The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
- All notices from CheckerberryRoad.com to You 'may' be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to CheckerberryRoad.com shall be made either by e-mail, sent to the address we provide on our Web site. Delivery shall be deemed to have been made by You to CheckerberryRoad.com five (5) days after the date sent. PLEASE BE SURE TO READ CAREFULLY AS USE OF CHECKERBERRYROAD.COM BINDS YOU TO THESE TERMS. TERMS AND CONDITIONS All sales final for downloaded products Welcome to CheckerberryRoad.com, where unpublished writers and authors can display and sell their original works in ebook form and readers can purchase ebooks with an immediate download. Please read these Terms and Conditions carefully as they are the terms and conditions that you agree to when using the CheckerberryRoad.com service and the CheckerberryRoad.com website. Originality and Plagiarism policy CheckerberryRoad.com does not profess or guarantee the originality of any work posted here other than the original work authored by Joe Ellsey. All other work is taken at the word of the submitter. CheckerberryRoad.com does not condone and will not tolerate any instances of plagiarism or copyright infringement. Any work posted on the site that is suspected of plagiarism or copyright infringement will be removed immediately. CheckerberryRoad.com is merely the vessel for authors to post and sell their original work. CheckerberryRoad.com makes no claim to have confirmed originality or copyright and individual authors bear the full and total legal responsibility for the originality of the work they submit. By using this website and submitting work you claim is yours - you agree to accept full responsibility of any copyright infringement or plagiarism charges brought against work you submit. Terms and Conditions 1) These Terms and Conditions form the agreement which governs a User?s relationship with CheckerberryRoad.com. 2) By registering as a member of CheckerberryRoad.com or by using the CheckerberryRoad.com website as a User you agree to be bound by these Terms and Conditions. 3) CheckerberryRoad.com may amend these Terms and Conditions in whole or in part from time to time, without notice. When the Terms and Conditions are changed, CheckerberryRoad.com will announce the change on the CheckerberryRoad.com site regarding the change. If you do not agree to be bound by any changes and you are a: (a) User of any type on CheckerberryRoad.com,you must promptly notify CheckerberryRoad.com to end registration and discontinue your use of the CheckerberryRoad.com service and the CheckerberryRoad.com website. (b) Member that is a Registered User, you must promptly notify CheckerberryRoad.com to end registration as a Member and discontinue your use of the CheckerberryRoad.com service and the CheckerberryRoad.com website; (c) Customer that is a Guest Visitor or a User, you must discontinue your use of the CheckerberryRoad.com . If you do not do all of these things and/or you continue to use the CheckerberryRoad.com service and/or the CheckerberryRoad.com website after we have posted a change to these Terms and Conditions, you are deemed to have agreed to be bound by all of the changes. 4) CheckerberryRoad.com may terminate or suspend these Terms and Conditions immediately for any reason and without prior notice to you. 5) You must also comply with any policy or any other terms contained on the CheckerberryRoad.com website. Such policies and terms are deemed to form part of these Terms and Conditions. CheckerberryRoad.com reserves the right to amend any such policy or other terms from time to time, at its sole discretion, and without notice to you. 6) CheckerberryRoad.com reserves the right to transfer or assign any of its rights or obligations under these Terms and Conditions to another person (?new Licensee?) without giving you notice and without any need to obtain your consent (a ?Licensee Change?). If you use the CheckerberryRoad.com service and/or the CheckerberryRoad.com website after a Licensee Change you agree that: (a) those rights and obligations which have been transferred to the new Licensee may be exercised and performed by the new Licensee; (b) CheckerberryRoad.com is released from performing those obligations which have been transferred to the new Licensee; (c) all applicable references in these Terms and Conditions to CheckerberryRoad.com shall be references to the new Licensee; and (d) if CheckerberryRoad.com has transferred all of its rights and obligations under these Terms and Conditions then these Terms and Conditions form a new agreement between you and the new Licensee from the date of the Licensee Change. Definitions In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings: ?Account Information? means the information you provide when becoming a Registered User and any changes to it. ?CheckerberryRoad.com service? means the service provided by CheckerberryRoad.com by which writers can sell a copy of their work to Customers and Customers can purchase a copy of the work directly from CheckerberryRoad.com. ?CheckerberryRoad.com website? means this website. ?Customer? means a person who purchases material from CheckerberryRoad.com. A Customer may be a Registered User or a Guest