Terms & Conditions of Service
Ebooklingo is a place to gain insight, share knowledge and sell ebooks. Ebooklingo is a community where readers and authors can interact, ask questions, rate and buy ebooks from a broad range of topics and much more. You can learn from others and share what you know. This is the Ebooklingo User Agreement (the “Agreement”) that governs Ebooklingo.com. We hope you find these terms to be both clear and acceptable. By your use of the Site you signify your acceptance of this Agreement.
This Agreement applies to all users, members or non-members accessing the Site, is legally binding on you, and will affect your rights regarding information and material you post. If you upload or otherwise add any proprietary material to the Site, the terms applying to authors apply to you. The terms “you” and “your” refer to you, the author/user. The terms “Ebooklingo”, “Site”, “we”, “us”, and “our” refer to Ebooklingo.
1. Your account
To upload or edit your ebooks, profile and other products or services provided to you by Ebooklingo, you must first join and create an account (“Account”). By creating an Account, you agree the information you provide is accurate, current, and complete, and that you will keep it up to date. After creating your Account we give you the option to select a pen name (pseudonym) also known as a username; however we encourage our members to use their real name as it helps establish the credibility of your work and furthers your personal recognition. You are permitted to change your username when ever you like if available. You agree not to share or transfer your password or other Account access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of any passwords you create to access this Site.
All activities under your Account are your responsibility, and you agree not to share or transfer your Account in violation of this Agreement. Should you notice any unauthorized use of your Account, contact Ebooklingo immediately by filling out the Contact Us form and submitting it to us. Ebooklingo will not be responsible for any losses that you may incur as a result of someone else using your Account. Each person may only open one (1) Account. To contribute to the Site, you must be at least 13 years of age or older.
Once you have created your Account, we encourage you to finish filling out your “Profile Info”, “Contact Info”, “Social Links”, “Ebook Links” and “Additional Links” forms with your background information and links to your favorite sites, including your blog or website. We also encourage you to include information about other publications you have written, such as ebooks you have authored. Included information must comply with this Agreement and applicable law.
In order to maintain Ebooklingo as a trusted platform, we reserve the right to cancel the Account of members who engage in fraudulent behavior or other unacceptable activities contrary to this Agreement. In the event that Ebooklingo cancels your Account or your access to this Site because of fraudulent or other unacceptable activities (as defined by Ebooklingo) contrary to this Agreement (including but not limited to registration with multiple accounts, posting and uploading copyright violations, uploading duplicate ebooks under different titles on the site, attempted manipulation of the Ebooklingo rating system, generation of artificial traffic, or other violations of this Agreement, the law, or the legal rights of a third party), you agree that the license granted herein to content submitted by you shall not terminate, but you will agree to forfeit all rights you may have to your Account and to any then accrued or future earnings from the Site or by Ebooklingo with respect to any material you previously submitted. If Ebooklingo cancels your account, and you feel this was done in error, please contact us by filling out the Contact Us form and submitting it to us.
2. Your privacy on Ebooklingo
3. Rights to submitted ebooks and other content
Ebooklingo does not claim ownership of the content you submit on the Site. After publishing content on the Site, you (or a third party who permitted you to submit their content on the Site) continue to retain all ownership to the content, subject to the license terms described herein, and you continue to have the right to use the content in any way you choose.
- Grant of license: By submitting your content to Ebooklingo, you grant Ebooklingo (and any Ebooklingo successors-in-interest, subsidiaries, or parent companies), a worldwide, perpetual, irrevocable, transferable, non-exclusive, sub-licensable right and license to, in whole or in part, with or without attribution to you, use, copy, modify, edit, adapt, submit, publicly display/perform, translate, display, create derivative works from and/or license and/or distribute content posted to the Site. Ebooklingo’s rights to content you submit include the right to use your name or pen name as the author of your content; to use in any way the materials you submit on the Ebooklingo website or in other Ebooklingo media, whether now or hereafter created; to use for our own internal business purposes; and/or to reproduce and distribute the materials for Ebooklingo’s marketing and publicity purposes.
