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%3c%21DOCTYPE html PUBLIC %22-//W3C//DTD HTML 4.01//EN%22 %22http%3a//www.w3.org/TR/html4/strict.dtd%22%3e %3chtml%3e%3chead%3e %3cmeta http-equiv%3d%22Content-Type%22 content%3d%22text/html%3b charset%3dutf-8%22%3e %3cmeta http-equiv%3d%22Content-Style-Type%22 content%3d%22text/css%22%3e %3ctitle%3e%3c/title%3e %3cmeta name%3d%22Generator%22 content%3d%22Cocoa HTML Writer%22%3e %3cmeta name%3d%22CocoaVersion%22 content%3d%221038.32%22%3e %3cstyle type%3d%22text/css%22%3e p.p1 %7bmargin%3a 0.0px 0.0px 0.0px 0.0px%3b font%3a 12.0px Helvetica%7d p.p2 %7bmargin%3a 0.0px 0.0px 0.0px 0.0px%3b font%3a 12.0px Helvetica%3b min-height%3a 14.0px%7d %3c/style%3e %3c/head%3e%3cbody%3e %3ch1%3eUSER AGREEMENT%3c/h1%3e %3ch2%3e%3cspan class%3d%22p2%22 style%3d%22font-size%3a 16px%3b %22%3e%3c/span%3e%3cfont style%3d%22font-size%3a 16px%3b %22%3eWhat Follows is Long and Detailed%2c But Here is a Summary%3a%26nbsp%3bBy purchasing or downloading any of the fabulous ebooks on this website you agree that you are old enough and smart enough to do so. You promise to use the products personally%2c only%2c and not to bootleg or distribute them otherwise. We keep your information safe%2c and you conduct yourself with respect and maturity on this site. Have fun enjoying the content on Bookshooter and read on if you want the deep details...%3c/font%3e%3cspan style%3d%22font-weight%3a normal%3b font-size%3a medium%3b %22%3e%3c/span%3e%3c/h2%3eTHIS IS A LEGAL AGREEMENT BETWEEN THE “USER” %28THAT’S YOU IF YOU USE THE WEBSITE OR DOWNLOAD A PRODUCT THAT BOOKSHOOTER SELLS%29 AND “BOOKSHOOTER” %28THAT’S US%2c THE CONSIGNMENT SELLER OR BROKER OF THE CONTENT%29 AND THE “LICENSORS” %28THE CONTRIBUTING AUTHORS AND PUBLISHERS THAT UPLOADED THEIR CONTENT HERE%29 THAT IT REPRESENTS%2c STATING THE TERMS THAT GOVERN YOUR USE OF THE BOOKSHOOTER WEBSITE AND THE “SERVICE” IT PROVIDES BY BROKERING THE Content HEREIN REFERRED TO AS “CONTENT.”%26nbsp%3bTHIS AGREEMENT – TOGETHER WITH ALL UPDATES%2c ADDITIONAL TERMS%2c CONTENT PURCHASE%2c AND ALL OF BOOKSHOOTER’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND BOOKSHOOTER. BY USING THE SERVICE%2c YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS%2c DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU%3a CHANGES%2c ADDITIONS%2c OR DELETIONS ARE NOT ACCEPTABLE. BOOKSHOOTER RESERVES THE RIGHT%2c AT ITS SOLE DISCRETION%2c TO CHANGE%2c MODIFY%2c ADD OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. BOOKSHOOTER MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. %3ch2%3e1. Definition of the BOOKSHOOTER Service. %3c/h2%3e%3cp%3eBOOKSHOOTER is the provider of the Service that permits you to purchase an ebook as a customer or to distribute the ebook as an online retailer under certain terms and conditions as set forth in this Agreement.%3c/p%3e %3ch2%3e2. Age Requirements. %3c/h2%3e%3cp%3eThe Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18%2c you should review this Agreement with your parent or guardian to make sure that your parent or guardian understands this Agreement. BOOKSHOOTER sells ebooks for all ages%2c but the purchase of any Content from the Internet is intended for adults%2c those of age to make sound financial judgments%2c or those under the watchcare of those capable of making such decisions.%3c/p%3e %3ch2%3e3. Objectionable Material. %3c/h2%3e%3cp%3eEven though BOOKSHOOTER exercises a policy to refuse distribution of materials it deems to be unlawful%2c harmful%2c threatening%2c abusive%2c harassing%2c tortuous%2c defamatory%2c vulgar%2c obscene%2c libelous%2c invasive of another’s privacy%2c hateful%2c or racially%2c ethnically or otherwise objectionable it makes no guarantee that by using the Service you may not encounter content that may be deemed offensive%2c indecent or objectionable%2c which content may or may not be identified as having explicit language. Nevertheless%2c you agree to use the Service at your sole risk and that BOOKSHOOTER shall have no liability to you for content that may be found to be offensive%2c indecent or objectionable. Content types and descriptions are provided for convenience%2c and you acknowledge and agree that BOOKSHOOTER does not guarantee their accuracy.%3c/p%3e %3ch2%3e4. Safety Information.%3c/h2%3e%3cp%3e A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns%2c including while watching videos. Symptoms may include dizziness%2c nausea%2c involuntary movements%2c loss of awareness%2c altered vision%2c tingling%2c numbness%2c or other discomforts. Consult a doctor before watching videos%2c including the promotional videos found on this website%2c if you have ever suffered these or other symptoms linked to seizures and/or epilepsy%2c and stop watching immediately and see a doctor if these or similar symptoms occur while watching videos. Parents and guardians should monitor their children for signs of symptoms.%3c/p%3e %3ch2%3e5. System Requirements.