Visitor. ?Guest Visitor? means a User, other than a Registered User. ?PayPal? means PayPal Inc., and a reference to using PayPal means using the service provided by PayPal. ?Registered User? means a person who registers with CheckerberryRoad.com. ?Terms and Conditions? means these terms and conditions, as amended from time to time. ?User? means a person who uses the CheckerberryRoad.com service. How the CheckerberryRoad.com service and CheckerberryRoad.com website works 1) CheckerberryRoad.com provides a venue in which writers may sell a copy of their work in an ebook form to Customers. CheckerberryRoad.com simply converts your submitted work to a downloadable format. CheckerberryRoad.com is providing a platform and avenue for writers - particularly unpublished writers - to sell their material to Customers. CheckerberryRoad.com earns a 50% commission for each purchase and download of an individual's work. 2) CheckerberryRoad.com does not profess or guarantee the originality of any writer's work posted on this website other than works of Joe Ellsey- creator of CheckerberryRoad.com Registering with CheckerberryRoad.com to become a Registered User 1) You may only become a Registered User if you are at least 18 years of age and a contract may be legally enforced against you. You represent and acknowledge that you have the legal capacity to enter into and be bound by these Terms and Conditions, and that the entering into of these Terms and Conditions does not conflict with any arrangements or agreements between you and any other person or entity. If you are not at least 18 years of age or a contract is not able to be legally enforced against you then you may not become a Registered User and must have your parent or legal guardian become the Registered User. 2) To become a Registered User you must set up an account (mandatory to submit work). When you set up that account you acknowledge and warrant that you have correctly, accurately and fully completed the information in the Contact Information form with current information on the CheckerberryRoad.com website. In the event that any of your Account Information changes in the future, you must promptly update your Account Information to ensure that the information is accurate and current. It is your responsibility to keep current all of your Account Information on the CheckerberryRoad.com website. CheckerberryRoad.com may contact you by post or email to confirm or require proof of your details and may check the internet protocol address you are using to confirm the country you have listed as your place of residence. 3) CheckerberryRoad.com reserves the right to decline to register you without notice or discussion with you and may do so if you violate these Terms and Conditions. 4) As a Registered User, you agree that: (a) you are solely responsible for all use of the CheckerberryRoad.com service and the CheckerberryRoad.com website and for any transactions which occur through the use of your Login Name and Password in the online store, whether or not you used or authorized the use of your Login Name and Password; (b) In order to use the basic CheckerberryRoad.com service you are not required to provide any taxpayer information. Canceling your Registration 1) If you wish to cancel your registration as a Registered User, please contact us with a specific request to do so. You can contact us by sending an email to joe.ellsey@checkerberryRoad.com. 2) CheckerberryRoad.com reserves the right to terminate your registration as a Registered User without notice or discussion with you and may do so if you violate these Terms and Conditions. 3) CheckerberryRoad.com may ban Users who violate any policy contained on the CheckerberryRoad.com website. Complaints procedure 1) Any User, upon discovering material which they believe has been incorrectly classified, may make a complaint to CheckerberryRoad.com by sending an email to joe.ellsey@checkerberryRoad.com. 2) The complaint will be considered and may result in the re-classification, suspension or removal of the material at CheckerberryRoad.com?s sole discretion. 8. Feedback 1) Users may provide feedback on any material by posting it on the CheckerberryRoad.com website. All feedback will be regarded as public information. CheckerberryRoad.com is free to reproduce, use, disclose, adapt or distribute any feedback or any ideas, concepts, know-how or techniques contained in feedback, without limitation. 2) CheckerberryRoad.com does not make any representations about nor endorses nor accepts any responsibility for the material or views of any feedback. 3) Feedback provided must not purport to bind CheckerberryRoad.com nor contain offensive, defamatory, unlawful or inappropriate language. CheckerberryRoad.com reserves the sole right to determine what is considered offensive, defamatory, unlawful or inappropriate language and to remove feedback at its discretion. Privacy 1) CheckerberryRoad.com collects your personal data when you become a Registered User and/or any time you access and use the CheckerberryRoad.com service and/or CheckerberryRoad.com website. 2) The information collected by CheckerberryRoad.com will be held by CheckerberryRoad.com?s electronic database. CheckerberryRoad.com may use a third party to manage the server on which the database resides. 