYBB does not claim any ownership rights in the Content that You as an Account Holder submit to
WYBB through the Site or by other electronic and/or non-electronic means. By submitting your
Content to WYBB, however, you hereby grant to WYBB a non-exclusive, fully-paid, royalty free,
limited license to use, modify, and reproduce such Content solely in connection with the WYBB
Services for which you registered as an Account Holder. This license will continue until such
time as your Account is closed. This license does not grant WYBB the right to modify,
reproduce, distribute, publicly perform, publicly display, sell or license your Content or
Books outside of the WYBB Services for which you registered as an Account Holder.
Maintenance and Storage of Content Submitted to WYBB
Any Content You submit that WYBB stores on its web servers will be permanently removed upon the
earlier of (i) the shipment to You of the Books you ordered or (ii) the closure of Your Account.
Content submitted by non-electronic delivery means will also be returned upon the earlier of
(i) the shipment to You of the Books you ordered or (ii) the closure of your Account.
WYBB will
retain electronic versions of Your WYBB Products on our office computers until such time as you
decide to close your Account, after which they will be immediately and permanently removed from
our office computers.
Account Name and Password
Any Content you submit to WYBB will be accessible only to You and to WYBB. You are responsible
for maintaining the confidentiality of Your Account Name and Password, and are fully responsible
for all activities that occur under Your Account Name and Password with or without Your knowledge.
You agree to immediately notify WYBB of any unauthorized use of Your Account Name or Password or
any other breach of security. In any event where unauthorized use or access is suspected, your
Account may be suspended temporarily or terminated. WYBB cannot and will not be liable for any
loss or damage arising from your failure to provide us with accurate information or to keep your
Account Name and Password secure.
Conduct of Visitors and Account Holders
You agree that you will not use the Site or the WYBB Services to (i) submit Content that is
offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of
privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable
(ii) harm minors in any way, including, but not limited to, Content that violates child
pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors
engaged in sexual conduct (iii) upload or transmit any material which is likely to cause harm
to WYBB's web servers, office computers, or anyone else's computer systems, including but not
limited to that which contains any virus, code, worm, data or other files or programs designed
to damage or allow unauthorized access to the Site which may cause any defect, error,
malfunction or corruption to the Site (iv) impersonate any person or entity, or otherwise to
misrepresent your affiliation with a person or entity (v) interfere with or disrupt (or attempt
to interfere with or disrupt) this Site or web servers or networks connected to this Site, or
to disobey any requirements, procedures, policies or regulations of networks connected to this
Site (vi) provide any information to WYBB that is false or misleading, that attempts to hide
your identity or that you do not have the right to disclose.
WYBB reserves the right to terminate the Accounts of Account Holders and prevent their further
access to this Site for violating these terms or the law and reserves the right to remove any
Content from this Site. The violation of any of the terms and conditions set forth in this
Agreement shall result in the immediate revocation of Your right or license to use the Site
Material and obligates You to immediately destroy any copies of the Site Material in Your
possession.
Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules
and regulations, including without limitation, laws governing online conduct and the unlawful
export of software or technical data to restricted individuals or countries.
Communications With You
WYBB may communicate with You via email regarding Your use of the Site or Your submission of
Content. You agree to receive emails from WYBB, or its designee, necessary for the normal
functioning of the Site or in connection with WYBB Services.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WYBB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING
FROM LOST DATA) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WYBB IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
ALTHOUGH WYBB STRIVES FOR ACCURACY IN ALL ELEMENTS OF THE SITE MATERIAL, IT MAY CONTAIN
INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ARE RESPONSIBLE FOR THE ACCURACY AND PLACEMENT
OF ALL CONTENT YOU SUBMIT.
WYBB DOES NOT MONITOR OR CHECK INDIVIDUAL CONTENT PRIOR TO
PUBLICATION. WYBB CANNOT BE RESPONSIBLE FOR THE VIOLATION OF THESE TERMS BY VISITORS OR
ACCOUNT HOLDERS, OR FOR THE RELIANCE BY VISITORS OR ACCOUNT HOLDERS UPON FALSE OR MISLEADING
MATERIAL SUBMITTED BY OTHER VISITORS OR ACCOUNT HOLDERS. WYBB MAKES NO REPRESENTATIONS ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL ON THIS SITE OR ABOUT
THE RESULTS TO BE OBTAINED FROM USING THE SITE OR FROM RELYING ON ITS MATERIAL. YOU USE THE
SITE AND ITS MATERIAL AT YOUR OWN RISK.
WYBB DOES NOT WARRANT THAT (I) THE SITE WILL OPERATE ERROR-FREE (II) THE WEB SITE AND ITS
WEB SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS OR OTHER HARMFUL MATERIAL (III) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
WYBB OR IN CONNECTION WITH WYBB SERVICES WILL MEET YOUR EXPECTATIONS. IF YOUR SUBMISSION OF
CONTENT AND USE OF THE SITE OR THE SITE'S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING,
WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT, DATA, AND SUBMITTED CONTENT,
WYBB SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
YOUR USE OF THIS SITE, ITS MATERIAL, AND THE WYBB SERVICES ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. WYBB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless WYBB, its officers,
directors, employees and agents, from and against any and all losses, claims, damages, costs
and expenses (including reasonable legal and accounting fees) that WYBB may become obligated
to pay arising or resulting from Your use of the Site Material, the Content you provide or
Your breach of this Agreement. WYBB reserves the right to assume or participate, at Your
expense, in the investigation, settlement and defense of any such action or claim.
Governing Law
These Terms and Conditions are governed by the substantive laws of the State of New York,
without respect to its conflict of laws principles. You agree to submit to the jurisdiction
of the courts situated in New York with respect to any dispute, disagreement, or cause of
action related to or involving this Web Site. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any of this Agreement shall be deemed a
further or continuing waiver of such term or any other term. Except as expressly provided
elsewhere on our Site, this Agreement constitute the entire agreement between You and WYBB
with respect to Your use of this Site and the WYBB Services.
Please consult our
Privacy Policy for additional terms and
conditions that apply to your use of and access to the Site.
