Your Book Place LLC

Your registration as a Member of the Your Book Place website constitutes acceptance of this agreement and creates a binding legal contract.

Legal Agreement

This Your Book Place Terms of Use and Member Agreement ("Agreement") applies to all Members of Your Book Place LLC website (the "Site") and is a binding, legal contract between each Member of the Site ("Member" or, as appropriate, "you", “Editor-in-Chief or "author") and Your Book Place.

By entering into this Agreement, you represent, agree and warrant that Work (s) as submitted will no way violate any copyright or any other right: and will contain nothing libelous or otherwise unlawful that any recipe, formula, or instruction contained in contribution to the work is not injurious to the user/member.

The Member (s) agree to defend at its own cost and expense any claim or action against Your Book Place, its subsidiaries and /or affiliated companies, for any and all claims including but not limited to, for actual or alleged infringement of any patent, copyright or other property right (including, but not limited to, misappropriation of trade secrets) or a claim for libel based on the Works (s) and/or other materials furnished to Your Book Place, its subsidiaries and/or affiliated companies, forever harmless from and against any and all liabilities, losses, and expenses associated with any claim or action related to the Work (s) or this Agreement.   
By registering on the Site, you accept the Terms of Use and Member Agreement and you warrant and represent that you have the legal capacity to enter into this Agreement.

Your Book Place may in its discretion, change, and supplement or amend these Terms of Use and Member Agreement as they relate to your future use of the Site from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms of Use and Member Agreement on the Website. You may not change, supplement, or amend these Terms of Use and Member Agreement in any manner. Each time you use the Site , you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms of Use and Member Agreement.

Definitions of Basic Terms

“Editor” Editor-in-Chief” “Author” "Member" or “you” means a person registered to use the Site.

"Personal Information" means information about Member provided to Your Book Place in connection with registration on the Site; and/or Personal Information you place, post, or make on the Site about yourself. Personal Information may include but is not limited to any information that could be used to identify you.

"Privacy Policy" means Your Book Place Privacy Policy available on the Site.

Content

Your Book Place Site is an online vehicle that offers members to create or contribute to a book Content.  This includes the Editor-in-Chief’s approval process of the Content submitted for the book creation.    

"Content" means any work of authorship or other form of expression made or placed on the Site, including but not limited to text, treatments, ideas, refinements, suggestions, storyboards, books, essays, comments, feedback, editorial comments, ratings, reviews, contributions and input of any kind, all other substantive contributions and input, images, photographs, graphics, information, data, and software. Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Site.

For all Content made, placed, or posted on the Site by the Member, and for all Content assigned to a Member under section 8 of this Agreement, and for all revisions or modifications to such Content, Member grants to Your Book Place the Content and Archival License set forth below in Section 8 of this Agreement.

Types of Works

A "Work" is any book project on the Site, including all SAWs, CCWs, and ANTs. There are three types of Works:

• Single Author Work
  
  A "Single Author Work" ("SAW") is a Work that has only one author.  All (“SAW”) is the "Editor-in-Chief," who will be the Author/Member who originates the (SAW) book creation.
  
  
• Continuous Cooperative Work
  
  A "Continuous Cooperative Work" ("CCW") is a Work that has more than one author; and is not an ANT.  CCWs are "joint works" under the U.S. Copyright Act.
  
  All CCWs will have an "Editor-in-Chief," who will be the Member who originates the CCW book creation with a request for additional authors.
  
  A SAW can transition to a CCW. By way of example only, the Editor-in-Chief of a SAW may write five chapters of a SAW and then seek contributions from other Author Members who will become authors of the Work. At that point, the SAW Editor-in-Chief must agree to the new status of the SAW as a CCW.
  
  
• Anthology
  
  An "Anthology" ("ANT") is a Work that consists of a collection of singular literary works (e.g., poems, short stories, recipes, etc.) published in a single volume; has more than one author; and is not a SAW. An anthology with one author is a SAW and not an ANT.
  ANTs are also referred to as "Collections" on the Site.
  