- Your representations and warranties regarding content: You represent that all statements you assert as fact are factual. You represent that the content you provide to Ebooklingo does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information in or connected to Ebooklingo.
4. Site usage requirements
When you purchase an ebook (that is not of your own creation) on Ebooklingo, you agree to the following site usage requirements:
- Non-commercial use/no distribution: You may display the ebooks purchased contained on the Site on your own personal computer or reading device solely for your personal and non-commercial use, you agree not to post any ebooks purchased from the Site to newsgroups, mail lists, electronic bulletin boards, or other forums on third-party websites. In addition, except as otherwise expressly authorized by Ebooklingo, you agree not to redistribute, sell, publish, broadcast, or create derivative works of any ebooks purchased from the Ebooklingo site to anyone (other than your own), including to persons in your same company or organization. Although you may not copy, post or re-publish entire works from Ebooklingo, you are allowed and encouraged to link to any content that exists on the site that is not restricted, password protected or that falls under any Agreement from Ebooklingo.
- Restrictions on modifying content: You agree not to modify, edit, or enhance any Ebooklingo or third-party content in any way, or to do any other act that would infringe upon the rights of the copyright owner. You agree not to remove or modify any copyright, trademark, or other proprietary notices that have been placed on the materials by the ebooks author or publisher.
- Agreement to view potentially controversial content: You understand and agree that by using the Site, you may be exposed to materials that you find offensive, indecent, or objectionable, and that the content may not be in accordance with the laws of your jurisdiction. You understand and acknowledge Ebooklingo is not responsible for the information, data, text or other materials that may appear in content submitted by you or by third parties on the Site. Opinions expressed in such content do not necessarily reflect the opinions of Ebooklingo. Ebooklingo does not necessarily review the content prior to posting, and does not endorse or edit such content.
- Acknowledgment of liability waiver: You understand and agree that neither Ebooklingo nor any other user makes any warranty as to the value or quality of the content you read or purchase. Information posted on Ebooklingo is intended solely for educational and entertainment purposes, and is not intended to be used as or substituted for medical, legal, or other professional advice or counsel. You understand and agree that this Site and the information contained herein does not constitute the practice or provision of any health care, medical, legal or other professional services. You specifically agree that Ebooklingo is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content of any other party or any infringement by any other party of another’s rights, including intellectual property rights.
- Agreement not to manipulate Ebooklingo rating system: Ebooklingo is designed to be a trusted platform for authors and readers to interact with one another as well as sell and buy ebooks and even rate and review other members and ebooks. We do our utmost to construct the rating system to eliminate any kind of cheating and manipulation. Any misconduct by you, including attempts to manipulate the rating of content on Ebooklingo will result in your immediate exclusion from Ebooklingo and the cancellation of your Account, at Ebooklingo’s sole discretion.
5. Ebook submission requirements and terms
The following list outlines the rules for ebook submissions on this Site. Please follow these rules; if you don’t, Ebooklingo will likely be forced to cancel your Account.
- Right to ebook: You must have all necessary rights to publish the ebook you provide to the Site. You represent and warrant that the works you submit are works of your own original authorship. If the ebook is not a work of your own original authorship, for example if you are submitting work as an agent or if your work contains third-party materials, you must have explicit written permission from the copyright owner before submitting the ebook to Ebooklingo. You are responsible for making sure your submission of the ebook, and the use as outlined herein by Ebooklingo, does not violate any copyright, trademark, trade secret or other rights or the privacy of others, including the right to transmit the ebook you provide to the Ebooklingo site and for Ebooklingo to publicly display the ebook.
- Compliance with the law: In submitting ebooks and other content on this Site, you agree to comply with all laws, statutes and regulations of your jurisdiction, all contracts to which you are a party, and all fiduciary obligations you may have (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Non-spamming policy: You may not encourage the sending of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc., either within the content you post, on the Site or otherwise.