%3c/h2%3e%3cp%3e Use of the Service requires one or more compatible devices%2c Internet access %28fees may apply%29%2c and certain software %28fees may apply%29%2c and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware%2c software and Internet access%2c your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements%2c which may be changed from time to time%2c are your responsibility. The Service is not part of any other product or offering%2c and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.%3c/p%3e %3ch2%3e6. Your Information.%3c/h2%3e%3cp%3e You agree to provide accurate%2c current and complete information required to register with the Service and at other points as may be required in the course of using the Service %28“Registration Data”%29. You further agree to maintain and update your Registration Data as required to keep it accurate%2c current and complete. BOOKSHOOTER may terminate your rights to any or all of the Service if any information you provide is false%2c inaccurate or incomplete. You agree that BOOKSHOOTER may store and use the Registration Data you provide %28including credit card and other payment information%29 for use in maintaining your account and billing fees to your credit card or other form of payment.%3c/p%3e %3ch2%3e7. Account and Password. %3c/h2%3e%3cp%3eThe Service may require you to open an account %28“Account”%29 %28including setting up a BOOKSHOOTER ID and password%29. You are entirely responsible for maintaining the confidentiality of your account information%2c including your password%2c and for any and all activity that occurs under your Account. You agree to notify BOOKSHOOTER immediately of any unauthorized use of your Account%2c or any other breach of security. However%2c you may be held liable for losses incurred by BOOKSHOOTER or any other user of the Service due to someone else using your Account. BOOKSHOOTER cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.%3c/p%3e %3ch2%3e8. Security. %3c/h2%3e%3cp%3eYou understand that the Service%2c and Content transacted through the Service%2c such as ebooks and digital articles %28“Content”%29%2c may include a security framework using technology that protects digital information and limits your usage of Content to certain usage rules established by BOOKSHOOTER and its licensors %28“Usage Rules”%29. You agree to comply with such Usage Rules%2c as further outlined below%2c and you agree not to violate or attempt to violate any security components. You agree not to attempt to%2c or assist another person to%2c circumvent%2c reverse-engineer%2c decompile%2c disassemble%2c or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by BOOKSHOOTER for compliance purposes%2c and BOOKSHOOTER reserves the right to enforce the Usage Rules with or without notice to you. You agree not to access the Service by any means other than through software that is provided by BOOKSHOOTER for accessing the Service. You shall not access or attempt to access an Account at any time without the express permission and consent of the holder of that Account. You agree not to modify the software in any manner or form%2c or to use modified versions of the software%2c for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.%3c/p%3e %3ch2%3e9. Product Requirements. %3c/h2%3e%3cp%3eYou acknowledge that use of any of the Content may require the use of other hardware and software Content%2c and that such hardware and software is your responsibility. Content may only be downloaded once%3b provided%2c however that upon a technological malfunction preventing the successful download of any of the Content%2c you shall be allowed up to three opportunities to successfully download the Content within one week after your purchase thereof. After being successfully downloaded%2c Content cannot be replaced if lost for any reason. Once Content are purchased and you receive the Content%2c it is your responsibility not to lose%2c destroy or damage the Content%2c and BOOKSHOOTER shall be without liability to you in the event of any loss%2c destruction or damage.%3c/p%3e %3ch2%3e10. Use of Content. %3c/h2%3e%3cp%3eThe Content is sold%2c pursuant to the terms of this Agreement. BOOKSHOOTER acting as an agent of THE Contributor %28the owner of the Content%29 and provides you with the content under these “Usage Rules”%3a%3c/p%3e%3col%3e%3cli%3eAcceptance of Agreement. Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.%3c/li%3e%3cli%3ePermitted Uses. Subject to the restrictions described under Prohibited Uses below%2c the following are “Permitted Uses” of the Content%3a PERSONAL USE ONLY.