  For purposes of this Agreement, the singular literary works that may comprise an ANT (e.g., poems, short stories, recipes, etc.) are referred to in the remainder of this Agreement as "essays or other sections or units" regardless of the specific type or nature of the singular literary work.
  
  ANTs are "collective works" under the U.S. Copyright Act.
  
  All ANTs will have an "ANT Editor-in-Chief," who will be the Author Member who originates the ANT creation with a request for additional authors. 
  
  A SAW can transition to an ANT. By way of example only, the Editor-in-Chief of a SAW may write two essays of a SAW and then seek contributions from other Members who will become authors of the Work. At that point, the SAW Editor-in-Chief must agree to the new status of the SAW as an ANT.
  
  
• Termination and Transfer of Role of the Editor-in-Chief
  
  The Editor-in-Chief of a Work cannot transfer the title and or responsibility by designating the Work to another Editor-in-Chief or contributing Author. If an Editor-in-Chief Membership on the Site terminates, or if an Editor-in-Chief ends his/her membership.  Your Book Place reserves the rights of the book content.
  

Work Flow

There are two types of Work Flow, Creating a Book and or Contributing to a Book.  

• Creating and or Contributing to a Book
  
  The Author Member has options to create a book, contribute to a book or both.  When creating a book, the originating author becomes the Editor-in-Chief, which begins when Work is initiated or placed on the Site. A Work can go from a single author or a request for contributing authors.
  
  Author Members who decide only to contribute to a book acknowledges, warrants and agrees the Editor-in-Chief owns the rights of the book that he or she is contributing to.  The Editor-in-Chief has the decision rights to cite the contributing author (s) as he/she feels necessary.  
  
  For all Content made, placed, or posted on the Site by the Member, and for all Content assigned to a Member under section 8 of this Agreement, and for all revisions or modifications to such Content, Member grants to Your Book Place the Content and Archival License set forth below in Section 8 of this Agreement.
  
  
• Approval Process
  
  "Approval Process" means all Content submitted by contributing authors is reviewed and approved by the Editor-in-Chief.  By way of example only, once contributions are submitted to the Editor-in-Chief he/she has the capability to accept or reject the Content contributions with or without additional recommendations /or feedback. 
  
  In each case and for all other purposes of this Agreement, the author or authors who are assigned contributions under this section of the Agreement are collectively referred to as "Author Contributors."
  
  
• Messages from Member(s) to Member(s)
  
  Content via the email or on the site contains Content that is ultimately incorporated into a Work
  

Publication

Your Book Place offers Self-Publication.  For purposes of this Agreement, " Self Publish" means publication of a Work or part of a Work in or as a book, an electronic book, a digital book, a magazine, a journal, a downloadable or electronically transferable file(s), an audio-book, online, a format that can be used with products such as Amazon's "Kindle" or Sony's "Reader" (or any other device created in the future), and in any other manner that exists now or in the future that enables humans to read, hear, or view the Work.

Compensation

Your Book Place agrees that, for all Works published and sold on Your Book Place Site, Your Book Place will pay the Editor-in-Chief a Net Profit payable in thirty days from the day the book (s) are purchased. 

The Editor-in-Chief has sole discretion, whether to distribute a portion or percentage of the profits to Author Contributor (s) who provide Content to Work, Feedback to a Work, as published in its final form. Members who are author contributors of a CCW or ANT agree to be bound by all such decision(s) of an Editor-in-Chief. Additionally, Author Contributor (s) agree and acknowledges that all such decisions are made by the Editor-in-Chief and any resulting obligation to the Author Contributor (s) as part of a private contract between the respective author contributor (s), and Editor-in-Chief. Both Editor-in-Chief and Author Contributor agree and acknowledges that Your Book Place is not and will not be party to any such private contracts. Member (s) further agrees and acknowledges that Your Book Place will not have any obligation or liability to Member as a result of any such private contracts or otherwise in connection with monies allegedly due to Member(s) for the provision of Content of Work or Feedback. 

