Introduction
This website, and all other EarlyAccess, Inc. websites, including but not limited to http://ebookpie.com and http://slicebooks.com, which may be encountered via the Internet (individually a “Site” or collectively, the “Sites”), are operated by EarlyAccess, Inc. (“EarlyAccess”). EarlyAccess provides its Sites to You subject to the following Terms of Use (these “Terms”). By using the Sites, You or, in the case that You represent and are accessing or using the Sites on behalf of a company or other entity, that company or other entity (in either case, “You”) agree to be bound by these Terms. EarlyAccess, may, in its sole discretion, modify these Terms without notice to You. Therefore, please continue to review these Terms when using the Sites. By continuing to access and use the Sites after these Terms have been modified, You are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, You shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
Description of Service
The Sites allow users to research, review, purchase, and/or order various entertainment, educational and other products and services featured on the Sites (collectively, the “Products”), including, but not limited to, eBooks, eChapters, slicing, and remixing. The Sites also allow users to access EarlyAccess customer accounts, create and share “Wish Lists”, upload and download content, and access third-party websites offering products and services. The services, features and products EarlyAccess offers to users on the Sites may be referred to herein collectively as the “Services”. Unless expressly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to these Terms.
Purchasing Products
If You make a purchase from the Sites, You are transacting with EarlyAccess, and Your rights to any purchased items transfers to You immediately upon download. If You make a purchase from any third-parties advertised on or linked to from the Sites, You are not purchasing a product or service from EarlyAccess. You agree that neither EarlyAccess, nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Sites.
The purchase and download of any product or service from the Sites, is non-refundable and may not be returned. All sales of downloadable material are final. EarlyAccess will provide a refund for any product that has been cancelled by the publisher or third-party supplier upon written notification to EarlyAccess within 7 working days of purchase. In addition to these Terms, any purchase or download will be subject to any terms and conditions displayed in connection with the purchase or download. Purchases made through the Sites or Services may be subject to additional fees or charges which are also non-refundable. All information that You provide in connection with a purchase or other transaction through the Sites or Services will be accurate complete and current. You authorize EarlyAccess (or a company chosen to act on behalf of EarlyAccess) to charge the credit card, debit card, or other payment method provided in connection with any transaction You make on the Sites or through the Services and will pay all charges incurred in connection with any such transaction.
Registration
You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products, using an online shopping cart, or using our “Wish List” pages. If You choose to register on the Sites, or if You otherwise provide information on the Sites, You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If You provide any information to EarlyAccess that is false, inaccurate, outdated or incomplete, or if EarlyAccess has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, EarlyAccess has the right to suspend or terminate Your account and to prohibit any and all current or future use of the Services (or any portion thereof) by You.
Privacy
Any registration or other information You provide to EarlyAccess is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by this reference.
Member Account and Password
If You choose to register for an account with EarlyAccess, You will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify EarlyAccess of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. EarlyAccess (and its affiliated companies) cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
Submissions
EarlyAccess may provide users with the ability to submit, publish, provide or upload, articles, posts, comments, opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, “Submissions”) through the Sites. You represent and warrant that all Submissions are original, accurate and current and that You have the rights necessary to provide the Submissions to the Sites. Unless otherwise agreed to by You and EarlyAccess, in addition to the rights granted to You under this Agreement, nothing entitles You to any other compensation or consideration for any Submissions. You agree and warrant that You will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party’s rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that You will not submit any Submission that is protected by copyright, patent, or other proprietary rights of a third party without obtaining permission from such third party.
Unless otherwise stated in any separate terms or conditions relating to any Submissions You enter into directly with EarlyAccess (“Separate Terms”), You agree that any Submissions submitted by You through the Sites will be deemed non-proprietary and non-confidential, and may be used by EarlyAccess without restriction. Without limiting the foregoing, by offering any Submissions through the Sites (except as set forth in any Separate Terms), You grant to EarlyAccess the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that You may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to You. You further agree that all “moral rights” that You may have in any submitted content have been voluntarily waived by You.
EarlyAccess reserves the right, in our sole discretion, to choose to include or not include any Submission on any Site for any reason. In addition, we may remove any Submission which in our sole discretion violates these Terms or any applicable Separate Terms without prior notice. EarlyAccess is not responsible for screening, monitoring or verifying any Submissions (subject to the “Copyrights and Copyright Agent” paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of EarlyAccess. EarlyAccess does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites.