%3c/li%3e%3cli%3eProhibited Uses. Any other use of the Content not explicitly listed as “Permitted Uses” is explicitly forbidden. In the interest of clarity%2c any of the following%2c without limitation%2c are “Prohibited Uses” of the Content%3a%3c/li%3e%3cli%3eAny copying%2c reproducing%2c sublicensing%2c sub-distributing%2c reselling%2c renting%2c lending%2c re-printing%2c transferring%2c gifting or assigning of any of the Content or the rights to any of the Content for any purpose%3b%3c/li%3e%3cli%3eUsing the title or subtitle of any of the Content as the title of an item that incorporates such Content%3b%3c/li%3e%3cli%3eUsing any of the Content%2c including titles or subtitles%2c or any other part of any of the Content%2c as part of a trademark%2c service mark%2c or logo%3b%3c/li%3e%3cli%3eRemoving any notice of copyright%2c trademark or other proprietary right from any place where it is on or embedded in any of the Content%3b or%3c/li%3e%3cli%3eUsing or displaying any of the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.%3c/li%3e%3c/ol%3e %3ch2%3e11. Acceptance of Terms. %3c/h2%3e%3cp%3eYou agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules%2c and that any other use of the Content may constitute a copyright infringement. The security technology%2c if applicable%2c is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. In addition to any other terms or rules that may have been established between you and another party%2c BOOKSHOOTER reserves the right to modify the Usage Rules at any time.%3c/p%3e %3ch2%3e12. Changes and Discontinuation. %3c/h2%3e%3cp%3eYou acknowledge that some aspects of the Service%2c Content%2c and administering of the Usage Rules entails the ongoing involvement of BOOKSHOOTER. Accordingly%2c in the event that BOOKSHOOTER changes any part of the Service or discontinues the Service%2c which BOOKSHOOTER may do at its election%2c you acknowledge that you may no longer be able to use Content to the same extent as prior to such change or discontinuation%2c and that BOOKSHOOTER shall have no liability to you in such case.%3c/p%3e %3ch2%3e13. Interactive Features. %3c/h2%3e%3cp%3eThe Service may offer interactive features that allow you to%2c among other things%2c submit or post information%2c materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features%2c including any information%2c materials or links submitted or posted by you%2c shall be your sole responsibility%2c shall not %28a%29 infringe or violate the rights of any other party%2c %28b%29 violate any laws%2c %28c%29 contribute to or encourage infringing or otherwise unlawful conduct%2c or %28d%29 otherwise be obscene%2c objectionable or in poor taste%2c and that you have obtained all necessary rights%2c licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover%2c you hereby grant BOOKSHOOTER a worldwide%2c royalty-free%2c non-exclusive license to use such materials as part of the Service%2c and in relation to Content%2c without any compensation or obligation to you. BOOKSHOOTER reserves the right not to post or publish any materials%2c and to delete%2c remove or edit any material%2c at any time%2c in its sole discretion without notice or liability. BOOKSHOOTER has the right%2c but not the obligation%2c to monitor any information and materials submitted or posted by you or otherwise available on the Service%2c to investigate any reported or apparent violation of this Agreement%2c and to take any action that BOOKSHOOTER in its sole discretion deems appropriate.%3c/p%3e %3ch2%3e14. Agreement to Pay.%3c/h2%3e%3col%3e%3cli%3ePayment for Content. You agree to pay for all Content you purchase through the Service%2c and that BOOKSHOOTER may charge your credit card or other payment source for any Content purchased and for any additional amounts %28including any taxes%29 as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BOOKSHOOTER WITH A VALID CREDIT CARD OR OTHER PAYMENT SOURCE DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card%2c or other payment source%2c you designate during the registration process. If you want to designate a different credit card or payment source%2c or if there is a change in your credit card or payment source%2c you must change your credit card or payment information with the Service. %28There may be a temporary disruption of your access to the Service until BOOKSHOOTER can verify validity of the new credit card or other payment information.%29%3c/li%3e%3cli%3ePrices and Availability. Prices and availability of any of the Content are subject to change at any time.%3c/li%3e%3cli%3eElectronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make your transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE BOOKSHOOTER WEBSITE%2c INCLUDING NOTICES OF CANCELLATION%2c POLICIES%2c CONTRACTS AND APPLICATIONS.%3c/li%3e%3cli%3eDisclaimer. BOOKSHOOTER DOES NOT PROMISE THAT THE SERVICE OR ANY Content WILL BE ERROR-FREE OR UNINTERRUPTED%2c OR THAT ANY DEFECTS WILL BE CORRECTED%2c OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND THE Content ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. BOOKSHOOTER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BOOKSHOOTER DISCLAIMS ALL WARRANTIES%2c EXPRESS OR IMPLIED%2c INCLUDING ANY WARRANTIES OF ACCURACY%2c NON-INFRINGEMENT%2c MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKSHOOTER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS%2c OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST BOOKSHOOTER FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCT IS TO STOP USING THE SERVICE OR ANY SUCH PRODUCT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.