Terms of Above-referenced Assignments

• Member's License to Your Book Place
  
  Member grants Your Book Place a non-exclusive, unlimited License to copy, display, render, distribute, transmit, store, and otherwise use the Content covered by this section for all purposes associated with Your Book Place operation of the Site and Your Book Place business (the "Site License").
  
  The Site License is irrevocable unless and until Content is removed from the Site in accordance with section 9 of this Agreement
  
  .
• Member's Archival License to Your Book Place
  
  Member grants Your Book Place a non-exclusive, irrevocable, worldwide, perpetual License to store and maintain one or more copies of all Content (and additions, modifications, and revisions to Content) placed by Member on the Site ("Archival License").
  
  Your Book Place has sole discretion to determine how, when, and where it may exercise and employ the Archival License. Your Book Place has no obligation to Member to disclose any aspect of how, where, and when Your Book Place exercises and employs the Archival License.
  
  
• Contributions of Content by Author Contributors
  
  For all contributions of Content covered by this section, Editor-in-Chief agrees as follows with respect to the Author Contributor or to Your Book Place.
  
  Member Editor-in-Chief hereby irrevocably appoints the  Member Author Contributor (s) or Your Book Place as attorney-in-fact with all powers necessary to sign all such documents (including but not limited to the power of substitution). Editor-in-Chief shall not at any time take any action contesting or in any way impairing or tending to impair any part of the Author Contributor or Your Book Place exclusive, worldwide, and perpetual license, title, and interests in and to the Content.

Creative Commons License to Editor-in-Chief

For all Content covered by this section, Author Contributor (s) grant in perpetuity to the Editor-in-Chief who assigned Content to the Contributing Author the Creative Commons Attribution – Non-Commercial – No Derivative Works license.

The License granted in this section is irrevocable unless Member breaches this Agreement or the rights itself, in which case the rights are revoked immediately upon such a breach.

Removal of Work from the Site

Subject to the Terms of this Agreement, Editor-in-Chief may remove from the Site Content authored by the Editor-in-Chief except for Content that is the "Overview" or other synopsis of any project other than an SAW, which shall irrevocably remain subject to the Site License. Likewise, the Archival License shall continue to apply to all Content notwithstanding the Member's removal of Content from the Site.

Warranties/Representations/Safety

Becoming a Member, Uploading Content to the Site, each Member represents and warrants, at all times:

• Is an original work of authorship of the Member; owned by the Member; or to the extent owned by someone other than the Member, the owner of the Content has expressly authorized and permitted (a) Member to place or post the Content on the Site and (b) all such Content to be published by Your Book Place or a third party.
  
  
• Is not Personal Information about anyone other than the Author Member
  
  
• Does not violate any copyright, trademark, trade secret or other intellectual property right of a third party
  
  
• Does not violate a third party's right of privacy or publicity.
  
  
• Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to Your Book Place.
  
  
• Will not bully, intimidate, or harass any user.
  
  
• Will not solicit login information or access an account belonging to someone else.
  
  
• Will not create an account as a fictitious person
  
  
• Does not include viruses, Trojan horses, worms, time bombs, cancelbots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Site.
  
  
• Is not unlawful, misleading, malicious, or discriminatory and does not violate this Agreement or any regulation or Your Book Place rule or policy.
  
  
• Is not "spam."
  
  
• Does not promote or offer fraudulent or unlawful goods, services, schemes, or promotions.
  
  
• Will not facilitate or encourage any violations of this statement.

Your Book Place reserves the right to remove Content that, in, Your Book Place sole discretion, violates the representations and warranties above or otherwise violates Your Book Place rules or policies or this Agreement.