3) You agree that CheckerberryRoad.com may collect and use Account Information and any other personal data collected for the following purposes: (a) to fulfil Customer requests to purchase material and otherwise provide the CheckerberryRoad.com service (b) to conduct research (c) for statistical purposes (d) to contact you (e) to enable CheckerberryRoad.com to assess and make improvements the CheckerberryRoad.com services and the CheckerberryRoad.com website 4) CheckerberryRoad.com may also disclose Customer details to affiliates (including the Customer?s country of origin) and affiliate details to Customers in fulfilling a request by a Customer to purchase material. CheckerberryRoad.com will endeavor to limit access to your personal data to only those CheckerberryRoad.com employees who reasonably need access for these purposes. 5) You acknowledge that: (a) if you upload personal data in any areas designated for posting and/or sale of material or for providing feedback, that information will be widely available to other Users. It is your responsibility to not upload or post any personal data to these areas that you do not want to be accessible by Users. If affiliates make their personal data available where the Content is available to be viewed or purchased CheckerberryRoad.com does not guarantee that that personal data will be protected. CheckerberryRoad.com does not exercise any control over personal data uploaded or posted in the areas designated for posting and/or sale of Content or for providing feedback. 6) CheckerberryRoad.com is not liable for any loss or damage that may be suffered or incurred due to use of Account Information or personal data that was made available as part of Content or feedback uploaded to, or posted on, the CheckerberryRoad.com website. 7) CheckerberryRoad.com may disclose personal data under the following circumstances: (a) in response to subpoenas, court order, other legal process, or as otherwise required by law; (b) to establish or exercise CheckerberryRoad.com?s legal rights or defend against a legal claim; (c) as necessary to investigate or prevent violations of these Terms and Conditions, suspected illegal activity or threats to the physical safety of another person; (d) to CheckerberryRoad.com?s agents, contractors and partners who work on CheckerberryRoad.com?s behalf; and (e) to any purchaser or potential purchaser of CheckerberryRoad.com. 8) If you do not provide Account Information and other personal data as required by these Terms and Conditions you will not be able to use the CheckerberryRoad.com service and CheckerberryRoad.com website. Limitation of Liability 1) Use of the CheckerberryRoad.com website and the CheckerberryRoad.com service is at your own risk. 2) CheckerberryRoad.com will not be liable for any damage to your computer, data, software, files or peripherals that may be caused by your use of the CheckerberryRoad.com website and downloading Content. 3) You agree that, to the maximum extent permitted by law, in no event shall CheckerberryRoad.com or any of its directors, officers, employees, affiliates, agents or third-party licensors be liable to you or anyone else, whether such liability arises in contract, tort (including negligence, gross or otherwise), by statute or otherwise, for any consequential, indirect, special, punitive, incidental or similar damages, loss, cost or liability, or for any loss of data, profit, sales, business or anticipated savings, that you or any other person may incur or suffer directly or indirectly related to or arising from the use or inability to use the CheckerberryRoad.com services or the CheckerberryRoad.com website, material, or any transaction entered into via the CheckerberryRoad.com website or for any other reason. 4) If for any reason CheckerberryRoad.com is found to be liable to you, CheckerberryRoad.com?s liability shall be limited to 10% of the value of the transaction entered into via the CheckerberryRoad.com website to which the claim for liability arises or if there is no such transaction to which the claim relates CheckerberryRoad.com will have no liability to you whosoever. If such a limit is not permitted by law then CheckerberryRoad.com?s liability shall be limited to the maximum extent permitted by law. Exclusion of warranties 1) CheckerberryRoad.com is not a publisher. 2) CheckerberryRoad.com gives no undertakings, representations or warranties in relation to the material, including: (a) the ownership of the copyright of any material on the CheckerberryRoad.com website; (b) the description, quality, accuracy, integrity, completeness, or currentness or legality of the material; (c) that downloading material or use of the CheckerberryRoad.com website will be successful or that the CheckerberryRoad.com services and website will be uninterrupted, timely, secure or error free; and (d) that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. 3) To the maximum extent permitted by law, and without limitation, CheckerberryRoad.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement. 