These my.Brazenbookshelf.com App Terms of Service (these “Terms”) apply to the features and functions provided by Brazenbookshelf.com. (“my.Brazenbookshelf.com,” “our,” or “we”) via my.Brazenbookshelf.com (the “Site”) (collectively, the “Services”). By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not allowed to use the Site or the Services. The “Effective Date” of these Terms is the date you first use the Site, or access any of the Services.
If you are using the Site or accessing the Services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to these Terms. For the purpose of these Terms, you (and, if applicable, the company or entity that you represent) will be referred to as “Customer” or “you”.
Brazenbookshelf.com reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the bottom of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.
Brazenbookshelf.com reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services, or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.
These Terms form a binding agreement between you and my.Brazenbookshelf.com. Violation of any of the Terms below will result in the termination of your account(s).
my.Brazenbookshelf.com creates and hosts social sign-up URLs. When accessing these URLs, we are acting as a data processor in accordance with the instructions of our customer, BrazenBookshelf.com. You will need to refer to the privacy policies of our customers to find out more about how such information is handled by them.
In order to use many aspects of the Services, you must first complete the my.Brazenbookshelf.com registration process via the Site. All information provided is incorporated into these Terms by reference.
You agree: (a) to provide accurate, current and complete information about you as part of the registration process (“Registration Data”); (b) to maintain the security of your password(s); (c) to maintain and promptly update your Registration Data, and any other information you provide to my.Brazenbookshelf.com, and to keep it accurate, current and complete; (d) to accept all risks of unauthorized access to your Registration Data, and any other information you provide to my.Brazenbookshelf.com, via your account(s) or password(s); (e) that you are responsible for maintaining the security of your account and safeguarding your password(s), and (f) that you will be fully responsible for any activities or transactions that take place using your account(s) or password(s), even if you were not aware of them.
Access to services
Subject to your continued compliance with these Terms, my.Brazenbookshelf.com grants you a limited, non-transferable, non-exclusive, revocable right and license to: (i) access and use the Services and its associated documentation, solely for your own internal business purposes, for the Contract Period for which you have paid the applicable Subscription Fees; and (ii) access and use any data or reports that we provide or make available to you as part of your access and use of the Services (collectively, “Reports”), solely in conjunction with your use of the Services. Reports are considered part of the applicable Services, for the purpose of the license granted above. You understand that my.Brazenbookshelf.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services, and you agree that my.Brazenbookshelf.com is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site or the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services or any Report (or any components thereof); (c) offer any part of the Services (including, without limitation, any Report) on a timeshare or service bureau basis; (c) allow or permit any third party to access or use the Services; (d) use the Site or the Services to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (e) build a competitive product or service, or copy any features or functions of the Site or the Services (including, without limitation, the look-and-feel of the Site or the Services); (f) interfere with or disrupt the integrity or performance of the Site or the Services; (g) disclose to any third party any performance information or analysis relating to the Site or the Services; (h) remove, alter or obscure any proprietary notices in or on the Site or the Services, including copyright notices; (i) use the Site or the Services or any product thereof for any illegal or unauthorized purpose, or in a manner which violates any laws or regulations in your jurisdiction; (j) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up the Services or any software, documentation, or data relating to the Services, except to the limited extent that applicable law prohibits such a restriction; or (k) cause or permit any third party to do any of the foregoing.
If you publish or upload data, images, code or content, or otherwise make (or allow any third party to make) material available by means of the Site or the Services (collectively, “Content”), you agree that you are entirely responsible for such Content, and for any harm or liability resulting from or arising out of that Content. Your responsibility applies whether or not the Content in question constitutes text, graphics, audio files, video files, computer software, or any other type of content, and whether or not you were the original creator or owner of the Content. You agree that you will be responsible for all Content on your account(s), even if placed there by third parties. By publishing or uploading Content to the Site or the Services, you represent and warrant that:
the Content does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party (where “Intellectual Property Rights” are defined as any patents, copyrights, moral rights, trademarks, trade secrets, or any other form of intellectual property rights recognized in any jurisdiction in the world, including applications and registrations for any of the foregoing);
you have obtained all rights and permissions necessary to publish and/or use the Content in the manner in which you have published and/or used it;
my.Brazenbookshelf.com’s use of the Content for the purpose of providing the Services (including, without limitation, downloading, copying, processing, or creating aggregations of the Content) does not and will not (i) violate any applicable laws or regulations, or (ii) infringe, violate, or misappropriate the Intellectual Property Rights of any third party;
you have fully complied with any third-party licenses relating to the Content;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code;
the Content does not and will not include any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless you have entered into a separate agreement with us relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, drivers’ license numbers or other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; or (iv) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense;
the Content is not spam, is not 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 for any other unlawful acts (such as phishing), or for misleading recipients as to the source of the material (such as spoofing);
the Content does not contain threats or incitement to violence, and does not violate the privacy or publicity rights of any third party;
the Content is not being advertised via unwanted electronic messages (such as, by way of example, spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods);
the Content is not named in a manner that misleads (or could mislead) third parties into thinking that you are another person or company (by way of example, your Content’s URL or name should not be confusingly similar to the name of another person or entity); and
you have, in the case of 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 the Services or otherwise.
