Author Websites Supplemental Terms
Last Updated: September 13, 2024
These AUTHOR WEBSITES SUPPLEMENTAL TERMS (these “Terms”) solely govern your use of Author Websites, including the website located at authorwebsites.bookbub.com (collectively, “Author Websites”), and form part of the Terms of Service (the “Agreement”) between you and Pubmark Inc. d/b/a BookBub (“Company”, “us”, “our”, and “we”), which is hereby incorporated by reference. These Terms are effective as of the earlier of the date of your acceptance of these Terms or your use of Author Websites (the “Supplemental Terms Effective Date”). In the event of any conflict between the Agreement and these Terms, the provisions of these Terms shall govern solely with respect to your use of Author Websites. Capitalized terms not defined in these Terms shall have the meaning set forth in the Agreement.
BY CLICKING ON THE “I ACCEPT” BUTTON, SIGNING UP TO USE AUTHOR WEBSITES, OR OTHERWISE ACCESSING OR USING AUTHOR WEBSITES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHALL NOT RECEIVE OR BE ENTITLED TO ANY OF THE RIGHTS SET FORTH IN THESE TERMS.
IF YOU REGISTER FOR ACCESS TO AUTHOR WEBSITES FOR A TERM (THE “INITIAL SUBSCRIPTION TERM”), THESE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION TERM AT COMPANY’S THEN-CURRENT FEE FOR AUTHOR WEBSITES UNLESS YOU DECLINE TO RENEW YOUR AUTHOR WEBSITES ACCESS IN ACCORDANCE WITH SECTION 4.2 BELOW.
1. Author Websites
1.1. Author Websites Overview. Author Websites is a feature of the Sites which allows you to build your own author website (“Your Website”) quickly and easily using templates, designs, graphics, and other materials provided by Company (collectively, “Templates”) for visitors or users of Your Website (each, a “Visitor”). Subject to your compliance with these Terms and the Agreement, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access Author Websites, solely for the purposes of designing, creating, and managing Your Website.
1.2. Domain Registration Features. Author Websites includes features which allow you to register a domain in connection with the creation of Your Website (the “Domain Registration Features”). If you choose to use the Domain Registration Features, you hereby appoint Company as your designated agent for the sole purpose of registering a domain in accordance with these Terms. We use third-party services such as Amazon Route 53 to provide the Domain Registration Features, and by using the Domain Registration Features, you hereby agree to be bound by the terms of the applicable domain registry, including the Amazon Route 53 Domain Name Registration Agreement. Additionally, depending on the domain, you may be subject to the terms of the Gandi SAS, Mesh Digital Limited, Amazon Registrar, Inc., and other ICANN-accredited registrars (each, a “Registrar”), and your use of the Domain Registration Features is subject to their respective terms. You can identify the Registrar of record for any domain by performing a WHOIS query here.
2. Content
2.1. Licensed Content. You may only use Author Websites and the Templates available thereon to develop and manage Your Website. Author Websites may enable you to use content or other materials which we have obtained the right for you to use (collectively, “Licensed Content”). Licensed Content may include, without limitation, portions of the Templates, licensed fonts, typefaces, and related software and designs. Subject to your compliance with the Agreement, including these Terms, we grant you a non-exclusive right and license to use such Licensed Content solely in connection with your permitted use of Author Websites to develop Your Website. You may only use the Licensed Content on or in connection with Your Website, and unless otherwise expressly permitted by us, you may not modify the Licensed Content.
2.2. Your Website. Subject to the Company’s and its licensors’ ownership of the Templates, the Sites, and the Licensed Content, Company does not claim ownership of Your Website, and all content you provide in connection with your use of Author Websites is “User Content” for purposes of the Agreement. For the avoidance of doubt, you agree that Your Website and all content made available through Your Website will comply with Company’s Acceptable Use Policy. Without limiting any rights granted by you with respect to your User Content in the Agreement, you hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit all content and materials you provide to Company in connection with your use of Author Websites, and to grant sublicenses of the foregoing rights, solely for the purposes of providing Author Websites and creating, hosting, displaying and sharing Your Website. Additionally, you hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use any version of Your Website, or any portion of Your Website, including without limitation names, trademarks, service marks or logos on Your Website, solely for the Company’s marketing and promotional activities.
