1.1 If you choose to use MightyBook.com service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and MightyBook.com.
1.2 Users of the Service are responsible for their use of the Service, and MightyBook.com assumes no liability regarding any use of the Service by any user, whether or not the user is registered as a subscriber or not.
1.3 MightyBook.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service. If any of these rules or any further changes are unacceptable to you, you may cancel your subscription by emailing Mightybook.com. Your use of the service now, or your continuing use of the service following any changes in this subscriber agreement, indicates acceptance of such rules, changes or modifications.
1.4 MightyBook.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. MightyBook.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. MightyBook.com CONTENT
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on or provided through the Service (including, but not limited to photographs, images, illustrations, audio clips, video clips and teacher guides, referred to in this Agreement as the "Content") are protected by copyright, and owned or controlled by MightyBook.com, the respective authors, publishers or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and the Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including Shockwave, Audio, Video or Flash files) in whole or in part.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 MightyBook.com contains links to other related World Wide Web Internet sites and resources. These remote sites are operated by third parties and not by MightyBook.com. MightyBook.com provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by MightyBook.com of the remote site or its Affiliates, or any materials contained within. Such sites are not under the control of MightyBook.com, and MightyBook.com is not responsible for the availability, accuracy, or any information, content, products or services accessible from such sites. You should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old or if you are less than 13 years old, you are using the Service through your teacher's or parents' account and with their permission.
4.2 MightyBook.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by MightyBook.com, any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
4.3 Except as expressly set forth herein, the service (including all content, multimedia files, functions, fee-based services, materials, and information made available therein or accessed by means thereof) is provided "as is", without warranties or any kind, either express or implied, including, but not limited to, warranties of title or implied merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extend permissible by law, MightyBook.com and the affiliates make no warranties and shall not be liable for the use of the service under any circumstances, including but not limited to negligence by MightyBook.com. MightyBook.com does not warrant that the functions contained in the services or the fee-based services will be uninterrupted or error-free, that defects will be corrected, that the service or fee-based services will meet any particular criteria of performance or quality, or that the service, or the server(s) on which the service is operated, are free of viruses or other harmful components.
4.4 Use of the service is at your own risk, you assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the service. Under no circumstances shall MightyBook.com or it's affiliates, or any provider of telecommunications or network services for MightyBook.com or the affiliates, be liable for any indirect, punitive, special or consequential damages that are directly or indirectly related to the use or, or the inability to use, the service or fee-based services, even if MightyBook.com, the affiliates of their providers of telecommunications or network services have been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any such limited remedy, the total liability of MightyBook.com and the affiliates hereunder limited to the amount, if any, actually paid by you for access and use of the fee-based services. You herein release MightyBook.com and the affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but you agree that such limitations shall apply to the fullest extent allowed by applicable law.
5. REGISTRATION AND SECURITY
5.1 As part of the registration process, you will select a password and use your email address as your unique subscriber ID. You also have to give MightyBook.com certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that MightyBook.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of MightyBook.com.
5.2 You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
5.3 You must be 13 years or older to subscribe to the Service and to provide us with any personal information; however, persons of all ages may use the Service. Thus, you may share your password and subscriber ID with others, subject to Section 5.4.
5.4 You are responsible for all usage or activity on your MightyBook.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at MightyBook.com's sole discretion, and MightyBook.com may refer you to appropriate law enforcement agencies.
6. FEES AND PAYMENTS
6.1 Access Fees: MightyBook.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. In no event will you be charged for such access unless we obtain your prior agreement to pay such charges. Thus, if at any time MightyBook.com requires a fee for any portions of the Service that are then currently free to you, MightyBook.com will give you advance notice of such fee and the opportunity to decline to pay such fee (and cancel your access) before such fee is charged. All fees, if any, can be easily accessed from the FAQs section of the Service and other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by MightyBook.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. If you do not pay the fee for access to fee-only areas of the Service, you will not have access to such areas.
6.2 Fees, Expiration Dates and Vendors: Current direct annual subscription fees and charges, if any, are posted on MightyBook.com under http://www.mightybook.com/amember/signup.php. You can check anytime before your account expires and get information about who manages your subscription and how to renew it by logging into your account.
6.3 Payment and Purchase Orders: At present, MightyBook.com accepts payment by credit card PayPal; or by checks/money orders/cashiers checks sent to the mailing address under FAQS as a means of payment for direct annual subscriptions. MightyBook.com also accepts purchase orders from individual schools, school districts or public libraries, with payment in full due within 30 days. No terms or conditions contained in any purchase order shall amend this Agreement or shall otherwise constitute an agreement between the parties. Failure to pay the subscription fee by the annual due date will result in the immediate cancellation of your subscription.
6.4 Automatic Renewal: When your annual subscription expires, Mightybook.com automatically renews the subscription and either charges your credit card or bills you, depending on how you originally signed up. MightyBook will send you an automatic email message to the email address you sign up under to notify you of the renewal.
6.5 Cancellations and Refunds: You may cancel your Mightybook.com subscription at anytime, but after the receipt of your payment, your subscription fee for the remaining annual term will not be refunded. If you never send payment, your subscription is automatically cancelled.
6.6 Fee Increases: Your annual subscription fee will not be changed during your annual subscription term. Mightybook.com reserves the right to change its fees at any time, but the new fee will not apply to you until your current annual subscription is renewed.
7. COMMUNICATIONS BETWEEN MightyBook.com AND SUBSCRIBERS
7.2 Mightybook.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). This includes any software that you downloaded from a link on the MightyBook.com site. You may not sublicense, assign or transfer any licenses granted by MightyBook.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
8.2 Software includes but is not limited to Flash, Shockwave, Audio and Video files
9. CANCELLATION OF SERVICES
9.1 You may terminate your account at any time, which makes your user name, password, and customized communications inactive. To cancel your subscription, email email@example.com. Upon confirmation of your desire to terminate your account, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for all charges, if any, incurred up to the time the account is deactivated.
9.2 MightyBook.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
10.1 This Agreement has been made in and shall be construed and enforced in accordance with Houston, Texas law. Any action to enforce this agreement shall be brought exclusively in the federal or state courts located in Houston, Texas. You consent to the personal jurisdiction of such courts.
10.3 Official correspondence must be sent to:
10906 Brentway Drive , Houston, TX 77070
Phone: (281) 955-9855
10.4 You agree to report any copyright violations of the Subscriber Agreement to MightyBook.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the MightyBook.com service, please notify MightyBook.com at the above address or firstname.lastname@example.org.