Terms and Conditions
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor”(which means that you simply browse the Website) or you are a “Member” (which means that you have registered with Brain&Paper and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
Amendments. Brain&Paper may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Brain&Paper on the Website, (2) for existing Users, thirty (30) days after posting by Brain&Paper on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Brain&Paper sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
- Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Brain&Paper Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
- Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My Brain&Paper Account” page.
BRAIN&PAPER MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Brain&Paper profile information from our live databases as well as any Content that you uploaded to the Brain&Paper Website using such Account. Brain& Paper will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
- Fees. You acknowledge that Brian&Paper reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Brain&Paper on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Brain& Paper as set forth on the Website.
- Conditions of sale.
4.1 Eligibility: Credit Card Terms.
To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Brain&Paper currently does not accept cash and checks, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Brain&Paper invoices the credit card for all amounts due and payable. By providing Brain&Paper with your credit card number and associated payment information, you agree that Brain&Paper is authorized to immediately invoice your account for all fees and charges due and payable to Brain&Paper as a result of your purchase of any Books or other products. You agree to immediately notify Brain&Paper of any change in your billing address or the credit card used for payment hereunder. Brain&Paper reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
4.2 Fees and Charges.
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Brain&Paper with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. Brain&Paper may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Brian&Paper has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following email address: firstname.lastname@example.org If Brain&Paper does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Brain&Paper or its agents.
All sales of Books and other products are subject to Brain&Paper’s then-current return policies, as posted on the Website.
- Order acceptance policy.
Your receipt of an electronic or other form of order confirmation does not signify Brain&Paper’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Brain&Paper reserves the right at any time after receipt of your order to accept or decline your order for any reason. Brain&Paper further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Brain&Paper upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
- Title and Risk of Loss.
All sales of Books and other products are made through shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent.
When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Brain&Paper immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
- Your Book Content.
“Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to Brain&Paper for Books and print services, or that you contribute to the Books of other Members. BRAIN&PAPER HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
8.2 Ownership of Your Book Content.
You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Book Content.
You may use the Brain&Paper’s website (vendor page) to submit your Book Content to Brain&Paper for sales or submit your Book Content by providing us with a PDF which meets the specifications required by Brain&Paper
In order for Brain&Paper to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
8.4.1 License to sale your Books.
You hereby grant to Brain&Papera non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Books). You agree that Brian&Paper reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
8.4.2 License to use your Book Content for optional Brain&Paper features.
In the event you decide to use any optional feature that Brain&Paper may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Brain&Paper a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for Brain&Paper to provide such optional features.
8.5 ISBN Numbers; Publisher Status.
Brain&Papermay provide features that permit you to include an International Standard Book Number (“ISBN”) with your Book. Depending on the features, you may be permitted to acquire an ISBN through Brain&Paperor provide your own ISBN for inclusion in your Book. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE METHOD YOU USE TO OBTAIN AN ISBN FOR YOUR BOOK(S), BRAIN&PAPER IS NOT THE PUBLISHER OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT) AND YOU WILL NOT STATE OR OTHERWISE SUGGEST THAT BRAIN&PAPER IS THE PUBLISHER OF YOUR BOOKS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PUBLISHER OF YOUR BOOK(S) (INCLUDING YOUR BOOK CONTENT) AND, IN ANY CASE, THAT YOU BEAR THE FULL AND ULTIMATE RESPONSIBILITY FOR THE PUBLICATION AND DISTRIBUTION OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT).
- Brain&Paper Content
The Services contain Content of Brain&Paperand its licensors (“Brain&Paper Content”). Brain&Paper and its licensors (including Users) own and retain all proprietary rights in the Brain&Paper Content and the Services. Brain&Paper hereby grants you a limited, revocable, non-sub licensable license to reproduce and publicly display the Brain&Paper Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Brain&Paper Content.