4) To avoid doubt, no advice or information that is provided to you by CheckerberryRoad.com shall create any warranty in relation to that advice or information. Indemnification 1) You agree to defend, indemnify and keep CheckerberryRoad.com indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by CheckerberryRoad.com to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your sale or attempted sale of prohibited material, or arising out of any Content you submit, post, list, transmit, upload or make available through the CheckerberryRoad.com services or the CheckerberryRoad.com website. Miscellaneous 1) All provisions of these Terms and Conditions relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination, expiry or the ending of the agreement between you and CheckerberryRoad.com. 2) If anything happens that is beyond reasonable control of CheckerberryRoad.com (including, without limitation, wars, sabotage, riots, labor disturbances, failure or delay of transportation, terrorist act, severe weather, natural disaster or act of God), then delays are to be expected and CheckerberryRoad.com is excused from the performance of its obligations for the duration of the relevant event. CheckerberryRoad.com shall not be liable for any delay caused by the occurrence of such event beyond its reasonable control. 3) You agree not to involve or attempt to involve CheckerberryRoad.com in any dispute or in the resolution of disputes that arise between you and any other User as a result of the use of the CheckerberryRoad.com service and the CheckerberryRoad.com website. 4) The delay or failure of CheckerberryRoad.com to exercise or enforce any right available to it under these Terms and Conditions does not constitute a waiver of that or any other right. 5) Every provision of these Terms and Conditions is intended to be severable. If any provision of these Terms and Conditions is found to be invalid or unenforceable, then such provision will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the provision will be deemed removed from these Terms and Conditions and the rest of these Terms and Conditions will remain in full force and effect. 6) These Terms and Conditions are governed by USA law. You submit to the non-exclusive jurisdiction of the USA Courts. WEBSITE TERMS Information on the CheckerberryRoad.com website 1) While CheckerberryRoad.com will take care to make the information it provides on the CheckerberryRoad.com website is up-to-date and correct, CheckerberryRoad.com does not warrant that it will be and accepts no responsibility for any errors. 2) CheckerberryRoad.com provides the opportunity for writers to upload Content to the CheckerberryRoad.com website. You acknowledge that CheckerberryRoad.com does not control the quality of uploaded Content and agree that CheckerberryRoad.com is not responsible for any material and makes no warranties in relation to it. CheckerberryRoad.com?s staff do not routinely review, monitor or check material before it is displayed for sale through the CheckerberryRoad.com website. Therefore, CheckerberryRoad.com cannot accept responsibility for the quality of the material (including spelling and grammatical errors, formatting, design, appearance, etc.). The writer who submits the material approves the visual presentation and substance of material and bears responsibility for its quality and presentation. CheckerberryRoad.com may add a cover document to the Content. 3) CheckerberryRoad.com may change the information or make improvements to any part of the CheckerberryRoad.com website, including as to the price or availability of any material, at any time, without notice. In the unlikely event that an unauthorized person makes changes to the CheckerberryRoad.com website or any Content, CheckerberryRoad.com does not accept responsibility for those changes. All errors are subject to correction. Availability and access 1) CheckerberryRoad.com will take reasonable measures to ensure that the CheckerberryRoad.com services and the CheckerberryRoad.com website are available 24 hours a day, 7 days a week. There will be times when the CheckerberryRoad.com services and the CheckerberryRoad.com website is interrupted for maintenance, upgrades and repairs or as a result of telecommunications and equipment failure that are beyond CheckerberryRoad.com?s control. CheckerberryRoad.com will take steps to minimize such disruption where it is within CheckerberryRoad.com?s control to do so. You agree that CheckerberryRoad.com will not be liable to you for any modification, suspension, discontinuance or lack of availability of the CheckerberryRoad.com services or the CheckerberryRoad.com website. 2) You are responsible for obtaining access to the CheckerberryRoad.com service and the CheckerberryRoad.com website and for the equipment required to achieve this. To do so may also require the involvement of third parties (such as Internet Service Providers). You are responsible for all fees charged by third parties in this regard. 3) It is up to you to take precautions to ensure that whatever information you select for your use is free of items such as viruses, worms, Trojan horses, or other items of a destructive nature. Links to other websites 1) Where CheckerberryRoad.com provides a link to another website you acknowledge that such a website is independent to the CheckerberryRoad.com website. 