%3c/li%3e%3c/ol%3e %3ch2%3e15.Use of Site.%3c/h2%3e%3col%3e%3cli%3eProhibited Technology. You may not use any “deep-link%2c” “page-scrape%2c” “robot%2c” “spider” or other automatic device%2c program%2c algorithm or methodology%2c or any similar or equivalent manual process%2c to access%2c acquire%2c copy or monitor any portion of the Service or any of the Content%2c or in any way reproduce or circumvent the navigational structure or presentation of the Service or any of the Content%2c to obtain or attempt to obtain any materials%2c documents or information through any means not purposefully made available through the Service.%3c/li%3e%3cli%3eHacking. You may not attempt to gain unauthorized access to any portion or feature of the Service%2c or any other systems or networks connected to the Service or to any BOOKSHOOTER server%2c or to any of the materials or Content offered on or through the Service%2c by hacking%2c password “mining” or any other illegitimate means.%3c/li%3e%3cli%3eConduct. You agree not to use the Service to%3a %28i%29 upload%2c post or otherwise transmit any material that is unlawful%2c harmful%2c threatening%2c abusive%2c harassing%2c tortuous%2c defamatory%2c vulgar%2c obscene%2c libelous%2c invasive of another’s privacy%2c hateful%2c or racially%2c ethnically or otherwise objectionable%3b %28ii%29 impersonate any person or entity%2c including%2c without limitation%2c a BOOKSHOOTER official%2c or falsely state or otherwise misrepresent your affiliation with a person or entity%3b %28iii%29 forge or otherwise manipulate identifiers in order to disguise the origin of any material%2c %28iv%29 upload%2c post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships %28such as inside information%2c proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements%29%3b %28v%29 upload%2c post or otherwise transmit any material that infringes any patent%2c trademark%2c trade secret%2c copyright or other intellectual property of other proprietary rights of any party%3b %28vi%29 upload%2c post or otherwise transmit any unsolicited or unauthorized advertising%2c promotional materials%2c “junk mail%2c” “spam%2c” “chain letters%2c” “pyramid schemes%2c” or any other form of solicitation%3b %28vii%29 upload%2c post or otherwise transmit any material that contains software viruses or any computer code%2c files or programs designed to interrupt%2c destroy or limit the functionality of any computer software or hardware or telecommunications equipment%3b or %28viii%29 interfere with or disrupt BOOKSHOOTER or its servers or networks connected to the Service or disobey any requirements%2c procedures%2c policies or regulations of networks connected to BOOKSHOOTER and the Service. BOOKSHOOTER and its designees shall have the right to remove any material that violates this Agreement or is otherwise objectionable.%3c/li%3e%3cli%3eCompliance with Laws. You may not use the Service or any of the Content for any purpose that is unlawful or prohibited by this Agreement%2c or to solicit the performance of any illegal activity or other activity which infringes the rights of BOOKSHOOTER or others.%3c/li%3e%3c/ol%3e %3ch2%3e16. Intellectual Property.%3c/h2%3e %3col%3e%3cli%3eOwnership. You agree that the Service%2c including but not limited to the Content%2c graphics%2c audio clips%2c video clips and editorial content%2c contains proprietary information and material that is owned by BOOKSHOOTER and/or its licensors%2c including THE ContributorS %2c and is protected by applicable intellectual property and other laws%2c including%2c without limitation%2c copyright%2c and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means%2c except as expressly permitted hereunder. You agree not to modify%2c rent%2c lease%2c loan%2c sell%2c distribute or create derivative works based on the Service%2c in any manner%2c and you shall not exploit the Service in any unauthorized way whatsoever%2c including%2c without limitation%2c by trespass or burdening network capacity.%3c/li%3e%3cli%3eRemoval of Content or Materials. Notwithstanding any other provision of this Agreement%2c BOOKSHOOTER and its licensors reserve the right to change%2c suspend%2c remove%2c or disable access to any Content%2c content%2c or other materials comprising a part of the Service at any time without notice. In no event will BOOKSHOOTER be liable for the removal of or disabling of access to any such Content%2c content or materials under this Agreement. BOOKSHOOTER may also impose limits on the use of or access to certain features or portions of the Service%2c in any case and without notice or liability.%3c/li%3e%3cli%3eCopyrights. All copyrights in and to the Service%2c including%2c without limitation%2c the BOOKSHOOTER Store %28including the compilation of content%2c postings%2c links to other Internet resources and descriptions of those resources%29 and software%2c are owned by BOOKSHOOTER and/or its licensors%2c who reserve all rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE%2c EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT%2c IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES%2c INCLUDING POSSIBLE MONETARY DAMAGES%2c FOR COPYRIGHT INFRINGEMENT.