Terms & Conditions
YOUR USE OF THE WEBSITE AND THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
The Overcupbooks.com website, including all of its features and content (“Website”) is a service made available by Overcup Press, LLC (d.b.a. Overcup Press, d.b.a. Overcup Books) and all content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website (“Content”) may be used solely under the following terms and conditions of use (“Terms of Use”).
1. Website Limited License. The Website and the Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and the Content in accordance with these Terms of Use. Overcup Press may terminate this license at any time for any reason. Certain features and areas of the Website require you to register, create an account and become a Member of the Website (each, a “Member”). Additionally, you must be at least 13 years old to use the Website.
2. Fees and Payments.
The Website enables you to purchase certain goods and services. You may be directed to a third party website in order to make a purchase, in which case these Terms of Use will not apply to your use of that third party website or to your purchase of those goods and services. Please review the terms governing your use of those third party websites and your purchases thereon.
3. Limitations on Use; Third Party Communications.
3.1. Limitations on Use. Unless otherwise agreed by Overcup Books and you in a separate written agreement, the Content on the Website is for your personal use only and not for commercial exploitation. You may not use the Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use the Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of the Website or the Content. You may not use, transfer, distribute or dispose of the Website or the Content in any manner that could compete with the business of Overcup Press. You may not use or otherwise export or re-export the Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is prohibited.
3.2. Third Party Communications. Overcup Press disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Overcup Press assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Website or Content.
4. Intellectual Property Rights.
4.1 Except as expressly provided in these Terms of Use or a separate signed written agreement between you and Overcup Press, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation, those related to copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
4.2 The Website will contain interactive areas which may include, without limitation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Interactive Areas”). Unless otherwise provided in a separate written agreement between you and Overcup Press, all content original to you that you post to the Interactive Areas (collectively, “Postings”) is solely your property. You grant to Overcup Press a non-exclusive, royalty-free, worldwide license to use, authorize use of and have used on its behalf any Postings. Said license is without any payment, permission or notification due from Overcup Press to you or any third party. The license includes the right to make, use, reproduce, publish, modify, adapt, prepare derivative works of, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed. You may remove your Postings at any time. If you remove any Posting, Overcup Press will cease using that particular Posting in promotional materials and derivative Postings; provided that (i) Overcup Press may not be able to control uses of your Postings made by other users and will not be liable for any use by a third party and (ii) Overcup Press may maintain a copy of removed Postings for archival and legal purposes.
4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Overcup Press a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms of Use and (ii) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.
4.4. You acknowledge and agree that your submission of Postings to the Website does not create any new or alter any existing relationship between you and Overcup Press.
4.5. By submitting Postings to the Website, you acknowledge and agree that Overcup Press may create on its own ideas that may be, or may obtain submissions that may be, similar to Postings you submit. Any such similarities will be coincidental; provided however that you shall have no recourse against Overcup Press for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Overcup Press, except as otherwise provided herein.
5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Overcup Press has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Overcup Press reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Overcup Press will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Overcup Press regarding any alleged copyright infringement should be directed to Overcup Press via email at: contact@Overcupbooks.com.
5.1 Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a)Your name, address, telephone number, and email address (if any);
b) A description of the copyrighted work that you claim has been infringed;
c)A description of where on the Website the material that you claim is infringing may be found, sufficient for Overcup Press to locate the material (e.g., the URL);
d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Overcup Press, its agent, or the law;
e)A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright Overcup Press or are authorized to act on the copyright Overcup Press’s behalf; and
f)Your electronic or physical signature.
5.2 Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Overcup Press with a written counter-notification containing the following information:
a)Your name, address, and telephone number;
b) A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
c)A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Overcup Press may be found (which includes the Oregon - United States District Court), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
e)Your electronic or physical signature.
6. No Solicitation. You shall not distribute on or through the Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Overcup Press.
7. Advertisers. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Overcup Press will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
8. Registration. Certain sections of the Website may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Overcup Press of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Overcup Press does not permit a) anyone other than you to use or access the Content or sections of the Website requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Overcup Press immediately by emailing contact@Overcupbooks.com.
9. Postings in Interactive Areas of the Website.
9.1. Postings to be Lawful. If you participate in Interactive Areas on the Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Overcup Press may delete your Postings at any time for any reason or no reason without permission from you.
9.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
9.3. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Overcup Press with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Overcup Press discover that you have done so, Overcup Press will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Overcup Press to actively screen the information that you provide.
9.4. No Monitoring of Postings. Overcup Press has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Overcup Press however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
9.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use of the Interactive Areas of the Website, its Content, or Postings is expressly prohibited.
10. Errors and Corrections. Overcup Press does not represent or warrant that the Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Overcup Press does not warrant or represent that the Content or Postings available on or through the Website will be correct, accurate, timely, or otherwise reliable. Overcup Press may make improvements and/or changes to its features, functionality, Content or Postings at any time.
11. Third Party Content. Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Overcup Press shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Overcup Press. Further, information and opinions provided by employees and agents of Overcup Press in Interactive Areas are not necessarily endorsed by Overcup Press and do not necessarily represent the beliefs and opinions of Overcup Press.
12. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
13. DISCLAIMER. THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. OVERCUP PRESS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OVERCUP PRESS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
14. LIMITATION OF LIABILITY. OVERCUP PRESS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. OVERCUP PRESS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OVERCUP PRESS’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND OVERCUP PRESS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
15. Indemnification. You agree to indemnify, defend and hold harmless Overcup Press, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false or misleading information that you submit to Overcup Press.
16. Third Party Rights. The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability) and 15 (Indemnification) are for the benefit of Overcup Press and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. Unlawful Activity; Termination of Access. Overcup Press reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Overcup Press deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Member profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Overcup Press may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.
18. Remedies for Violations. Overcup Press reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other Overcup Press websites and their features.
19. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the internal law of the State of Oregon without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of Oregon in the County of Multnomah and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
20. Privacy. Your use of the Website is subject to Overcup Press’s Privacy Policy http://overcupbooks.com/privacy.
21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, the Interactive Areas, the Content and the Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
22. Modifications to Terms of Use. Overcup Press reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.