EarlyAccess Content on the Site, Proprietary Use
You acknowledge that all content, data and information on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the “EarlyAccess Content”), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All EarlyAccess Content is owned by EarlyAccess and/or its suppliers or licensors, all rights reserved. Subject to Your compliance with these Terms and any applicable Separate Terms, during the term of this Agreement EarlyAccess grants You a non-exclusive, personal, non-transferable, non-sublicensable limited license solely to access and reproduce the EarlyAccess Content, without modification, for Your own personal or business purposes, as applicable, in accordance with these Terms and any applicable Separate Terms. All EarlyAccess Content received or made available through the Site is subject to these Terms and any applicable Separate Terms.
Except as stated herein, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the EarlyAccess Content in any form or by any means, without the prior written permission of EarlyAccess or the respective intellectual property owner. You may not modify or adapt the EarlyAccess Content in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and You may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Sites (including, without limitation, EarlyAccess, eBookPie, Slicebooks, and any Marks associated with any Products) are the sole property of EarlyAccess and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of EarlyAccess or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of EarlyAccess and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of EarlyAccess. EarlyAccess will enforce its intellectual property rights to the fullest extent of the law.
Separate Terms
Any Separate Terms entered into by You and EarlyAccess are applicable only as expressly stated in those Separate Terms. For any EarlyAccess Content or Submissions clearly indicated to be subject to any Separate Terms, the Separate Terms will apply to that EarlyAccess Content or Submissions in addition to these Terms. All other EarlyAccess Content or Submissions available or accessible through the Sites may be used only under these Terms. Nothing in these Terms limits Your rights or obligations under any applicable Separate Terms.
Links and Third Party Content
Links on the Sites to third-party websites are provided to enhance Your EarlyAccess experience and to provide You with the opportunity to utilize value-added entertainment and content. If You use these links, You will leave the Sites. Any information You provide to these third-party websites while on these third-party websites is subject to the respective third-party’s privacy policy, and not EarlyAccess Privacy Policy. EarlyAccess does not control any such third-party websites. You agree that neither EarlyAccess nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for Your use or inability to use such websites. EarlyAccess does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give to any third-party sites. You will use these links at Your own risk.
Without limiting the foregoing, Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. You agree that neither EarlyAccess nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Sites.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, EARLYACCESS, AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “EARLYACCESS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, EARLYACCESS MAKES NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EARLYACCESS CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EARLYACCESS OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EARLYACCESS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EARLYACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.
If You are dissatisfied with any EarlyAccess Content, the Sites or with any of EarlyAccess’s terms and conditions, Your sole and exclusive remedy is to discontinue using EarlyAccess’ Sites and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold EarlyAccess and its subsidiary companies harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms or Your violation of any law or the rights of a third party.
Intended Audience
Unless otherwise specified, the EarlyAccess Content are presented solely for the purpose of promoting products available in the United States and its territories and possessions. EarlyAccess controls and operates the Sites from its offices located in the State of Colorado in the United States of America. EarlyAccess makes no representation that EarlyAccess Content contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
EarlyAccess does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. EarlyAccess relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses the EarlyAccess Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.
Copyrights and Copyright Agent
EarlyAccess respects the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, You may notify our designated copyright agent by email at [email protected] or by mail to:
EarlyAccess, Inc.
3230 Boulder Circle, Suite 201
ATTN: Legal Department – Copyright Infringement Agent
Broomfield, CO 80023
Please provide EarlyAccess’ copyright agent with the following information:
1. a description of the copyrighted work or other intellectual property that You claim has been infringed;
2. a description of the allegedly infringing work and where it is located on the Site;
3. Your name, address, telephone number, and email address;
4. a statement by You that You have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner, its agent, or the law;
5. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
6. Your electronic or physical signature.
Termination
EarlyAccess reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms and/or Your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including Your breach of these Terms or other conduct by You that EarlyAccess considers inappropriate. EarlyAccess reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither EarlyAccess nor any of its subsidiary companies shall be liable to You or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Sites and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertisers or third-parties. You agree that neither EarlyAccess nor its subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.
Governing Law
These Terms shall be exclusively governed by and construed in accordance with the laws of the State of Colorado within the United States of America without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EarlyAccess makes no representation that these Terms comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of Your use of the Site(s), You agree not to transfer, by electronic transmission or otherwise, any EarlyAccess Content derived from the Sites and/or Services in violation of any laws.
Notices
By use of the Sites and/or Services, You consent to receive electronic communications from EarlyAccess (via email or via a posting on the Sites), and You agree that any such communications satisfy any legal requirement to make such communications in writing.