%3c/li%3e%3cli%3eTrademarks. BOOKSHOOTER%2c the BOOKSHOOTER logo and other BOOKSHOOTER trademarks%2c service marks%2c graphics and logos used in connection with the Service are trademarks or registered trademarks of BOOKSHOOTER in the United States and/or other countries. Other trademarks%2c service marks%2c graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.%3c/li%3e%3cli%3eeBook Cover Art. BOOKSHOOTER may provide you with limited access to download certain ebook cover art%2c subject to availability. Such access is provided as an accommodation only%2c and BOOKSHOOTER does not warrant or endorse and does not assume and will not have any liability or responsibility for such ebook cover art or your use thereof. You may only access ebook cover art %28to the extent available%29 for Content for which you are the lawful owner of a legal copy. ebook cover art is provided for personal%2c noncommercial use only. You agree that you will not use ebook cover art in any manner that would infringe or violate this Agreement or the rights of any other party%2c and that BOOKSHOOTER is not in any way responsible for any such use by you.%3c/li%3e%3cli%3eCopyright Infringement. Should you become aware of any possible copyright infringement by any of the Content on the Service%2c you agree to give prompt notice of the possibly infringing Content to BOOKSHOOTER.%3c/li%3e%3c/ol%3e %3ch2%3e17. Termination.%3c/h2%3e%3cp%3e If you fail%2c or BOOKSHOOTER suspects that you have failed%2c to comply with any of the provisions of this Agreement%2c including%2c without limitation%2c failure to make payment of fees due%2c failure to provide BOOKSHOOTER with a valid payment source or with accurate and complete Registration Data%2c failure to safeguard your Account information%2c violation of the Usage Rules or any license to the software%2c or infringement or other violation of third parties’ rights%2c BOOKSHOOTER%2c in its sole discretion and without notice may%3a %28a%29 terminate this Agreement and/or your Account%2c and you will remain liable for all amounts due under your Account up to and including the date of termination%3b and/or %28b%29 terminate the license to the software%3b and/or %28c%29 preclude access to the Service %28or any part thereof%29.%3c/p%3e %3ch2%3e18. General Compliance with Laws.%3c/h2%3e%3cp%3e The Service is controlled and operated by BOOKSHOOTER from its offices in Woodland Park%2c Colorado%2c United States. You agree to comply with all local%2c state%2c federal and national laws%2c statutes%2c ordinances and regulations that apply to your use of the Service.%3c/p%3e %3ch2%3e19. Enforcement of These Terms.%3c/h2%3e%3cp%3e BOOKSHOOTER reserves the right to take steps BOOKSHOOTER believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement %28including%2c without limitation%2c BOOKSHOOTER’s right to cooperate with any legal process relating to your use of the Service and/or Content%2c and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party’s rights%29. You agree that BOOKSHOOTER has the right%2c without liability to you%2c to disclose any Registration Data and/or Account information to law enforcement Contributorities%2c government officials%2c and/or a third party%2c as BOOKSHOOTER believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement %28including%2c without limitation%2c BOOKSHOOTER’s right to cooperate with any legal process relating to your use of the Service and/or Content%2c and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party’s rights%29.%3c/p%3e %3ch2%3e20. No Responsibility for Third-Party Materials or Websites%3c/h2%3e%3cp%3eThe Service may contain links to other independent third-party Websites %28“Linked Sites”%29. These Linked Sites are provided solely as a convenience to you. You acknowledge and agree that BOOKSHOOTER is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. BOOKSHOOTER does not warrant or endorse and does not assume and will not have any liability or responsibility for the Linked Sites%2c or for any other materials%2c Content or services of third parties. You agree that you will not use any of the Linked Sites in a manner that would infringe or violate the rights of any other party%2c and that BOOKSHOOTER is not in any way responsible for any such use by you.%3c/p%3e %3ch2%3e21. Limitation of Liability. %3c/h2%3e%3cp%3eExcept where prohibited by law%2c in no event will BOOKSHOOTER be liable to you for any indirect%2c consequential%2c exemplary%2c incidental or punitive damages%2c including lost profits%2c even if BOOKSHOOTER has been advised of the possibility of such damages. If%2c not withstanding the other provisions of this Agreement%2c BOOKSHOOTER is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any of the Content%2c BOOKSHOOTER’s liability shall in no event exceed the greater of %28a%29 the total of any sale price of Content or similar fees with respect to the Service paid in the year prior to the date of the initial claim made against BOOKSHOOTER%2c or %28b%29 One Hundred U.S. Dollars %28%24100.00%29.