2) CheckerberryRoad.com has no control over the content of any of those websites and does not make any representations about nor endorses nor accepts any responsibility for the content, validity, accuracy, or the use, of any other website. Your obligations as a User 1) You agree not to use the CheckerberryRoad.com service and/or CheckerberryRoad.com website to: (a) upload, post or otherwise transmit or disseminate any Content, material or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable; (b) modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, profit from its use or display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms and Conditions (c) infringe the copyright or other intellectual property rights of any other person; (d) undertake any purpose that is unlawful or not permitted by these Terms and Conditions; (e) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (f) harm anyone, including minors, in any way; (g) use spam or automated messages, to market or sell Content; (h) interfere with the operation of the CheckerberryRoad.com website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening, or impairing the CheckerberryRoad.com website or interfering with any other party?s use and enjoyment of the CheckerberryRoad.com website; (i) use the Login Name and Password of any Registered User where it is not your Login Name and Password; (j) attempt to gain unauthorized access to the account of any Registered User or any computer systems or networks associated with the CheckerberryRoad.com website (k) employ a robot, spider or other process or device to harvest e-mail addresses or other Account Information or to monitor the activity on the CheckerberryRoad.com website; (l) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CheckerberryRoad.com website. (m) impersonate another person or entity or to forge any e-mail communication or message; and (n) transmit or post Content that violates these Terms and Conditions. 2) You will not remove or obscure any proprietary rights notices contained in or on the material. 3) CheckerberryRoad.com does not represent that material on the CheckerberryRoad.com website is appropriate to or available to Users in locations in all countries. If you access this CheckerberryRoad.com website you are responsible for compliance with all applicable local and national laws, rules and codes of practice that apply to you. Proprietary Rights 1 CheckerberryRoad.com is the owner of: (a) the design, format and layout of the CheckerberryRoad.com website; (b) all intellectual property rights, including all copyright, patents, and trademarks, associated with the CheckerberryRoad.com services and the CheckerberryRoad.com website, with all rights reserved, exclusive of the material provided by writers (which is owned by those writers) and third party material provided by CheckerberryRoad.com?s suppliers, agents and partners (which is owned by those parties). 2) The CheckerberryRoad.com logo and the names of all CheckerberryRoad.com products and/or services as posted or displayed on the CheckerberryRoad.com website are either trademarks or service marks, or registered trademarks and/or service marks of CheckerberryRoad.com. 3) CheckerberryRoad.com authorizes Users to use the CheckerberryRoad.com website and to copy materials posted on the CheckerberryRoad.com website, including such portion of the material that CheckerberryRoad.com makes available without requiring payment strictly for their own personal, non-commercial use. This authorization does not extend to use of the design, format, or layout of this CheckerberryRoad.com website, which may be further protected under applicable patent, trademark, passing off and copyright laws. 4) All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, CheckerberryRoad.com grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the CheckerberryRoad.com website, and in any intellectual property rights protecting such materials and subject matter. 5) Any and all other uses of the materials posted on the CheckerberryRoad.com website are prohibited. 6) If a User uploads or posts Content, feedback or any other material which infringes copyright CheckerberryRoad.com will remove that work as soon as it discovers the infringement or is notified of the infringement. Writer TERMS Scope 1) CheckerberryRoad.com agrees to allow writers to use the CheckerberryRoad.com website and CheckerberryRoad.com service to sell your material to Customers. Copyright 1) When you submit your material to the CheckerberryRoad.com service and the CheckerberryRoad.com website you keep all intellectual property in the material including any copyright, but you grant CheckerberryRoad.com the right to display that work on the CheckerberryRoad.com website, subject to these Terms and Conditions and within the guidelines you set during the uploading process. 1b) Customers are granted a right to download to their own computer, view on that computer, print one copy of and use material they have purchased for their own personal, non-commercial use and for no other purpose. Customers do not receive the right to obtain the copyright or other intellectual property in the Content, which remains with the writer. 2) You agree that CheckerberryRoad.com may make reasonable use of your material for marketing and may make minor formatting or technical modifications to your material for administrative reasons (including the addition of a sleeve document). You will be credited where your material is used in marketing and will be notified where possible. 