Web Site Terms and Conditions of Use
The service provided under the fonicle.com is a product of InvaderMedia DBA Fonicle.
By choosing to include updates, photos and any other content in books for purchase or sale you represent and warrant, at all times during the term of this Agreement, that the Content:
Is owned by you or, to the extent owned by someone else from which you have permission to provide the Content to Fonicle for use as described here and, in either case, that the Content does not contain any Personal Data about any individual other than you.
You cannot post content that you don't own or have permission to publish. We take all allegations of copyright violation very seriously. To that end, if you believe that material on fonicle.com violates your copyright, you are encouraged to notify us via the Contact Us page In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fonicle or others, Fonicle may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Fonicle will have no obligation to provide a refund of any amounts previously paid to Fonicle or owed to the user.
Book manufacturing is provided by our print on demand partners.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
When you post Content on Fonicle's website, you keep your copyright, but you grant Fonicle the nonexclusive right to provide a service to post, display, copy that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize Fonicle to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the site, you grant that Fonicle, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Fonicle may make minor modifications to the Content for technical reasons. Of course, Fonicle will credit you and/or the original artist, and we will usually ask you first. You further agree that Fonicle may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "Direct Access", "Available Only To Me” or “Not for sale”. Any content you have marked “Available - General Access” or “For sale” may be fully indexed for text searching and entered into the Google Book Search tool and similar tools.
By creating a fonicle you are uploading your facebook content and photos to our servers for our temporary usage in creating your printed fonicle.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Fonicle for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you.
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual's right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. For more information about what is acceptable for General Access, please read our Availability Settings guidelines;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Fonicle rule or policy;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any text in the Content will not result in personal injury to any person. Despite all this, Fonicle cannot guarantee the accuracy, integrity or quality of Content.
Fonicle reserves the right to refuse to permit your publication on the Site of any Content that Fonicle, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
Fonicle reserves the right to reserve a portion of the back cover of any published Content for placement of a unique identifying number and barcode (this number will be the Content’s ISBN number.
Fonicle reserves the right to place advertisements on the Site. By requesting an ebook you may also be added to the Fonicle mailing list.
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Fonicle. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Fonicle responsible for any inadvertent damage to, corruption of or destruction of the Content. Fonicle is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Fonicle will not be responsible for archiving or backing-up any Content. If any Content transmitted to Fonicle is damaged, lost or corrupted in any way, Fonicle will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Fonicle.
The Content owners who sell Content through Fonicle retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
You will not remove or obscure any proprietary rights notices contained in or on the Content.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Fonicle.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Fonicle.com;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by InvaderMedia LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
As a User, you agree not to use the Site to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm anyone, including minors, in any way;
- Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
- Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
- Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
- Impersonate another person or entity or to forge any e-mail communication or message; and
- Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
Fonicle reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations.. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
When you choose to 'retire' or 'delete' your Content from Fonicle, it will no longer be available or visible to other visitors.
Content retained in our archives to the extent required by our data backup systems or, at Fonicle's discretion, for archival purposes.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
Everything on Fonicle's Site and everything sold via the Site, including services, information, materials, forums, tools and Content is offered by Fonicle and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Fonicle cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
Fonicle will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. Fonicle may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
In no event shall Fonicle, or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any 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 Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Fonicle or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Fonicle, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Fonicle in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Fonicle, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Fonicle in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
If someone takes Fonicle to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Fonicle. In other words, you shall indemnify and hold Fonicle harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Fonicle may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
5. Revisions and Errata
The materials appearing on fonicle.com could include technical, typographical, or photographic errors. Fonicle does not warrant that any of the materials on its web site are accurate, complete, or current. Fonicle may make changes to the materials contained on its web site at any time without notice.Fonicle does not, however, make any commitment to update the materials.
Fonicle has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fonicle of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Fonicle shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
9. Fonicle.com Promotional Code Rules & Restrictions
Offers cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
If your offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
If you are ordering items to be shipped to more than one address, a separate order will be created for each address.
Each offer is valid for a limited time only and expires on the date specified in the offer.
Offer's cash value is 1/100th of one cent.
Offer is not for resale and is not redeemable for cash.
Offer cannot be applied to orders already placed with Fonicle.com.
If there is a problem with items purchased using a promotional code and Fonicle grants a refund, you will not receive a refund for the amount of the offer.
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a book that is damaged in some way (missing, torn, or loose pages. We will be happy to provide a replacement copy. Please notify us.
Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We cannot guarantee the quality of the Content hosted by Fonicle.
Because Fonicle provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content hosted and/or purchased (including image quality from web to print, custom cover designs, misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Fonicle's staff does not monitor or check individual Content prior to publication through our web site.
11. International Users
Fonicle makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
12. Operation of Site
Technical, maintenance and other issues may make Fonicle unavailable from time to time. Fonicle makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. Fonicle may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
13. Proprietary Rights
Fonicle is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Fonicle owns the design, format and layout of the Site. Fonicle authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Fonicle does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Fonicle grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Fonicle logo and the names of all Fonicle products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of InvaderMedia LLC.
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section 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 New Jersey, without regard to its "choice of law" provisions. The parties agree that any dispute 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 New Jersey. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. 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.
Except for payments due, if anything happens that is beyond reasonable control of either party (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. Fonicle and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.
This Agreement is effective until terminated. Fonicle may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by following the “Cancel Account” link on your my Fonicle page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Fonicle. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
Fonicle may change the terms in this Agreement from time to time. When the terms are changed, Fonicle will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Fonicle and discontinue your use of the Site. If you use the Site after Fonicle has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
If you believe that any material contained in this Site infringes your copyright, you should notify Fonicle of your copyright infringement claim.