- You expressly own the rights to publish any ebooks you upload.
- We and PayPal each take our own cut and then forward your royalty to your PayPal account.
- Author PayPal accounts must be upgraded to a verified business account before receiving royalties.
- Your ebook isn't pornographic, illegal, does not contain a virus, etc.
- If you share your username and password, you will be blocked.
- ALL SALES ARE FINAL; NO REFUNDS ARE GIVEN.
- You have read and agree to the following terms...
Accepting These Terms
In order to use the services, you must first agree to these terms. You may not use the services if you do not accept these terms.
You can accept these terms by actually using the services. You understand and agree that Ooka Booka will treat your use of the services as acceptance of these terms from that point onwards.
You may not use the services and may not accept the terms if (a) you are not of legal age to form a binding contract with Ooka Booka, or (b) you are a person barred from receiving the services under the laws of the United States or other countries including the country in which you are resident or from which you use the services.
Provision of the Services by Ooka Booka
Ooka Booka is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Ooka Booka provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Ooka Booka may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Ooka Booka's sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform Ooka Booka when you stop using the services.
You acknowledge and agree that if Ooka Booka disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Ooka Booka may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by Ooka Booka at any time, at Ooka Booka's discretion.
Use of the Services by You
In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to Ooka Booka will always be accurate, correct and up to date.
You agree to use the services only for purposes that are permitted by (a) these terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Ooka Booka, unless you have been specifically allowed to do so in a separate agreement with Ooka Booka. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.
You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
Unless you have been specifically permitted to do so in a separate agreement with Ooka Booka, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
You agree that you are solely responsible for (and that Ooka Booka has no responsibility to you or to any third party for) any breach of your obligations under these terms and for the consequences (including any loss or damage which Ooka Booka may suffer) of any such breach.
Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services.
Accordingly, you agree that you will be solely responsible to Ooka Booka for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Ooka Booka (via the Get Satisfaction link in our footer) immediately. Your account may be blocked from the service if it generates suspicious activity and no refunds will be given.
Privacy and Your Personal Information
For information about Ooka Booka's data protection practices, please read Ooka Booka's privacy policy. This policy explains how Ooka Booka treats your personal information, and protects your privacy, when you use the services.
You agree to the use of your data in accordance with Ooka Booka's privacy policies.
Purchases and Refund Policy
Given that ebooks are artistic creations and beauty is in the eye of the beholder, all sales are final and no refunds are made by Ooka Booka. While all attempts are made to test various ebooks on various devices on hand, Ooka Booka is not responsible for ensuring that the ebook you purchase is compatible with your ebook reader. After a completed purchase, you will retain download rights for the ebook and format you purchased for the life of the website. You may lose access to download or re-download an ebook if Ooka Booka's website goes offline. You are responsible for your own data backups of your purchases on your own devices. Please contact us through the Get Satisfaction link on the bottom of the Ooka Booka website if you're having trouble with a purchase.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Ooka Booka (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Ooka Booka or by the owners of that Content, in a separate agreement.
Ooka Booka reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Ooka Booka has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Ooka Booka may suffer) by doing so.
Content License From You
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Ooka Booka a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is mainly for the purpose of enabling Ooka Booka to display, distribute and promote the Services, but is not limited to this purpose.
You agree that this licence includes a right for Ooka Booka to make such Content available to other companies, organizations or individuals with whom Ooka Booka has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Ooka Booka, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Ooka Booka to take these actions.
You understand that if you do not set a price for your creation or you set a price of $0, you will receive no compensation from Ooka Booka. Further, if you do set a price, you authorize Ooka Booka and PayPal to take a percentage of the sales price for their compensation as set forth in the chart on the Add a Book page on Ooka Booka's website. Your royalty per sale will be calculated by Ooka Booka and deposited into your PayPal Business Account at the completion of each transaction.
You may change the price of your creation at any time given that the Ooka Booka website is online. Nothing retroactively applies. If the site is online, you may also completely remove your creation from the Ooka Booka marketplace, but only if it has not sold. If it has sold, you may only prevent it from being sold again. This is because we always allow buyers to download their purchase in the future.
You confirm and warrant to Ooka Booka that you have all the rights, power and authority necessary to grant the above licence.
Exclusion of Warranties
You expressly understand and agree that your use of the services provided by this site is at your sole risk and that the services are provided "as is" and "as available."
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device 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 Ooka Booka or through or from the services shall create any warranty not expressly stated in the terms.
Ooka Booka further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
You expressly understand and agree that Ooka Booka and its affiliates shall not be liable to you for:
(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which Ooka Booka may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) Your failure to provide Ooka Booka with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
The limitations on Ooka Booka's liability to you in the paragraph above shall apply whether or not Ooka Booka has been advised of or should have been aware of the possibility of any such losses arising.
Advertisements
Some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, queries made through the services or other information.
The manner, mode and extent of advertising by Ooka Booka on the services are subject to change without specific notice to you.
In consideration for Ooka Booka granting you access to and use of the services, you agree that Ooka Booka may place such advertising on the services.
Other Content
The Services may include hyperlinks to other web sites or content or resources. Ooka Booka may have no control over any web sites or resources which are provided by companies or persons other than Ooka Booka.
You acknowledge and agree that Ooka Booka is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Ooka Booka is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Prohibited Activities
You may not use the Ooka Booka service for activities that:- violate any law, statute, ordinance or regulation
- depict or promote (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services
- (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs or (b) are for the sale of certain items before the seller has control or possession of the item
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to Ooka Booka immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can contact us using Get Satisfaction through the link at the bottom of our website.
Changes to These Terms
Ooka Booka may make changes to these terms at any time. You understand and agree that if you use the services after the date on which the terms have changed, Ooka Booka will treat your use as acceptance of the updated terms.
You agree that if Ooka Booka does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Ooka Booka has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ooka Booka's rights and that those rights or remedies will still be available to Ooka Booka.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Jurisdiction
These Terms, and your relationship with Ooka Booka under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and Ooka Booka agree to submit to the exclusive jurisdiction of the courts located within the county of Hamilton, Ohio to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Ooka Booka shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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