Book This Project
BOOK THIS PROJECT, LLC
Terms and Conditions of Use
Date of Last Revision: September 5, 2012
Welcome to Book This Project! Our mission is to help you take and print more photographs. You take the photographs. We make the books. Our service organizes your photographs into a polished and beautiful photo book.
In order to protect our design services, it is important for you to read and understand our Terms of Use.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED ON THIS SITE AND DO NOT MAKE ANY PURCHASES. YOUR PURCHASE OF PRODUCTS OR USING THIS SITE IMPLIES THAT YOU AGREE TO THESE TERMS.
The Book This Project (the “Site”) is owned and operated by BOOK THIS PROJECT, LLC (“BTP”). These Terms and Conditions of Use (“Terms of Use”) apply to your access to, and use of, the Site, your purchase of any books, templates, or other products (“Products”) from BOOK THIS PROJECT. Your use of the Site and the Services and your purchase of Products is subject to, and expressly conditioned upon your agreement to, these Terms of Use.
BTP reserves the right to modify or change any provision of these Terms of Use, and any policy or guideline governing your use of the Site, at any time in its sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of this Site or the Services or the purchase of any products following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Use to understand the terms and conditions applicable to your use of the Site or your purchase of any Products. If you do not agree to any changes or modifications to these Terms of Use, your sole recourse is to stop using the Site and the Services and to not make any purchases.
A. GENERAL TERMS
1. Privacy
BTP believes strongly in user privacy. Please refer to our Model Release. We will not use any of your photographs for marketing/advertising/business materials that are uploaded to the secure site without your explicit permission. If you sign the Model Release form and we use your photographs in BTP layouts, we will credit you as the photographer as indicated in the Model Release.
2. Copyright And Limited License
Title, copyright, intellectual property rights and distribution rights of BTP’s Products remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Products. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the BTP’s Products for use by one or more third parties, outside of their domicile or studio.
3. Copyright Complaints
BTP respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, we ask that you contact us at info@bookthisproject.com.
4. DISCLAIMER OF WARRANTIES
Review the individual product information for guidelines for guarantees, refunds or warranties.
For all book designs, you have final approval on all material before it is printed. After your approval, BTP is not responsible for typographical errors or omissions relating to content in your book design.
5. LIMITATION OF LIABILITY
In no event shall BTP or its affiliates, nor their members, employees or agents be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of data, whether in an action in contract, tort, or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from your reliance on any information obtained from BTP, or that results from mistakes, omissions, interruptions, deletion of files, or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of God, communication failure, theft, destruction or unauthorized access to BTP’s programs or services.
6. Indemnity
You agree to indemnify and hold harmless BTP and its affiliates, and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any product you purchase or download, including without limitation any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
7. Applicable Law
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the Commonwealth of Kentucky, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Fayette County, Kentucky and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
8. Severability
If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
B. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)
These Terms of Sale shall form a part of the Terms of Use applicable to your purchases of any Products from the Site. These Terms of Sale are subject to change without prior written notice at any time, in BTP’s sole discretion. By placing an order for Products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and BTP, these terms and conditions may NOT be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these terms and conditions. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.
1. Pricing; Payment Terms
All prices are listed in U.S. dollars and are valid until altered by us. BTP/BOOK THIS PROJECT currently accepts Paypal payments, VISA, MasterCard, Discover, and American Express credit cards. BTP reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. You agree to reimburse BTP for any and all costs incurred in collecting amounts owed by you to BTP, including, without limitation, attorneys’ fees and costs of collection agencies.
2. Return Policy
Refer to individual product information for the particular refund policy.
3. Product Availability and Pricing
BTP may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
4. Product Descriptions; Pricing; Errors
BTP attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
Book This Project
Privacy Statement
Date of Last Revision: September 5, 2012
BOOK THIS PROJECT (“Service Provider”) is strongly committed to protecting your privacy in using this website and in purchasing our books, templates or other products (“Products”). This Privacy Statement applies to the data that you provide to the Service Provider via this website. The Service Provider reserves the right, in their sole discretion, to modify and update this Privacy Statement at any time without notice to you. It is your responsibility to periodically check this Privacy Statement for any modifications, adjustments, or updates.
