Terms and Conditions
Last revised: January 31, 2014
1. Acceptance of the Terms and Conditions.
1.1 Welcome to instaFreebie! Thank you for using our website and our services (the "Website"). The Website is provided by Libboo, Inc. ("Libboo," “instaFreebie”, “the team”, "we," "us," etc.) By using the Website, you ("You," "you," etc.) are agreeing to the terms of this agreement (the "Agreement"). Please read them carefully. If you do not accept these terms, then you may not access, browse, or use this Website and are not considered a user or member by instaFreebie.
1.2 We may modify these terms from time to time. If we do so, you will find the latest version here on this page, or by selecting the "About" link that you find at the bottom of each page of the Website and clicking to “Terms and Conditions”. We'll try to notify you of the changes by e-mail, but you should check the Website "Terms and Conditions" regularly to make sure you're aware of any updates. If you use the Website after these terms have been revised, then you agree the revised terms govern your usage. If you don't agree to the revised terms, then you may not use the Website.
2. Use of the Website.
2.1 The software, text, graphics, and images (the "Content") of this Website are protected by United States and foreign intellectual property laws. You will not use the Content except as permitted by these terms. Unauthorized use of the Content beyond what these terms permit may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, including but not limited to framing or mirroring the Content. In particular, the use or posting of any of the Content on any other Website is expressly forbidden. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you must immediately destroy any copies you have made of the Content. You must retain all copyright and other proprietary notices contained in the original Content in any copy you make of the Content.
2.2 The trademarks, service marks, and logos of Libboo and instaFreebie (the "Company Trademarks") used and displayed on this Website are registered and unregistered trademarks or service marks of Libboo and instaFreebie. Other company, product, and service names on the Website may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, together with Libboo and instaFreebie Trademarks, the "Trademarks"). Nothing on the Website or in this Agreement should grant you any license or right to use any Trademark without the prior written consent of Libboo or instaFreebie specific to each such use. The Trademarks may not be used to disparage Libboo, instaFreebie, or any third-party, or their products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any other website is prohibited without Libboo's prior written consent. All goodwill generated from the use of any Company Trademark shall accrue to Libboo and instaFreebie's benefit.
2.3 You agree not to impose an excessive load on or otherwise interfere with the operation of the Website, attempt to reverse engineer any portion of the Website, delete or alter any Content posted on the Website, or use any technology to automatically extract data from the Website.
2.4 The Website may contain links to other websites not operated or controlled by Libboo or instaFreebie. These links do not imply that Libboo or instaFreebie endorses or has reviewed those websites. If you decide to access those websites, you do so at your own risk. You should contact those websites if you have questions about their content. You should always take precautions when downloading files from any website to protect your computer from viruses and other destructive programs.
2.5 instaFreebie, via Libboo, participates in affiliate programs with other websites not operated or controlled by Libboo. Such programs offer a commission for qualifying purchases made by a customer delivered by Libboo to an online storefront. Any and all commissions that Libboo receives through Libboo's participation in affiliate programs shall be retained in their entirety by Libboo.
2.6 If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements of the Digital Millennium Copyright Act of 1998 (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to instaFreebie c/o Libboo at:
- instaFreebie, ℅ Libboo, Inc.
288 Norfolk St.
Cambridge, MA 02139
2.7 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Blog hosted by Libboo infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to instaFreebie c/o Libboo at:
- By Mail:
instaFreebie, ℅ Libboo, Inc.
288 Norfolk St.
Cambridge, MA 02139
- By Email:
3. Grant of License to Libboo.3.1 Statement of Purpose. Authors, Publishers, Content Owners, and Rights Holders may choose whether or not to add a book or other work (collectively or separately, the "Work") to instaFreebie for the following purposes (the "Purposes"): advocating or marketing You or the Work; increasing the discoverability of the Work; managing a community around You or the Work; distributing the Work.
3.2 Definition of Work. For purposes of clarity, the Work includes selected product information, including your name(s), product image(s), metadata, and other descriptors (collectively, the "Promotional Content") that supports the Purposes. You may elect to include an eBook or other digital file as a part of the Work to use for giveaways (the "Freebies"), but are not required to do so in order to create an account on the Website.