%3c/p%3e %3ch2%3e22. Indemnification. %3c/h2%3e%3cp%3eBY USING THE SERVICE%2c YOU AGREE TO INDEMNIFY AND HOLD BOOKSHOOTER%2c ITS MEMBERS%2c DIRECTORS%2c OFFICERS%2c EMPLOYEES%2c AFFILIATES%2c AGENTS%2c CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT%2c YOUR USE OF THE SERVICE%2c OR ANY ACTION TAKEN BY BOOKSHOOTER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.%3c/p%3e %3ch2%3e23. Attorneys’ Fees. %3c/h2%3e%3cp%3eIf BOOKSHOOTER does take any legal action against you as a result of your violation of this Agreement%2c BOOKSHOOTER will be entitled to recover from you%2c and you agree to pay%2c all reasonable attorneys’ fees and costs of such action%2c in addition to any other relief granted to BOOKSHOOTER. You agree that BOOKSHOOTER will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement.%3c/p%3e %3ch2%3e24. Miscellaneous.%3c/h2%3e%3col%3e%3cli%3eGoverning Law%3b Mediation. You agree that all matters relating to your access to or use of the Service%2c including all disputes%2c will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in El Paso County%2c Colorado%2c and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within one year after the cause of action arises%2c or such claim or cause of action is barred. In the event of any controversy or dispute between BOOKSHOOTER and you arising out of or in connection with your use of the Service%2c the parties shall attempt%2c promptly and in good faith%2c to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time %28not to exceed thirty %2830%29 days%29%2c then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation%2c then the parties shall be free to pursue any right or remedy available to them under applicable law.%3c/li%3e%3cli%3eExport Laws. You may not use or export or re-export any of the Content or any copy or adaptation of such Content in violation of any applicable laws or regulations%2c including%2c without limitation%2c United States export laws and regulations.%3c/li%3e%3cli%3eSeverability. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable%2c such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the parties hereunder%2c so that this Agreement shall remain in full force and effect.%3c/li%3e%3cli%3eEntire Agreement. This Agreement constitute the entire agreement between you and BOOKSHOOTER with regard to your use of the Service and any of the Content%2c and any and all other written or oral agreements or understandings previously existing between you and BOOKSHOOTER with respect to such use are hereby superseded and cancelled.%3c/li%3e%3cli%3eNo Waiver. BOOKSHOOTER’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by BOOKSHOOTER of any provision or any right it has to enforce the terms of this Agreement%2c nor shall any course of conduct between BOOKSHOOTER and you or any other party be deemed to modify any provision of this Agreement.%3c/li%3e%3cli%3eNo Third Party Rights. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.%3c/li%3e%3c/ol%3e %3ch2%3e25. Use of Content We Sell or Distribute%3a%3c/h2%3e%3col%3e%3cli%3eThe Content %28ebooks%29 are licensed%2c not sold%2c pursuant to the terms of this Agreement. Bookshooter hereby grants to you a perpetual%2c nonexclusive%2c non-transferable worldwide license to use the Content once downloaded in compliance with the following “Usage Rules.”%3c/li%3e%3cli%3eAcceptance of Agreement. Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.%3c/li%3e%3cli%3ePermitted Uses. Subject to the restrictions described under Prohibited Uses below%2c the following are “Permitted Uses” of the Content%3a Personal use and entertainment applications%2c including%2c without limitation%2c reading online%2c reading on an ebook reader or electronic device%2c or printing on a personal printer in order to read%3b%3c/li%3e%3cli%3eModification or alteration of the Content as necessary%2c subject to the terms of this Agreement%2c and provided that if such modification or alteration constitutes a derivative work%2c you WILL acquire any copyright ownership or equivalent rights in or to any of the Content or any other property presented through Bookshooter or its licensors and you shall only use such derivative work in accordance with the terms of a written Agreement acquired before such use from the copyright holder of the original work. No derivative works or duplication and distribution is permitted without written contract with the copyright holder unless such use is outlined in this agreement%3b%3c/li%3e%3c/ol%3e %3ch2%3e26. Prohibited Use.