Your Book Place reserves the right and Member agrees that Your Book Place has the right to suspend and/or ban a Member, at Your Book Place sole discretion, for Conduct or Content that violates this Agreement.

Digital Millennium Copyright Act

If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Your Book Place Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  
  
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  
  
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  
  
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  
  
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your Book Place designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to Your Book Place designated Copyright Agent as follows:

Kimberly Meyers
DMCA Complaints
Your Book Place
177 Thorndike Way
Folsom Ca. 95630

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Your Book Place customer service staff.

You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, please consult your counsel and see 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to Your Book

Place Copyright Agent:

• Your physical or electronic signature;
  
  
• Identification of the content that has been removed or to which
  access has been disabled and the location at which the content appeared before it was removed or disabled;
  
  
• A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  
  
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notice is received by Your Book Place Copyright Agent, Your Book Place may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against the Member who uploaded the objectionable

Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at Your Book Place sole discretion.

Limitation of Liability and Indemnification

The Site includes contact information for Members to notify Your Book Place of Content that is objectionable or in violation of this Agreement. However, Member agrees and acknowledges that Your Book Place cannot be aware of all such Content at all times. Member further acknowledges and agrees that Member may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and Member agrees to waive and does waive, any legal or equitable rights or remedies you have or may have against Your Book Place with respect such Content.

In no event shall Your Book Place or any of its officers, employees, directors, affiliates, shareholders, or agents be liable to a Member or anyone else for special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the this Agreement, the Site, Content on the Site, or activities of other Members or third parties. This paragraph applies even if Your Book Place or one of its officers, employees, directors, affiliates, shareholders, or agents has been informed or become aware of the possibility of such damages.

The foregoing limitations apply to the acts, omissions, negligence and gross negligence of Your Book Place, its officers, employees, directors, shareholders, affiliates, and agents in any claim arising out of contract, tort, or any other legal or equitable doctrine.

If Your Book Place is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something Member did in violation of this Agreement, Member agrees to indemnify Your Book Place for all damages, attorneys' fees, losses, and costs assessed against or incurred by Your Book Place.

The Site and all information, content, materials, products (including software) and services included on or otherwise made available to Member through the Site are provided by Your Book Place on an "as is" and "as available" basis, unless otherwise specified in writing. Your Book Place makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information or Content or services included on or otherwise made available to Member through the Site, unless otherwise specified in writing. Member agrees that Member's use of the Site is at Member's sole risk.

To the full extent permissible by applicable law, Your Book Place disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Your Book Place does not warrant that the Site; information or Content or services included on or otherwise made available to Member through the Site; Your Book Place servers; or e-mail sent from Your Book Place are free of viruses or other harmful components.

Your Book Place will not be liable for any damages of any kind arising from Member's use of the Site or from any information or Content or services included on or otherwise made available to Member through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a Member, some or all of the above disclaimers, exclusions, or limitations may not apply to the Member, and the Member might have additional rights.

Personal Information

It is critical that your Personal Information is accurate. If your Personal Information changes, Member agrees to promptly update Member's Personal Information on the Site. It is Member's responsibility to keep all of your current Personal Information on the Site.

Member will have the opportunity to select a Member Pen Name and Password during the Member registration process. Member is solely responsible in all respects for maintaining the confidentiality and security of Member's Pen Name and Password. Member is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of Member's Pen Name. Member agrees to notify Your Book Place immediately of any unauthorized use of Member's Pen Name or Password.

Your Book Place may refuse to grant Member or require Member to change his/her Member ID or Password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at Your Book Place discretion.
Member agrees not to use Personal Information of other Members.

Operation of Site

Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. Your Book Place makes no commitment, warranty, or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or meet a Member's particular purposes. Your Book Place may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to Member.