- Other Content
Notwithstanding Section 8.4.2 above, You hereby grant to Brain&Paper an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Book Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”). Examples of Other Content include your digital correspondences with Brain&Papervia social media, any public information you upload about a Book through our Website, and public profile information you provide through our Website. We may use Other Content in our internal and external marketing materials as well as to provide you with better service and support.
- Your Content and Activity.
You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, and for your interactions with other Users. You agree that Brain&Paper retains the right to create limits on Brain&Paper’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content.
YOU MAY NOT INCLUDE “PUBLISHED BY BRAIN&PAPER”, “BRAIN&PAPER PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT BRAIN&PAPER IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content”includes Book Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing, or “spamming”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of Brain&Paper; or (xii) otherwise violates this Agreement or creates liability for Brain&Paper. BRAIN&PAPER RESERVES THE RIGHT TO REFUSE TO SELL, UPLOAD ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold Brain&Paper and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile.
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction.
You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption.
You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Brain&Paper page via HTML, CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
You will not attempt to impersonate another User or person, including any employee of Brain&Paper. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by Brain&Paper.
Brain&Paper has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Brain&Paper violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Brain&Paper, its suppliers, service providers, partner companies, or any User. Brain&Paper reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
- Copyright Policy.
It is Brain&Paper’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to Brain&Paper by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Brain&Paper’s Copyright Agent for notice of claims of copyright infringement is as follows:
You may correct your information by signing in your account. Or you may also email to email@example.com. If you want to close your account or have other questions or requests, please contact us.
BRAIN&PAPER GIFT CARDSThe following provisions govern the offering of Gift Cards (as defined below) by Brain&Paper and are an integral part of the Brain&Paper Terms and Conditions that can be found at https://www.brainandpaper.com/terms-and-conditions.
1.1 Purchasing Gift Cards. Brain&Paper offers gift cards (“Gift Cards”) that can be purchased and redeemed through the Brain&Paper Bookstore. You must have an Account with Brain&Paper to purchase or redeem Gift Cards; purchasing or redeeming Gift Cards constitutes acceptance of the Brain&Paper Terms and Conditions. Unless expressly stated otherwise, Gift Cards will be provided by Brain&Paper in electronic form only.
1.2 Redeeming Gift Cards. Gift Cards may only be redeemed through the Brain&Paper Bookstore and may not be redeemed towards previous purchases. Every purchase made with a Gift Card (plus any applicable shipping/handling fees, taxes, and other fees that may apply) is deducted from the Gift Card balance and any unused Gift Card balance will remain on the Gift Card account. Gift Card balances will be used against the total order placed on the Bookstore and not against specific items of such order. If any purchase exceeds the Gift Card account, the balance must be paid with a credit card or any other payment method accepted in the Bookstore.
1.3 Gift Card Account. The balance of a Gift Card can be reviewed by the purchaser or holder of the Gift Card by entering the respective Gift Card code into the form that is provided by Brain&Paper for this purpose on the Website.
1.4 Restrictions. Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards and Gift Cards cannot be reloaded or recharged, or redeemed together with a coupon or other Gift Cards for the same order. Except as expressly allowed by Brain&Paper, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. If applicable law requires Brain&Paper to redeem Gift Cards for cash, check, or other means of payment, Brain&Paper reserves the right to select any of the foregoing at its discretion. Gift Cards can only be redeemed for purchases in the currency that matches the personal currency preferences set for the respective Account. Brain&Paper reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Brain&Paper reasonably believes that Gift Cards are abused or used or obtained fraudulently.
1.5 Risk of Loss. The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Brain&Paper to the purchaser of the Gift Card. Brain&Paper has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting Customer Support.
1.6 Expiration date or fees. Gift Cards has a one (1) day/ 24 hours expiration date, immediately after successful purchase and Brain&Paper charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.
1.7 Limitation of Liability. GIFT CARDS ARE PROVIDED BY BRAIN&PAPER FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. BRAIN&PAPER IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD.
You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in this Section restricts such rights you may have.E