%3c/h2%3e%3cp%3e Any other use of the Content not explicitly listed in section 25%2c above%2c is explicitly forbidden. In the interest of clarity%2c any of the following%2c without limitation%2c are “Prohibited Uses” of the Content%3a%3c/p%3e%3col%3e%3cli%3eAny sublicensing%2c sub-distributing%2c reselling%2c renting%2c lending%2c transmitting%2c transferring%2c gifting or assigning of any of the Content or the rights to any of the Content for any purpose without written license from the original copyright holder%3b%3c/li%3e%3cli%3eUsing the title or subtitle of any of the Content as the title of an item that incorporates such Content%3b%3c/li%3e%3cli%3eCopying or reproducing any of the Content%2c except as specifically provided for in the terms of this Agreement%3b%3c/li%3e%3cli%3eUsing any of the Content%2c including titles or subtitles%2c or any other part of any of the Content%2c as part of a trademark%2c service mark%2c or logo%3b%3c/li%3e%3cli%3eUsing any of the Content to compete with Bookshooter. Bookshooter is in the business of licensing ebooks to its customers and to retail distributors. It is the specific intent of this provision to prohibit you from using any of the Content to enter%2c either directly or indirectly%2c a similar or competing business%3b%3c/li%3e%3cli%3eUsing any of the Content in a fashion that is considered by Bookshooter as or under applicable law is considered pornographic%2c obscene%2c immoral%2c infringing%2c defamatory or libelous in nature%2c or that would be reasonably likely to bring any person or property reflected in such Content into disrepute%3b%3c/li%3e%3cli%3eRemoving any notice of copyright%2c trademark or other proprietary right from any place where it is on or embedded in any of the Content%3b or%3c/li%3e%3cli%3eUsing or displaying any of the Content in an electronic format that enables it to be downloaded or distributed or shared in any peer-to-peer or similar free%2c file sharing arrangement.%3c/li%3e%3c/ol%3e %3ch2%3e27. Acceptance of Terms.%3c/h2%3e%3col%3e%3cli%3eYou agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules%2c and that any other use of the Content may constitute a copyright infringement. The security technology%2c if applicable%2c is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. In addition to any other terms or rules that may have been established between you and another party%2c Bookshooter reserves the right to modify the Usage Rules at any time.%3c/li%3e%3cli%3eChanges and Discontinuation. You acknowledge that some aspects of the Service%2c Content%2c and administering of the Usage Rules entails the ongoing involvement of Bookshooter. Accordingly%2c in the event that Bookshooter changes any part of the Service or discontinues the Service%2c which Bookshooter may do at its election%2c you acknowledge that you may no longer be able to use Content to the same extent as prior to such change or discontinuation%2c and that Bookshooter shall have no liability to you in such case.%3c/li%3e%3cli%3eInteractive Features. The Service may offer interactive features that allow you to%2c among other things%2c submit or post information%2c materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features%2c including any information%2c materials or links submitted or posted by you%2c shall be your sole responsibility%2c shall not %28a%29 infringe or violate the rights of any other party%2c %28b%29 violate any laws%2c %28c%29 contribute to or encourage infringing or otherwise unlawful conduct%2c or %28d%29 otherwise be obscene%2c objectionable or in poor taste%2c and that you have obtained all necessary rights%2c licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover%2c you hereby grant Bookshooter a worldwide%2c royalty-free%2c non-exclusive license to use such materials as part of the Service%2c and in relation to Content%2c without any compensation or obligation to you. Bookshooter reserves the right not to post or publish any materials%2c and to delete%2c remove or edit any material%2c at any time%2c in its sole discretion without notice or liability. Bookshooter has the right%2c but not the obligation%2c to monitor any information and materials submitted or posted by you or otherwise available on the Service%2c to investigate any reported or apparent violation of this Agreement%2c and to take any action that Bookshooter in its sole discretion deems appropriate.%3c/li%3e%3c/ol%3e %3ch2%3e28. Intellectual Property Rights%3a%3c/h2%3e%3col%3e%3cli%3eOwnership. You agree that the Service%2c including but not limited to the Content%2c graphics%2c audio clips%2c video clips and editorial content%2c contains proprietary information and material that is owned by Bookshooter and/or its licensors%2c and is protected by applicable intellectual property and other laws%2c including%2c without limitation%2c copyright%2c and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means%2c except as expressly permitted hereunder. You agree not to modify%2c rent%2c lease%2c loan%2c sell%2c distribute or create derivative works based on the Service%2c in any manner%2c and you shall not exploit the Service in any unauthorized way whatsoever%2c including%2c without limitation%2c by trespass or burdening network capacity.