Because computers and other equipment are subject to occasional malfunction, Member agrees that Member will not hold Your Book Place responsible for any inadvertent damage to, corruption of or destruction of Content. Your Book Place is not responsible for backing up Content, although Your Book Place has a license to backup and archive Content. If any Content transmitted to Your Book Place is damaged, lost or corrupted in any way, Your Book Place will have no obligation or liability to Member.  It is the responsibility of the Member to continuously to save and back up their Work Content. 

Member agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content.

Member agrees not to employ a robot, spider or other software, process or device to harvest email addresses or Personal Information, or to monitor activity on the Site.

Your Book Place Intellectual Property

Except for Content posted to or placed on the site by Member and the provisions of this Agreement that apply to such Content, all text, graphics, logos, button icons, photos, scripts, sounds, music, videos, interactive features, images, audio clips, digital downloads, data compilations, and software that is on or used on the Site is the property of Your Book Place and protected by United States and international laws (collectively, "Your Book Place IP"). The compilation of all such content on this site is the exclusive property of Your Book Place and protected by U.S. and international laws. All software used on this site is the property of Your Book Place or its software suppliers and protected by United States and international laws.

Your Book Place, "Everyone Has a Story" “WHERE AUTHORS MEET TO COLLABORATE ON WRITING BOOKS” and other graphics, logos, page headers, button icons, scripts, slogans, and names are trademarks or trade dress of Your Book Place.

Member agrees that Member will not use Your Book Place IP without Your Book Place express, written, and prior approval; in connection with any product or service that is not Your Book Place; in any manner that is likely to cause confusion among or otherwise mislead consumers; or in any manner that disparages or discredits Your Book Place. All other trademarks not owned by Your Book Place that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored byYour Book Place.

Your Book Place reserves all rights with respect to Your Book Place IP. Member agrees and acknowledges that Your Book Place IP is the exclusive, worldwide property of Your Book Place. Member will not at any time take any action or make any omission that challenges, diminishes, or threatens Your Book Place exclusive, worldwide property of Your Book Place IP. Member acquires no right, title, or interest in or to Your Book Place IP by virtue of this Agreement or otherwise.

Term

This Agreement is effective until terminated. Your Book Place may terminate or suspend this Agreement immediately for any reason and without prior notice to Member. Member may terminate Member's membership with Your Book Place by contacting Your Book Place customer support with a specific request to do so. Member's request to terminate Member's membership will become effective no later than 30 days after Your Book Place receives Member's specific request.

This Agreement remains applicable after and survives termination of this Agreement.

Miscellaneous

This Agreement cannot be amended except as specifically set forth in the Amendments section above.

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by Member, however, they may be assigned by Your Book Place without restriction.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Subject to the second and third sentences of this provision, this Agreement constitutes the entire agreement between Member and Your Book Place concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral. This Agreement does not supersede, replace, or modify prior written agreements between Your Book Place and third parties that involve work and/or the creation of content requested by Your Book Place. All such written agreements remain in full force and effect with regard to the subject matter of those agreements.

By completing the registration process and using the Site, Member confirms that Member has the full power and authority to enter into and perform this Agreement. Member also agrees that this Agreement is a legal, valid, and binding contract, and that its Terms of Use and Membership Agreement can be enforced by Your Book Place.

Your Book Place encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.

If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of California without regard to its "choice of law" provisions.

The Member and Your Book Place agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association.

The location of the arbitration shall be California. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Your Book Place shall not be responsible or liable for any delay caused by the occurrence of such event.
The Site may contain links to third-party websites that are not owned or controlled by Your Book Place. Your Book Place has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. Your Book Place cannot edit the content of third-party websites. Accordingly, Your Book Place encourages Member to be aware when Member leaves the Site and to read the terms and conditions and privacy policy of each third-party website that Member visits.

Neither this Agreement nor a Member's participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between Member and Your Book Place.

This Agreement inures to the benefit of and applies to the Member's and Your Book Place successors, assigns, heirs, divisions, subsidiaries, and employees.