When you initially purchase or download any Product from us you must provide your name, billing and shipping addresses, email address, phone number, and credit card or paypal information. We will use this information to communicate with you regarding your order(s) and inquire regarding your satisfaction with the Product. We may from time to time use your information to notify you of product updates or new products. Any such communication will include information on how you may request to be removed from future mailings. Electing to be removed from these mailings will not impact your ability to use the Product or order goods and services offered by BOOK THIS PROJECT.
The confidentiality of our customers’ data is of the greatest importance to us. Our policy is to treat any information provided by customers with the utmost care and, subject to the other provisions of this Privacy Statement and BOOK THIS PROJECT Terms and Conditions of Use, to use our best efforts to maintain our customers’ confidentiality. As with all electronic transactions, however, the security of your data cannot be 100% guaranteed.
We do not sell, rent or share personal information with ANY third parties without your prior consent. We may share personal information with employees who assist us in performing internal functions necessary to operate our business. We do not record “cookies” from our site or any other personally identifiable information except for items specifically mentioned herein, and for identifying you in the shopping cart and download areas. This is simply to identify who has paid and downloaded the product.
THIS PRIVACY STATEMENT, INCLUDING THE POLICIES OUTLINED HEREIN, DOES NOT, NOR IS IT INTENDED TO CONSTITUTE A CONTRACT, NOR DOES IT CONFER ON YOU ANY CONTRACTUAL OR OTHER LEGAL RIGHTS.
If you have any questions or comments concerning this Privacy Statement, please contact us by e-mail at info@bookthisproject.com by regular mail at BOOK THIS PROJECT, 157 Lincoln Ave, Lexington, KY 40502.
BOOKTHISPROJECT.com
End User License Agreement
Date of Last Revision: September 5, 2012
License
1. Under this End User License Agreement (the “Agreement”), BOOK THIS PROJECT (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use BOOK THIS PROJECT Products. By using these products you are agreeing to these terms and conditions. Violation of these terms and conditions will result in punishment to the maximum extent of the law.
2. BOOK THIS PROJECT’s products include the templates and any related printed, electronic and online documentation and any other images, and videos that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of BOOK THIS PROJECT’s Products remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Products.
4. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the BOOK THIS PROJECT’s Products for use by one or more third parties, outside of their domicile or studio.
This means you may not:
-Sell these templates or executable presets to anyone for any reason in full or partial form.
-Claim these products as your own.
-Post any Product(s) or portion thereof or derived works to news groups, mail lists or electronic bulletin.
-Use products in any way not covered within these terms.
5. This Agreement grants a site license to the Licensee. The templates and/or software may be loaded onto a maximum of 5 personal computers in your home or photography studio. Your assistants or employees are not allowed to copy these products for their personal use.
6. Fonts: To edit text in these products you may need to purchase and/or locate additional fonts. Due to copyright laws we are unable to include the fonts with the products, so fonts used inside the products may not be available on your computer. You can find out how to download by emailing info@bookthisproject.com.
7. The BOOK THIS PROJECT’s Products may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
8. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
9. The original purchase price paid by the Licensee will constitute the license fee.
Limitation of Liability
1. Book This Project’s Product(s) are provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Product. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Products.
2. File Format: All products are delivered as INDD files inside a ZIP archive. Please make sure you can open ZIP files and edit inDesign INDD files before purchasing.
3: Printer Compatibility: All products will be furnished in an Abobe 98 color space. If this does not match your printer’s required color profile, you can easily convert this. Instructions on how to do this can be found in our Frequently Asked Questions section. The Book This Project will not be responsible for poor printing due to negligence on the Licensee’s part (for not converting to the chosen printer’s print profiles, not adhereing to the printers bleed or size requirements, not checking with the printer before ordering, or any other reason.) Compatibility with every printer is not guaranteed nor warranted.
4. Licensee should make a back-up disk of the Book This Project’s products in order to re-install should there be loss due to computer failure.
5. The Vendor makes no warranty expressed or implied regarding the fitness of the Product(s) for a particular purpose or that the Book This Project’s Product(s) will be suitable or appropriate for the specific requirements of the Licensee.
6. The Vendor does not warrant that use of the Book This Project’s Products will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
7. Returns/Refunds: All template sales are final.
User Support
E-mail support available by writing to info@bookthisproject.com with Product Name in the Subject Header.
Term
The term of this Agreement will begin on Acceptance and is in perpetuity.
Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Kentucky for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of Kentucky, the United States of America and International Intellectual Property Rights.
Miscellaneous
1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement.
4. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