%3c/li%3e%3cli%3eRemoval of Content or Materials. Notwithstanding any other provision of this Agreement%2c%26nbsp%3bBookshooter%26nbsp%3band its licensors reserve the right to change%2c suspend%2c remove%2c or disable access to any Content%2c content%2c or other materials comprising a part of the Service at any time without notice. In no event will%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3bbe liable for the removal of or disabling of access to any such Content%2c content or materials under this Agreement.%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3bmay also impose limits on the use of or access to certain features or portions of the Service%2c in any case and without notice or liability.%3c/li%3e%3cli%3eCopyrights. All copyrights in and to the Service%2c including%2c without limitation%2c the%26nbsp%3bBookshooter%26nbsp%3bwebstore %28including the compilation of content%2c postings%2c links to other Internet resources and descriptions of those resources%29 and software%2c are owned by%26nbsp%3bBookshooter%26nbsp%3band/or its licensors%2c who reserve all rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE%2c EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT%2c IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES%2c INCLUDING POSSIBLE MONETARY DAMAGES%2c FOR COPYRIGHT INFRINGEMENT.%3c/li%3e%3cli%3eTrademarks. %26nbsp%3bBookshooter%2c the%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3blogo and other%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3btrademarks%2c service marks%2c graphics and logos used in connection with the Service are trademarks or registered trademarks of%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3bin the United States and/or other countries. Other trademarks%2c service marks%2c graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.%3c/li%3e%3cli%3eAlbum Cover Art. %26nbsp%3bBookshooter%26nbsp%3bmay provide you with limited access to download certain book cover art%2c subject to availability. Such access is provided as an accommodation only%2c and%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3bdoes not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access book cover art %28to the extent available%29 for ebooks for which you are the lawful owner of a legal copy. Book cover art is provided for personal%2c noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party%2c and that%26nbsp%3b%26nbsp%3bBookshooter%26nbsp%3bis not in any way responsible for any such use by you.%3c/li%3e%3cli%3eCopyright Infringement. Should you become aware of any possible copyright infringement by any of the Content on the Service%2c you agree to give prompt notice of the possibly infringing Content to%26nbsp%3b%26nbsp%3bBookshooter.%3c/li%3e%3c/ol%3e%3ch2%3e29. General Compliance With Laws%3a %3c/h2%3e%3cp%3eThe Service is controlled and operated by%26nbsp%3bBookshooter%2c LLC%26nbsp%3bfrom its offices in Woodland Park%2c Colorado%2c United States. You agree to comply with all local%2c state%2c federal and national laws%2c statutes%2c ordinances and regulations that apply to your use of the Service.%3c/p%3e %3cp%3eYOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT%2c UNDERSTAND ALL THE PROVISIONS HEREIN%2c AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS OF THIS AGREEMENT. IN CONSIDERATION OF BOOKSHOOTER AGREEING TO PROVIDE THE SERVICE AND THE LICENSE CONTAINED HEREIN%2c YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.%3cbr%3e%3cfont color%3d%22%235A8396%22 face%3d%22%27courier new%27%2c %27Lucida Console%27%2c courier%2c serif%22 size%3d%225%22%3e%3cspan style%3d%22font-size%3a 18px%3b line-height%3a 25px%3b%22%3e%3cb%3e%3cfont color%3d%22%23000000%22 face%3d%22Times%22%3e%3cspan style%3d%22font-weight%3a normal%3b line-height%3a normal%3b font-size%3a medium%3b%22%3e%3cbr%3e%3c/span%3e%3c/font%3e%3c/b%3e%3c/span%3e%3c/font%3e%3cspan style%3d%22font-family%3a verdana%3b font-size%3a 14px%3b line-height%3a 25px%3b %22%3e%3c/span%3e%3c/p%3e%3ch2 style%3d%22font-size%3a 18px%3b font-weight%3a bold%3b color%3a rgb%2890%2c 131%2c 150%29%3b font-family%3a %27courier new%27%2c %27Lucida Console%27%2c courier%2c serif%3b %22%3e%3ca href%3d%22http%3a//www.bookshooter.com/page/contributor-agreement%22 style%3d%22font-family%3a verdana%2c arial%3b color%3a rgb%28204%2c 51%2c 51%29%3b text-decoration%3a underline%3b font-weight%3a bold%3b cursor%3a pointer%3b %22%3eContributor %28Publisher%29 Agreement%3c/a%3e%3c/h2%3e%3ch2 style%3d%22font-size%3a 18px%3b font-weight%3a bold%3b color%3a rgb%2890%2c 131%2c 150%29%3b font-family%3a %27courier new%27%2c %27Lucida Console%27%2c courier%2c serif%3b %22%3e%3ca href%3d%22http%3a//www.bookshooter.com/page/store-policies%22 style%3d%22font-family%3a verdana%2c arial%3b color%3a rgb%28204%2c 51%2c 51%29%3b text-decoration%3a underline%3b font-weight%3a bold%3b cursor%3a pointer%3b %22%3eStore and Privacy Policies%3c/a%3e%3c/h2%3e%3cp%3e%3cbr /%3e%3c/p%3e %3c/body%3e%3c/html%3e
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