3.3 Adding of Work. If you choose to add a book or other work (the "Work") to the Website, you grant to instaFreebie a non-exclusive, sub-licensable license, until terminated, to copy and distribute copies of the Work to third parties within the parameters you set, and to publicly perform and display the Work, in part or in whole, through instaFreebie's products and services as they exist now and in the future.
3.4 Promotional Content. Whether or not you choose to add a Work to instaFreebie, you grant to instaFreebie a non-exclusive sub-licensable license to use your name, image, and descriptions of the Work (collectively, the "Promotional Content," as defined above) in the pursuit of the Purposes, as defined above.
3.5 Changes to Work or Promotional Content. You also grant to instaFreebie a non-exclusive sub-licensable license to make minor changes to the Work for the Purposes, as defined above, provided that these changes do not materially alter the meaning, context, narrative, or representation of the Work. As an example, we may modify a copy of your Work with a "digital watermark" to indicate that the Work is being given away though an instaFreebie campaign.
3.6 Author's Warranties. You represent and warrant to us that you either 1) own the copyright to the Work, or 2) are legally authorized by the copyright owner of the Work to grant these licenses to us.
3.7 Amazon KDP Select and other Exclusive Programs. By creating a Freebie campaign or giveaway on instaFreebie, you represent that you are not forbidden to do so by other Programs in which you are enrolled, such as Amazon’s Kindle Direct Publishing Select program. instaFreebie holds no responsibility for parties who violate the Terms and Conditions of other Programs by using the instaFreebie service. Please check the Terms and Conditions of other Programs in which you are enrolled before creating a Freebies campaign on instaFreebie.
4. Participant Responsibilities.
4.1 Giveaways. Authors, Publishers, Content Owners, and Rights Holders may elect to give away free copies of a Work (the "Freebies") in pursuit of the Purposes. Giveaways are subject to the following:
- You are solely responsible for the legality of any giveaway, whether it's a part of a Campaign on the Website or otherwise.
- You are solely responsible for maintaining that the digital file you are using to generate Freebies is a valid and up to date version.
5. Limitation of Liability and Disclaimer of Warranties.
5.1 instaFreebie, LIBBOO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "LIBBOO PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE LIBBOO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FOR WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE LIBBOO PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN SERVICING OR REPLACING EQUIPMENT OR DATA, NO LIBBOO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE LIBBOO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
5. IN NO EVENT SHALL ANY LIBBOO PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE LIBBOO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.1 You agree to defend, indemnify, and hold harmless the Libboo Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms or your access to, use or misuse of the Content or Website. instaFreebie, via Libboo, shall provide notice to you of any such claim, suit, or proceeding. Libboo reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Libboo's defense of such matter.
7. Termination of the Agreement.
7.1 instaFreebie reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Website or the Content at any time, for any reason, without prior notice or liability. instaFreebie reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
7.2 Sections 2 (Use of the Website), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
8. User Must Comply with Applicable Laws.
8.1 This Website is based in Cambridge, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for obeying the laws of your jurisdiction.
8.2 The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited by law. By downloading Content, you agree that you are not in a country where such export is prohibited and are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your jurisdiction regarding the import, export, or re-export of the Content.
9. U.S. Government Restricted Rights.
9.1 The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.
10.1 This Agreement is subject to the laws of the Commonwealth of Massachusetts, without respect to its provisions on conflicts of laws. Any dispute concerning this Agreement will be heard exclusively in the state and federal courts of Suffolk County in the State of Massachusetts, and you agree to submit to the jurisdiction of these courts. If any of these terms is found invalid by a court having competent jurisdiction, the remaining terms of this Agreement shall be unaffected and remain in full force and effect. instaFreebie's failure to enforce any term of the Agreement shall not be construed as a waiver of that term or any other term, and no waiver shall be held against instaFreebie or Libboo unless it is made in writing, and no such waiver shall be construed as a waiver in any other instance. Except as expressly agreed by instaFreebie or Libboo and you in a separate writing, these terms constitute the entire Agreement between you and instaFreebie or Libboo with respect to the Website and instaFreebie or Libboo's services, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and instaFreebie or Libboo with respect to the Website and instaFreebie or Libboo's services. This Agreement may be enforced on its terms against you by our successors, assigns, licensees, and sublicensees.