3. Your Website And Your Visitors Are Your Responsibility
Without limiting anything set forth in these Terms or the Agreement, you understand and agree that (a) Your Website and your Visitors are your responsibility; (b) you are solely responsible for providing any products, services, and support to your Visitors in connection with Your Website; (c) you are solely responsible for compliance with any laws or regulations related to Your Website and your Visitors; and (d) your ability to create, share, or otherwise operate Your Website may be limited by the extent to which Your Website includes Licensed Content. Company is not liable for, and won’t provide you with any legal advice regarding, Your Website or your Visitors. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of the Agreement.
4. Author Websites Subscription Fees
4.1. Author Websites Subscription Fees. You will be responsible for payment of the applicable fee for your use of Author Websites (the “Author Websites Subscription Fee”) at the time you sign up for Author Websites and select your payment package (the “Service Commencement Date”). Except as set forth in the Agreement, all fees for Author Websites are non-refundable. No contract will exist between you and Company for Author Websites until Company accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. You agree to pay all Author Websites Subscription Fees in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable in accordance with these Terms. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Sites or by email delivery to you.
4.2. Automatic Renewal. Your subscription to Author Websites will continue indefinitely until terminated in accordance with the Agreement. After your Initial Subscription Term, and again after any subsequent subscription term, your subscription to Author Websites will automatically commence on the first day following the end of such subscription term (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your Author Websites subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Company that your Author Websites subscription will be automatically renewed, you will have thirty (30) days from the date of the Company notice). If you do not wish your Author Websites subscription to renew automatically, or if you want to change or terminate your Author Websites subscription log in to your Author Websites dashboard, select Billing, click Open Billing Portal, and then follow the instructions for canceling your account. Alternatively, you can contact our support team at [email protected] and ask for help canceling your account. If you cancel your Author Websites subscription, you may use Author Websites until the end of your then-current Author Websites subscription term; your Author Websites subscription will not be renewed after your then-current Author Websites subscription term expires. However, you will not be eligible for a prorated refund of any portion of the Author Websites Subscription Fee paid for the then-current Author Websites subscription period. By subscribing to Author Websites, you authorize Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your Author Websites subscription, if Company does not receive payment from your Payment Provider, (a) you agree to pay all amounts due for your Author Websites subscription upon demand and/or (b) you agree that Company may either terminate or suspend your Author Websites subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Author Websites subscription will be activated and for purposes of automatic renewal, your new Author Websites subscription commitment period will begin as of the day payment was received).
4.3. Free Trials and Other Promotions. Any free trial or other promotion that provides complimentary or discounted access to Author Websites must be used within the specified time of the trial. At the end of the trial period, your use of Author Websites will expire and any further use of Author Websites is prohibited unless you pay the applicable Author Websites Subscription Fee. If you are mistakenly charged for an Author Websites subscription, please contact Company to have the charges reversed.
5. Term; Termination
5.1. Term. These Terms shall commence on the Supplemental Terms Effective Date and shall remain in effect until the earlier to occur of (a) termination of your Author Websites subscription; or (b) termination of the Agreement. Without limiting any termination rights set forth in the Agreement, if timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement (including these Terms), or if Company is required to do so by law (e.g., where the provision of Author Websites is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate your access to Author Websites. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your access to Author Websites.
5.2. Effect of Termination. Termination of your Author Websites subscription includes removal of access to Author Websites and barring of further use of Author Websites. Company will not have any liability whatsoever to you for any suspension or termination of your access to Author Websites, including for any deletion of your User Content associated therewith. All provisions of the Agreement which by their nature should survive, shall survive termination of these Terms, including without limitation, Sections 2.2, 3, 5, and 6.
6. Entire Agreement
These Terms, including the Agreement, constitutes the entire understanding of you and Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous written and oral agreements with respect to the subject matter. Except as expressly set forth herein, no modification will be binding unless it is in writing and signed by both you and Company. These Terms may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one agreement.