3) You must not submit any material or other work for which you are not the copyright owner. 4) You permit CheckerberryRoad.com to make such portion of any material as CheckerberryRoad.com considers necessary available for download by Users without charge. Typically this will comprise the first chapter of the material - or excerpts of short stories - poems.. 5) As a writer, when a copy of your material is sold you sell it as data in the form of a digital signal and you grant to Customers (and you authorize CheckerberryRoad.com to grant to Customers) the rights in relation to using that material. You do not sell or license or give the Customer any copyright or other intellectual property in the Content. 6) To the maximum extent permitted by law, CheckerberryRoad.com will have no liability to writers if Customers, Users or any other person violates these Terms and Conditions, a Vendor?s intellectual property rights in material, or any other copyright agreements or arrangements already in place. The Material 1) By submitting material to the CheckerberryRoad.com service and the CheckerberryRoad.com website you represent and warrant that the material (on the date of upload and on every other date until it is removed): (a) is owned by you and that the material does not contain any personal information about any individual other than you; (b) does not violate any copyright, trademark, trade secret or other intellectual property right; (c) does not invade any individual?s right of privacy or publicity; (d) does not contain material that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable; (e) does not include malicious code, which includes, without limitation, viruses, worms, or any other computer programmes or routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; (f) does not break the law, facilitate the breaking of the law, or violate any applicable regulation, industry code or CheckerberryRoad.com rule or policy; (g) does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial Content such as that found in advertising, promotions, or solicitations; (h) to the best of your knowledge, all factual information in the material you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person; (i) complies with any other requirement set out in any policy contained on the CheckerberryRoad.com website. 2) The writer also warrants that: (a) CheckerberryRoad.com is not required to obtain any consent, license, permit, approval, classification, rating or registration in any jurisdiction to enable the writer's material to be uploaded to the CheckerberryRoad.com website, displayed on the CheckerberryRoad.com website or sold through the CheckerberryRoad.com service; (b) it has obtained and will maintain for so long as the material is displayed on the CheckerberryRoad.com website, any consent, license, permit, approval, classification, rating or registration in any jurisdiction that is needed for the material to be uploaded to the CheckerberryRoad.com website, displayed on the CheckerberryRoad.com website or sold through the CheckerberryRoad.com service; and (c) no consent, license, permit, approval, classification, rating or registration in any jurisdiction that the Vendor has obtained requires: (i) CheckerberryRoad.com to take any action, display any warnings or do anything else in relation to the display and sale of that Content on the CheckerberryRoad.com website or through the CheckerberryRoad.com service; (ii) a Customer to take any action or do anything else in order to purchase a copy of that Content through the CheckerberryRoad.com service. 3) You are solely responsible for the material which you generate, upload or forward to CheckerberryRoad.com. You agree that you will not hold CheckerberryRoad.com responsible for any inadvertent damage to, corruption of or destruction of the material. 4) You are responsible for backing up all material on your own computer. CheckerberryRoad.com is not responsible for backing up or archiving your material. If any material transmitted to CheckerberryRoad.com is damaged, lost or corrupted in any way, CheckerberryRoad.com will have no obligation or liability to you. Removing Material 1) CheckerberryRoad.com reserves the right to remove any and all Content or other material: (a) that CheckerberryRoad.com considers: (i) is inappropriate, illegal, or offensive, or potentially or actually harmful in any respect; (ii) breaches these Terms and Conditions or any CheckerberryRoad.com policy set out on the CheckerberryRoad.com website; (b) if any person makes a complaint about your material or (c) for any or no reason. 