Terms of Service
The short version:
(1) 'Builder Book' creates and sells digital books at builderbook.org.
(2) Our books are available only in digital format at builderbook.org. We do not provide epub, PDF, or other formats.
(3) 'Readers' purchase books sold by Builder Book.
(4) Readers must sign up with a Google account to purchase and read books.
(5) We use Stripe to securely process payments.
(6) We will grant refunds (minus Stripe transaction fee) within 7 days of book purchase.
(7) We review and make updates, if we deem any necessary, to the content and code in our books once a year, in December/January.
(8) We guarantee updates for at least 1 year after any Reader purchases a book. We do not guarantee updates beyond 1 year of purchase.
(9) We add Reader email addresses to a Mailchimp list for occasional communication regarding book and company updates.
(10) Readers may not share access to their accounts on builderbook.org with other people. Readers may not copy and publish our book content on other sites. This activity will result in account deletion and blockage from builderbook.org. In general, we reserve the right to cancel a Reader's account or block a Reader from using Builder Book at any time, with or without reason.
The long version:
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Builder Book (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the builderbook.org website as well as any other media form, media channel, or mobile website connected thereto (collectively, the “Website”). The Website sells digital books to "Readers"(“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference.
You accept and agree to be bound by this agreement by acknowledging such acceptance during the registration process and also by continuing to use the website. If you do not agree to abide by this agreement, or to modifications that company may make to this agreement in the future, do not use or access or continue to use or access the company services or the website.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
(1) all registration information you submit is truthful and accurate;
(2) you will maintain the accuracy of such information;
(3) you will keep your password confidential and will be responsible for all use of your password and account;
(4) your use of the Company Services does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
Prohibited Activities
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
(1) attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
(2) attempting to impersonate another user or person or using the username of another user
(3) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
(4) deleting the copyright or other proprietary rights notice from any Website content
(5) engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
(6) except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
(7) harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
(8) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
(9) making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
(10) selling or otherwise transferring your profile
(11) systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
(12) tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
(13) using any information obtained from the Website in order to harass, abuse, or harm another person
(14) using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
(15) using the Website in a manner inconsistent with any and all applicable laws and regulations
Intellectual Property Rights
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Third Party Websites and Content
The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Payments
Company securely processes all payments through Stripe (https://stripe.com/). You may be subject to terms and conditions governing use of Stripe’s service and personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information. You agree to pay Builder Book for any of its books you receive in accordance with these Terms. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Company may change prices at any time. All payments must be made in U.S. dollars.
If you are unhappy with a book purchase, you can request a refund by contacting team@builderbook.org. We will grant refunds (minus Stripe processing fee) within 7 days of book purchase. After that point, we cannot guarantee a refund.
Site Management
Company will review and update code, if necessary, in the books once a year (in December/January each year). Company does not guarantee any update beyond once per year.
When conducting these annual reviews, Company will review the book's content and code, as well as any issues on the Company's public GitHub repository (https://github.com/async-labs/builderbook). Changes may or may not be made to the book's content and code. Company will decide which, if any, updates to make.
Company reserves the right but does not have the obligation to:
(1) monitor the Website for violations of this Agreement;
(2) take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
(3) in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
(4) in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
(5) otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
Term and Termination
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
Without limiting any other provision of this agreement, company reserves the right to, in company’s sole discretion and without notice or liability, deny access to and use of the website and the company services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation, and company may terminate your use or participation in the website and the company services, delete your profile and any content or information that you have posted at any time, without warning, in company’s sole discretion.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
You understand that certain states allow you to cancel this agreement, without any penalty or obligation, at any time prior to midnight of company’s third business day following the date of this agreement, excluding sundays and holidays. To cancel, contact us during normal business hours using the contact information listed below.
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications:
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
Disputes:
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
With Company
(1) Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Washington, without regard to conflict of law provisions.
(2) Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
(3) Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
(4) Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(5) Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
Disclaimers
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services. You agree that your use of the website and company services will be at your sole risk.
Limitations of Liability
In no event shall company or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the website or company services.
Indemnity
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Notices
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
User Data
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
Privacy Policy
The short version:
(1) 'Builder Book' creates and sells digital books at builderbook.org.
(2) 'Readers' purchase books sold by Builder Book.
(3) We do not show ads on any of our products and we do not sell any of your information to third parties.
(4) Readers must sign up with a Google account to purchase and read books.
(5) We use Google solely for signing up and logging in. We do not access, store, or sell any information from your Google account or your Builder Book account.
(6) We add Reader email addresses to a Mailchimp list for occasional communication regarding book and company updates.
(7) We use Stripe to securely process payments. We do not store any payment information in our databases.
The long version:
Please read our privacy policy carefully to get a clear understanding of how we use, protect or otherwise handle your Personally Identifiable Information in accordance with our website. You will be notified of any Privacy Policy changes on our Privacy Policy Page.
What personal information do we ask people to provide on our website?
When registering or placing an order on our site, as appropriate, you may be asked to enter your name, email address, credit card information or other details to help you with your experience.
Readers sign up for our Builder Book using their Google account. We do not access your Google account, and we do not store any information from your Google account or sell any of your information to third parties.
How do we use your information?
We may use the information you provide when you register, make a purchase, use other site features in the following ways:
(1) To improve our website in order to better serve you.
(2) To allow us to better service you in responding to your customer service requests.
(3) To process your transactions.
(4) To send emails regarding your order.
We send you emails in order to:
(1) Provide information, respond to inquiries, and/or other requests or questions.
(2) Process orders and to send information and updates pertaining to orders.
(3) Provide you additional information related to your product and/or service.
How do we protect your information?
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order or enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider (Stripe) and are not stored or processed on our servers. You can change your personal information by logging into your account.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information.
We use cookies to authenticate when you login and logout of our app. We do not use cookies to track your online browsing behavior or show advertisements or marketing materials. We do not allow any type of advertising on our website.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It will not affect the functionality of the site.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information. We do not include or offer third-party products or services on our website. We do not allow third-party behavioral tracking.
We use Google Analytics to monitor our site traffic and understand from which sites users come to our site. We do not use Google AdSense on our website. To prevent collection of your data by Google Analytics, you can opt out by using the Google Analytics Opt Out Browser add on.
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify you via email or via in-site notification within 7 business days.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
Contacting Us
If there are any questions regarding these terms of service of privacy policy, or to resolve any complain with the Company, please contact us:
builderbook.org
team@builderbook.org