1.) Eligible Uses of Book Brush
Each paid or free account is for one author to use for their use only. Using one account for multiple author's books is prohibited and may lead to the termination of your account with no refund.
2.) Eligible Users
- Age - Must be 18 years old and legally capable of entering into contracts
- Contact Information/Registration - You must complete the registration process.
- Legal Use - All Members must affirm that they are using Book Brush in a legal manner that does not violate any laws or regulations.
Book Brush may change eligibility terms at any time and reserves the right to terminate any members account for any reason at any time.
3.) Password and Account Dispute Issues
Each member is responsible for keeping their account password details to themselves. Book Brush is not responsible for any losses or issues to your account related to hacked passwords. If an issue arises that multiple people are in dispute about who owns an account Book Brush will not get involved.
4.) Changes To Terms & Conditions
If Book Brush changes its terms in a significant way, we will notify you by email of the changes. The current Author/Member has 10 days to close their account before any new terms go into effect. If an Author/Member does not respond or close their account the new terms become effective. Significant changes are changes that will affect member authors directly.
5.) Yearly Plans and Pricing
The cost of a yearly plan with Book Brush is listed on our register page. Our yearly plans are pre-paid and for you to have access to the services you will need to pre-pay. Your account will be set to auto-renew each year on your pay date or as close as possible. We will recharge your credit card on file for the following year regardless of whether you actively use the service or not. Members will have the ability to cancel their account from re-charging at renewal by doing so in their “account” page.
6.) Payment Terms
Payment is due immediately upon subscription and invoice, and shall be due on a yearly basis thereafter, or such other routine billing cycle as may be agreed by the parties in writing. Client hereby authorizes such payments to be charged and made by automatic withdrawal from a United States bank or credit institution, such as a credit card, including any past due balances, accrued penalties or late charges, to bring Client’s account current. If payment is by credit card, the Client authorizes Book Brush to charge the credit card listed on the subscription form for those charges for services that may accrue or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Book Brush may charge the amount due to the provided card at any time. Client agrees to maintain a current, non-expired credit card on file for billing purposes.
7.) Free Plans
Book Brush reserves the right to give out free accounts. A Free account may restrict the amount of features available to authors on these plans. The Free plan can be given out to any author for any reason. Book Brush is not to be held if the Free Plan is not available when an author wants to sign up. The availability of the free plan will be determined by Book Brush depending on the resources available to serve these members. Book Brush can eliminate the free Plan or free accounts at any time with 30 day notice. If an author/member is on the free plan or account they will be given notice in email and their dashboard if the plan is eliminated. Anyone on the free plan can upgrade to a paid plan at any time. Customer Service may be limited to anyone on a free plan.
8.) Coupon Codes
Book Brush will occasionally supply coupon codes to certain authors. These coupon codes are given out by Book Brush and can be stopped at any time. Book Brush may give out these codes to whoever they want and for any reason. These codes can be for whatever discount the Book Brush team decides. The codes will be primarily used to gain new customers through the running of promotions.
We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us.
10.) Author/Member Remedies, Limitation of Liability
In the event of a default by Book Brush, the parties agree that the Client’s damages shall be limited to the fees paid to Book Brush pursuant to this Agreement, and that Client shall not be entitled to any further, incidental or consequential damages. The Author/Member assumes all responsibility for any loses or damages caused by the use of our software and services. Book Brush will not be held liable for anything more than the fees paid to use Book Brush’s service no matter what the circumstance may be including any negligence on Book Brush’s half. All Book Brush’s employees, owners, investors and independent contractors will be protected by this portion of the agreement also based on the above language and terms.
11.) Warranties of Author/Client
Client hereby warrants and covenants to Book Brush:
a. Use all Book Brush services for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State, or local government law, regulation, or ordinance is expressly prohibited. This includes but is not limited to, copyrighted or trademarked material, material legally determined to be threatening or obscene, or material protected by trade secret or other statute.
b. Author expressly represents that it has legal right to the books, images, and other works it references in Book Brush.
c. Author agrees to not transmit on or through Book Brush any sexually explicit or otherwise inappropriate images or material in Book Brush, including but not limited to images of drug use or nudity, any material that is in Book Brush’ sole discretion threatening, abusive, libelous, hateful, that encourages conduct that would constitute a criminal offense or give rise to civil liability, or any material that potentially jeopardizes the goals of Book Brush.
d. Author gives permission for Book Brush to use authors' created images for its marketing, advertising and public relations purposes.