By submitting or uploading Content to the Services, you grant my.Brazenbookshelf.com a worldwide, royalty-free, and non-exclusive license (i) to use, reproduce, modify, adapt and publish that Content for the purpose of providing the Services to you; and (ii) to create aggregations and summaries of the Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third party in support of our business (both during the period that these Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify you or your Content. If you delete Content, my.Brazenbookshelf.com will use reasonable efforts to remove it from the Services. You acknowledge, however, that cached copies or other references to the Content may still be available.
Without limiting any of your representations or warranties with respect to the Content, my.Brazenbookshelf.com has the right (but not the obligation) to reject or remove any Content, without liability or notice to you, that my.Brazenbookshelf.com believes, in my.Brazenbookshelf.com’s sole discretion: (i) violates these Terms or any my.Brazenbookshelf.com policy, (ii) violates or misappropriates the Intellectual Property Rights of any third party, or (iii) is in any way harmful or objectionable.
All of your Content will be deleted from the Services within a reasonable time period from when you cancel your account/subscription. Deleted Content cannot be recovered once your account/subscription is cancelled. We do not accept any liability for such loss. However, Customers can cancel anytime, no contract required.
YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. my.Brazenbookshelf.com DOES NOT WARRANT: (I) THAT THE SITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. my.Brazenbookshelf.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You agree, at your sole expense, to defend, indemnify and hold my.Brazenbookshelf.com (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your Content; (ii) your use of the Site or the Services; (iii) your failure to pay any taxes that you owe under these Terms; and (iv) any other actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein). You will not settle any such claim in any manner that would require my.Brazenbookshelf.com to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.
Limitation of Liability
IN NO EVENT WILL my.Brazenbookshelf.com’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO my.Brazenbookshelf.com IN SUBSCRIPTION FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN NO EVENT WILL my.Brazenbookshelf.com BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Ownership; Reservation of Rights
As between the parties: (i) you own all right, title and interest in and to your Content; and (ii) my.Brazenbookshelf.com owns all right, title and interest in and to the Site and the Services, and all Intellectual Property Rights therein. The look and feel of the Site and the Services, including any custom graphics, button icons, and scripts are also the property of my.Brazenbookshelf.com, and you may not copy, imitate, or use them, in whole or in part, without my.Brazenbookshelf.com’s prior written consent. my.Brazenbookshelf.com reserves all rights not expressly granted to you in these Terms, and my.Brazenbookshelf.com does not grant any licenses to you or to any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth herein.
You acknowledge that any suggestions, comments, or other feedback that you provide to my.Brazenbookshelf.com with respect to the Site, the Services, or any other my.Brazenbookshelf.com product or service (collectively, “Feedback”) will be owned by my.Brazenbookshelf.com, including all Intellectual Property Rights therein, and will be and become my.Brazenbookshelf.com’ Confidential Information (as defined below). You acknowledge and agree that my.Brazenbookshelf.com will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as my.Brazenbookshelf.com sees fit, without obligation or restriction of any kind. At our request and expense, you agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback.
Term, Termination and Effect of Termination
These Terms will apply to you starting on the Effective Date, and will continue for as long as you are accessing or using the Site or the Services.
my.Brazenbookshelf.com, in its sole discretion, has the right to suspend your ability to use and/or access the Site or the Services, without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Site or the Services, or any part thereof; (ii) if my.Brazenbookshelf.com believes that you are using the Site or the Services in violation of these Terms or applicable law; (iii) if my.Brazenbookshelf.com believes that your use of the Site or the Services poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; or (v) if you fail to fulfill your payment obligations hereunder. my.Brazenbookshelf.com also reserves the right to temporarily or permanently suspend your ability to access the Services, without liability, if my.Brazenbookshelf.com determines, in its sole discretion, that you are engaging in abusive or excessively frequent use of the Services.
Either of us can terminate these Terms upon notice to the other if the other party breaches any of these Terms and fails to cure the breach within fifteen (15) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate these Terms for cause immediately upon notice to you, and without giving you a cure period, if you breach any of these Terms relating to our intellectual property (including your compliance with the access grant and any restrictions) or our Confidential Information (defined below).
We can terminate any my.Brazenbookshelf.com account that you have access to, for any reason and without liability, by providing notice to you that we intend to terminate your Plan within a period of 90 days.
When these Terms terminate or expire: (i) you will no longer have the right to use or access the Site or the Services as of the date of termination/expiration; (ii) if you owed us any fees prior to such termination/expiration, you will pay those fees immediately; and (iii) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other.
my.Brazenbookshelf.com will provide you with email-based support – just write to our support desk at support@Brazenbookshelf.com. While we work hard to respond to you and resolve your issues quickly, we do not warrant that we will respond within any particular timeframe, or that we will be able to resolve your issue.