- Ebooklingo’s disclaimer of obligation to law enforcement for legal infringements/waiver of certain liabilities: Ebooklingo shall make commercially reasonable efforts to provide security for its website, but will have no liability, vicarious, contributory, or otherwise, for any infringement of any of your intellectual property rights. You acknowledge that we do not control other users’ actions, including but not limited to their use of your content. We will have no liability to you for any user’s violation of these terms and no responsibility to you to enforce this Agreement for your benefit. You further understand and agree that Ebooklingo is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received by you or Ebooklingo.
You agree to indemnify and hold Ebooklingo, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim, damage, expense or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) materials that you submit, post, or upload to the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of this Agreement, (e) your violation of any rights of another party, or (f) violations to this Agreement or the rights of a third party by your dependents.
7. Ebooklingo intellectual property and proprietary rights
You acknowledge and agree that the materials available on the Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, the software used in connection with the Site, and any compilations of the foregoing (“Ebooklingo Content”) contain proprietary and confidential information that is the property of Ebooklingo and its licensors, and is protected by applicable U.S. and international intellectual property and other laws. Third-party content, including site user-posted content (including graphics, video clips, images, trademarks, trade names, characters), trademarks and copyrights is the property of the third parties that market or license that content, and is used by Ebooklingo subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law.
Unless expressly authorized in this Agreement or otherwise by Ebooklingo, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the Ebooklingo content in whole or in part, in any publications, in public performances, on websites other than this site, for any commercial purpose, in connection with products or services that are not those of Ebooklingo, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Ebooklingo and/or its licensors, that dilutes the strength of Ebooklingo’s or its licensor’s property, or that otherwise infringes Ebooklingo’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Site.
Except as expressly provided in this Agreement, you are not granted any rights or license to any intellectual property with respect to the Ebooklingo Site or its contents. Ebooklingo reserves all rights not expressly granted to you under the terms of this Agreement and Ebooklingo retains exclusive ownership of the Ebooklingo Site, the software used in connection with Ebooklingo and all intellectual property associated therewith, including the name “Ebooklingo,” the Ebooklingo logos.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please notify the proper authorities for reporting infringements of intellectual rights. Users who believe that user-posted content includes infringing materials should report it to Ebooklingo.
Ebooklingo's policy prohibits the use of copyrighted material in a manner that violates the copyright owner's rights. In general, this means that ebook content or any other type of content obtained from Ebooklingo must be used in accordance with the noted guidelines and without change or modification.
Authors, publishers, visitors, users, members and non-members should also be aware that there is significant personal exposure if they are found to be in violation of copyright laws. Anyone who violates copyright laws is legally liable and subject to possible fines.
8. Applicable law
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of California without application of its principles of conflicts of laws. By using this Site, you hereby agree that any and all disputes regarding this Agreement will be subject to the exclusive jurisdiction of the federal, state and local courts for Corona, California. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void or unenforceable, that provision is deemed severable from the remaining provisions of the Agreement and does not affect the validity and enforceability of any remaining provisions.
Different countries have different regulations. Ebooklingo makes no representations that the materials on this site are appropriate or legally available for use in locations outside the United States. If you are accessing this Site from jurisdictions where the contents of this site may be illegal, you are solely responsible for complying with all local laws regarding online conduct and acceptable content. By submitting information to this site, you understand and agree that by submitting your information you are transferring it from your country and submitting it to Ebooklingo’s servers in the United States.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
9. Modification to site or content
If we want to change the Site, our related services and functionalities, fees, payment structures, the terms of this Agreement, our selection of content, or the way we present content, we are free to do so at any time without any prior notice. Ebooklingo is a conduit for content you submit, and as such we have the right but not the obligation to screen or otherwise control any content posted on Ebooklingo. Ebooklingo retains the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Site for any reason, including if we believe it is in violation of this Agreement.
