WEBSITE TERMS OF USE AGREEMENT
Acceptance of Terms
The indieBRAG website, (the “Website”) and all of its content and services is owned and/or operated by indieBRAG, LLC (“indieBRAG”). Your use of this Website is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the “Agreement”). Additional terms and conditions may govern your use of the Website including the indieBRAG Privacy Policy.
B.R.A.G. Medallion Certification
You acknowledge and agree that nominating or submitting a book for consideration, and paying the non-refundable nomination processing fee, does not guarantee or increase the chances that your book will be selected by indieBRAG or its readers.
Additionally, nominating or submitting a book for consideration, and paying the non-refundable nomination processing fee, does not grant you the right to use the B.R.A.G. Medallion certification trademark. Only books selected by indieBRAG may use the B.R.A.G. Medallion certification trademark, and such use is governed under a separate written agreement between the book’s author and indieBRAG. If your book is selected by indieBRAG to receive the B.R.A.G. Medallion, indieBRAG will notify you in writing.
Non-refundable Nomination Fee
You acknowledge and agree that the nomination processing fee paid to indieBRAG is non-refundable even if your nominated book is not selected by indieBRAG or its readers.
No Reviews
You acknowledge and agree that indieBRAG is not a paid book review website or service and that being nominated for and/or receiving the B.R.A.G. Medallion, or any other feedback provided by indieBRAG or one or more of its readers, does not constitute and should not be interpreted to represent a book review. It is intended to simply provide impartial feedback to the author.
Intellectual Property and Usage Restrictions
The content contained on the Website, including the arrangement and compilation of such content, is the exclusive property of indieBRAG and is protected by U.S. and international copyright laws. The name “indieBRAG” and the B.R.A.G. logos are trademarks of indieBRAG, LLC. The B.R.A.G. Medallion is a certification trademark owned and controlled by indieBRAG, LLC.
You may not copy, reproduce, republish, post, distribute, transmit, modify, or otherwise use in any way any part of the Website without the express prior written consent of indieBRAG. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. indieBRAG will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Use of Website Content
The Website features information about independently published books. You may use the information contained on this website for personal, non-commercial purposes. You may not copy or post information contained on this website on any other website, online forum, blog, or other online method without indieBRAG’s written permission.
Modifications to Service
indieBRAG reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at any time without notice to you. indieBRAG is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
Book Reviews
indieBRAG attempts to describe the books and authors discussed on the Website as accurately as possible. However, indieBRAG does not warrant that information or other content of this Website are accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information please contact indieBRAG at contact@bragmedallion.com so that indieBRAG may correct the error.
Hyperlinking
You do not need to ask permission to link directly to the Website. However, you may not load the Website or any portion of the website into frames on your Website. Furthermore, by linking to the Website, you cannot imply any partnership, licensee/ licensor or other affiliate relationship between indieBRAG and your organization or company. indieBRAG, in its sole discretion, reserves the right to prohibit linking to the Website where linking creates consumer confusion, creates or implies false or misleading statements about indieBRAG or its services, or where such links may injure the business reputation of indieBRAG.
The Website may contain links to other websites not affiliated with indieBRAG. indieBRAG is not responsible for the content or reliability of the linked websites.
Disclosure and Use of Your Communications
Any personal or business information provided to indieBRAG by you, or collected by indieBRAG through the use of the Website will be maintained in accordance with indieBRAG’s Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by indieBRAG or its affiliates or service providers. indieBRAG is not responsible for inaccurate, false or incomplete information.
Unsolicited Ideas and Information
indieBRAG welcomes feedback, questions and comments about its services and this Website.As a general policy, indieBRAG does not accept unsolicited book submissions (except for book nominations for the B.R.A.G. Medallion), manuscripts, or book reviews through this Website. indieBRAG independently selects the books it reviews and awards the B.R.A.G. Medallion to. Notwithstanding, all communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of indieBRAG and may be used by indieBRAG for any purpose whatsoever, commercial or otherwise, without compensation to you. If you submit information to this website, you are doing so on a non-confidential, non-proprietary basis. Subject to indieBRAG’s Privacy Policy, indieBRAG shall be entitled to use such information in any manner, in its sole discretion, without restriction. If you have questions regarding this provision, we encourage you to contact indieBRAG at contact@bragmedallion.com prior to use the Website.
Jurisdiction
The services and information on this Website are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the State of Wisconsin. All disputes arising from your use of this Website or under this Agreement shall be resolved in a court located in Wisconsin, without reference to conflict of laws or choice of laws statutes.
Governing Language
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
Limited Warranty and Disclaimer of Warranties
The Website and its content are made available to users AS IS without any warranty of any kind. indieBRAG makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of this Website. indieBRAG, to the greatest extent permissible by law, disclaims any and all warranties, express or implied. Further, indieBRAG does not warrant or represent that this site or the server that makes it available is error-free or that the site will be uninterrupted or free of defects, including, without limitation, computer viruses, worms, bugs, timebombs, or any other similar problems and/or defects.
Limitation of Liability
indieBRAG shall not be liable for damages of any kind including, without limitation, compensatory, special, incidental, exemplary, lost profits, loss of revenue, and/or consequential damages arising out of your access to or inability to access this Website, or your use of or reliance upon this site or the content hereof. In addition, indieBRAG has no duty to update this site, or the content thereof, and indieBRAG shall not be liable for any failure to update such information. Further, indieBRAG is neither responsible nor liable for your use of other Web sites that you may access via links within this Website. Those links and other resources referenced on this Website are provided merely as a service to users, and inclusion in indieBRAG’s site does not constitute an endorsement by OR affiliation with indieBRAG.
Indemnification
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, indieBRAG and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
Reservation of Rights
indieBRAG, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by indieBRAG relating to the subject matter herein.
Digital Millennium Copyright Act (DMCA) Notification
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), indieBRAG will respond promptly to claims of copyright infringement that are reported to the undersigned agent designated to receive notifications of claims infringement (its “Designated Agent”). indieBRAG’s Designated Agent may be reached at: contact@bragmedallion.com
or by writing,
indieBRAG, LLC
Attn: DMCA Agent
24447 Haven Ridge Lane Aldie, Virginia 20105
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
indieBRAG or its legal counsel will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.