Terms and Conditions
Agreement between user and Featheread.com
Welcome to Featheread.com. The Featheread.com website (the "Site") is comprised of various web pages operated by Cenode ("Cenode"). Featheread.com isoffered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use ofFeatheread.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Featheread.com is a Ebook publishing Site
The purpose of Featheread.com is to allow amateur authors to share their writings with the world. Our intent is to connect readers to authors and authorsto publishers.
Electronic Communications
Visiting Featheread.com or sending emails to Cenode constitutes electronic communications. You consent to receive electronic communications and you agreethat all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legalrequirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, andyou agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account toany other person or entity. You acknowledge that Cenode is not responsible for third party access to your account that results from theft ormisappropriation of your account. Cenode and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content inour sole discretion.
Cenode does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may useFeatheread.com only with permission of a parent or guardian.
Links to third party sites/Third party services
Featheread.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Cenode and Cenode is not responsible forthe contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cenode isproviding these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cenode of the site or any association withits operators.
Certain services made available via Featheread.com are delivered by third party sites and organizations. By using any product, service or functionalityoriginating from the Featheread.com domain, you hereby acknowledge and consent that Cenode may share such information and data with any third party withwhom Cenode has a contractual relationship to provide the requested product, service or functionality on behalf of Featheread.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Featheread.com strictly in accordance with these terms of use. As acondition of your use of the Site, you warrant to Cenode that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Youmay not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of theSite. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through theSite.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site,is the property of Cenode or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agreeto observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make anychanges thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of thecontent, in whole or in part, found on the Site. Cenode content is not for resale. Your use of the Site does not entitle you to make any unauthorized useof any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will useprotected content solely for your personal use, and will make no other use of the content without the express written permission of Cenode and thecopyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, tothe intellectual property of Cenode or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message orcommunication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agreeto use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten orotherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate,profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other materialprotected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessaryconsents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another'scomputer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows suchmessages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service thatyou know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper noticesor proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit anyother user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particularCommunication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicablelaws or regulations.
Cenode has no obligation to monitor the Communication Services. However, Cenode reserves the right to review materials posted to a Communication Serviceand to remove any materials in its sole discretion. Cenode reserves the right to terminate your access to any or all of the Communication Services at anytime without notice for any reason whatsoever.
Cenode reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmentalrequest, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cenode's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cenode does notcontrol or endorse the content, messages or information found in any Communication Service and, therefore, Cenode specifically disclaims any liability withregard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorizedCenode spokespersons, and their views do not necessarily reflect those of Cenode.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible foradhering to such limitations if you upload the materials.
Materials provided to Featheread.com or posted on any Cenode web page
Cenode does not claim ownership of the materials you provide to Featheread.com (including feedback and suggestions) or post, upload, input or submit to anyCenode Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission youare granting Cenode, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of theirInternet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cenode is under no obligation to post or use any Submissionyou may provide and may remove any Submission at any time in Cenode's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights toyour Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit theSubmissions.
Third Party Accounts
You will be able to connect your Cenode account to third party accounts. By connecting your Cenode account to your third party account, you acknowledge andagree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third partysites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Cenode from our offices within the USA. If you access the Service from a location outside the USA,you are responsible for compliance with all local laws. You agree that you will not use the Cenode Content accessed through Featheread.com in any countryor in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Cenode, its officers, directors, employees, agents and third parties, for any losses, costs, liabilitiesand expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postingsmade by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws,rules or regulations. Cenode reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will fully cooperate with Cenode in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisionshereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final andbinding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American ArbitrationAssociation, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall befinal, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitrationarises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. Theparties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms andConditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the FederalArbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions arenot permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBERIN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any formof a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AREPERIODICALLY ADDED TO THE INFORMATION HEREIN. CENODE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CENODE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCHINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CENODE AND/OR ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENODE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TOPROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USEOF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CENODE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THEPOSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVEREMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Cenode reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time,without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to theexclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorizedin any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cenode as a result of this agreement or use of theSite. Cenode's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation ofCenode's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided toor gathered by Cenode with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable lawincluding, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will bedeemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shallcontinue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cenode with respect to the Site and it supersedesall prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cenode with respect to the Site. Aprinted version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon orrelating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated andmaintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Cenode reserves the right, in its sole discretion, to change the Terms under which Featheread.com is offered. The most current version of the Terms willsupersede all previous versions. Cenode encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Cenode welcomes your questions or comments regarding the Terms:
Cenode
5702 Rockwell Dr.
Bakersfield, California 93308
Email Address:
Telephone number:
(707) 341-6633
Effective as of July 04, 2014