10. Modification or cancellation of your account
Ebooklingo has the right to cancel your account (or any part thereof), or to exclude you from the Site, if due to fraudulent or other unacceptable activities, at any time in our sole reasonable discretion, with or without prior notice. In case of cancellation, you agree that the license granted herein to content submitted by you shall not terminate, but you will agree to forfeit all rights you may have to your Account and to any then accrued or future earnings from the Site or by Ebooklingo with respect to any material you previously submitted. If we decide to cancel your account, the cancellation will not affect your remaining responsibilities to Ebooklingo according to this Agreement. If we cancel your account, you may not open a new one under your own or an alternate name/email address.
Ebooklingo may include through out the Ebooklingo Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the author, publisher, visitor, user, member and non-member may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. The author, publisher, visitor, user, member and non-member acknowledges and agrees that Ebooklingo is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. The author, publisher, visitor, user, member and non-member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
12. Disclaimer of warranties/limitation of liability
Ebooklingo makes no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content (whether Ebooklingo or user-submitted content), or its features, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and Ebooklingo makes no warranties regarding any transactions entered into through the Site or any service. Ebooklingo also makes no representations regarding the amount of time that any content will be preserved.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL EBOOKLINGO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES A SPECIFIC WAIVER BY EBOOKLINGO OF ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR TRANSMISSIONS OR CONTENT. DAMAGES AS USED HEREIN INCLUDE WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE EBOOKLINGO OR ANY MATERIALS THAT HAVE BEEN POSTED TO THE SITE, INCLUDING STATEMENTS OR CONTENT OF ANY THIRD PARTY OR YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. The entire agreement/no partnership
This Agreement constitutes the entire agreement between you and Ebooklingo and governs your use of the Site and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Ebooklingo with respect to the site and services. Both you and Ebooklingo acknowledge and agree that no partnership is formed and neither you nor Ebooklingo has the power or the authority to obligate or bind the other.
The failure of Ebooklingo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
15. Links to third-party websites
16. Links to other Websites
This Site facilitates access by hypertext links to other worldwide websites not maintained by or related to Ebooklingo. These hypertext-linked sites are entirely independent of this Site and shall not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by Ebooklingo of such site or entity or its respective products, services, information, materials, opinions or links to other sites.
Ebooklingo does not review or monitor such websites and is not responsible or liable for the content or accuracy thereof. The reproduction and use of any content linked from Ebooklingo is subject to the conditions that the respective website owners may impose, and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites that you visit from this Site.
17. Ebook downloads and export controls
Ebook that may be available in connection with this Site is further subject to United States export controls. No ebook may be downloaded from this Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using the ebook is at your sole risk.
18. Act of God
The failure of Ebooklingo to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Ebooklingo, shall not be deemed a breach of this Agreement.
19. Refunds & Returns Policy
Our Refunds & Returns Policy can be found at https://www.ebooklingo.com/refunds.
20. Purchase Orders
Once your payment has been approved your ebooks will be available for download for 2 weeks by going to your Account and viewing "Your Orders" web page and clicking on the "Download Ebook" link, which will take you to the available ebook formats available for download.
21. Promotional Plans & Subscriptions
We do not guarantee sales of any kind when using our subscriptions, services or promotional plans. We do not offer refunds on already processed payments – this policy is the same for all customers – and you are responsible for all charges in your subscriptions, services or promotional plans (even if you cancel payments immediately after your credit card is charged or even if you decided on subscriptions, services or promotional plans but don't use our product actively).
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
This Agreement constitutes a binding agreement between you and Ebooklingo, and is accepted by you upon your use of the Site. By joining Ebooklingo you represent that you are capable of entering into a binding agreement, and that you have reviewed this Agreement and agree to be bound by its terms. If you do not agree to this Agreement or its modifications, you should not view, use or visit our Ebooklingo in any way shape or form, which in turn will terminate this Agreement.