Book Brush will not be responsible for the behavior of any advertisers, partners or other Author/Members actions. This includes any websites or services that Book Brush recommends or links to for Authors.
14.) Compliance With Laws
It is the Author/Members responsibility to ensure they are using Book Brush Services in compliance with all laws. Authors agree to indemnify and hold harmless Book Brush from any losses or lawsuits that result from an Author failing to comply with any law while using our services.
The software and services of Book Brush are also subject to U.S. export laws. Authors should not violate U.S. Export laws in downloading or exporting the services and software. Your use of the software and services are at your own risk.
15.) Notification of Security Breaches
If we find out there was a security breach to any member, we will notify you as soon as possible along with a description of what happened. The notification will come on the website and through email.
16.) Not A Partnership
Under no circumstances shall this Agreement be considered a contract of partnership or joint venture. Neither party shall be liable for any of the debts, accounts, obligations or other liabilities of the other party, its agents or employees, and neither party shall have any authority to obligate or bind the other party in any manner except as may be expressly provided herein.
17.) Force Majeure
If any event occurs whereby Book Brush’ performance hereunder is materially hampered, as a result (wholly or in part) of any cause not entirely within its control and which it could not by reasonable diligence have avoided, such as a fire or other Act of God, riot, labor strike, work stoppage, refusal to work, lock-out, slow-down, picketing, boycott, or any other concerted activities, whether engaged in by employees or non-employees of Book Brush, national or local emergency, or any other condition disabling Book Brush from performing its Services under this Agreement, accident, calamity, or other cause not entirely within Book Brush’ control (each a “Force Majeure”), Book Brush’ performance under this Agreement shall be suspended for the period of the Force Majeure, and Book Brush shall return to Client any advance payment made by Client for the affected period without any further liability or obligation on the part of Book Brush which arises out of such suspension.
18.) Attorneys’ Fees and Costs
In addition to the remedies provided elsewhere herein, in the event of a default by Client, Book Brush shall recover from Client Book Brush’ costs of collection and litigation, including but not limited to reasonable attorneys’ fees, expert witness fees, deposition costs, fees related to a subpoena and related travel expenses.
Client shall indemnify and hold harmless Book Brush, its officers, directors, shareholders, members, managers, employees, agents, heirs and assigns (the “Indemnitees”) from and against any cost, damage, claim, liability or expense occasioned by any negligent or wrongful act of Client or any of Client’s officers, directors, employees, invitees, or agents, and Client shall defend and protect the Indemnitees from and against the same at Client’s own cost and expense. This indemnification shall survive the expiration or earlier termination of this Agreement.
20.) No Warranty or Guaranty
Client expressly acknowledges that Developer/Book Brush makes no promises or warranties, whether express or implied, regarding the results of services provided, and hereby explicitly disclaims any warranties that may otherwise be implied by law, and that Book Brush does not guarantee any increase in revenue, sales or marketing performance as a result of Book Brush’ Services under this Agreement. We maintain the software and services on this website are “as is”.
Client may not transfer or assign its rights under this Agreement without Book Brush’ prior written consent.
22.) Choice of Law, Venue
This Agreement is entered into in the State of Illinois, County of McLean, and, in the event of any controversy or litigation, shall be subject to the jurisdiction of, and venue shall be proper in, the Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois, and governed by and construed in accordance with the laws of the State of Illinois, without regard to its principles of conflicts of laws.
23.) No Waiver
No waiver shall be effective unless in writing and executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver in respect of any subsequent breach or default, whether similar or dissimilar in nature, unless expressly so stated in writing.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Any amendments to this agreement will not be effective until an email being sent to members. Even if we do not take action immediately on violation of any terms, we still may take action at a further time.
26.) Change Requests
Book Brush will not make a change to the terms and agreements based on the request of a single author or member. If we decide to take action on the terms, it will apply to all authors/members and be announced by email and on our website.
Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Any headings preceding the text of the several sections, paragraphs or subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.
30.) Entire Agreement
This Agreement, including any and all exhibits hereto and links to other important pages, reflects the entire agreement between the parties respecting the subject matter hereof and supersedes any and all prior agreements, understandings or commitments, written or oral between the parties hereto. Any changes, alterations, additions or deletions to the printed contents of this Agreement shall be effective on the date published on the website and announced to members/Authors by email.