2) If you choose to ?Remove? your material from the CheckerberryRoad.com website, it will no longer be available or visible to other Users. The exceptions to your ability to remove material are as follows: (a) Content retained in our archives to the extent required by our data backup systems or, at CheckerberryRoad.com?s discretion, for archival purposes. CheckerberryRoad.com will also retain any of your personal data only for so long as is reasonably required to fulfil the purposes for which it was collected; (b) material that you have made available to purchasers in electronic formats may also remain available on the CheckerberryRoad.com website (in downloads history ) to Users who have purchased a copy of that material. Sales process 1) You agree that when you submit material, you are not selling the material to CheckerberryRoad.com. By submitting material you make a unilateral offer to any person that he or she may purchase a copy of your material from you by completing the purchase steps on the CheckerberryRoad.com website and without needing to communicate acceptance of your unilateral offer. 2) CheckerberryRoad.com will provide a facility to enable the sale of a copy of the material to Customers. You agree that the sale of a copy of the material will be in accordance with these Terms and Conditions. Writers are solely responsible for compliance with all laws in any jurisdiction that apply to the sale of a copy of any material to Customers. 3) You agree that CheckerberryRoad.com bears no responsibility or liability for any conduct of Users, including, without limitation, Users who attempt to defraud you. 4) If a copy of your material is sold via the CheckerberryRoad.com website you agree: (a) that the copy of the material will be sold in accordance with the pricing structure contained in these Terms and Conditions; (c) CheckerberryRoad.com will be entitled to deduct a fee for providing the CheckerberryRoad.com service that is equal to 50% of the sale price from the sale of the copy of the material. 5) Where a writer sells a copy of the material on the CheckerberryRoad.com website, the material revenue (being 50% of the sale price) will be credited to your account. All payments will be quarterly (January 1, April 1, July 1, October 1) and will be made in US dollars. CheckerberryRoad.com will make a good faith effort to pay you, using the contact information in its records. If CheckerberryRoad.com owes you less than US$50 for sales within a given month, CheckerberryRoad.com reserves the right, at its discretion, to roll your revenue forward to the following month until there is US$50 credit to your Account Balance. It is your responsibility to update your contact information if your contact information changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid revenue to cover administrative costs. 6) A sale of a copy of material is not completed until CheckerberryRoad.com has received the payment from the Customer. 7) Writers are responsible for meeting all of their own tax obligations in every applicable jurisdiction, which arises as a result of your sales via the CheckerberryRoad.com services and the CheckerberryRoad.com website. CUSTOMER TERMS Scope 1) CheckerberryRoad.com provides a facility for Customers to purchase a copy of Content made available by Vendors. Downloading Content 1) Customers may download material from the CheckerberryRoad.com website by logging in (if a Registered User) and following the process set out in CheckerberryRoad.com website for downloading material. Customers who are Guest Visitors are not required to log in. 2) You must comply with all requirements of downloading material. 3) Should the downloaded file be corrupted and unable to be downloaded to a standard PC then CheckerberryRoad.com will provide another download of the material for no charge. Terms applying to the sale 1) In order to purchase material on the CheckerberryRoad.com website, you must have either a valid credit card or a PayPal account (https://www.paypal.com/). 2) Any sales transaction is undertaken in accordance with USA law. Customers are solely responsible for compliance with all laws in any jurisdiction that may also apply to the purchase of a copy of any material from writers. 3) Everything on the CheckerberryRoad.com website and everything sold via the CheckerberryRoad.com website, including all software, services, information, materials, forums, tools and Content is offered by CheckerberryRoad.com and its licensors and material providers on an ?as-is? and ?as available? basis. 4) To the maximum extent permitted by law, CheckerberryRoad.com will have no liability to Customers if writers, Users or any other person violates these Terms and Conditions, or the provision of material purchased by a Customer is in violation of a third party?s intellectual property rights in the material, or any other copyright agreements or arrangements. Rights granted in respect of Content purchased 1) Customers are granted a right to download to their own computer, view on that computer, print one copy of and use material they have purchased for their own personal, non-commercial use and for no other purpose. Customers do not receive the right to obtain the copyright or other intellectual property in the Content, which remains with the writer. 2) Customers must not (and must not allow any other party to) copy or reproduce, distribute or re-sell, change, modify or adapt any Content they have downloaded. Price and Payment 1) Customers must pay for a copy of any material downloaded at the price specified by CheckerberryRoad.com. Payment must be made by credit card through PayPal. 2) The price of the material specified on the CheckerberryRoad.com website includes all applicable taxes. 3) You will not be permitted to complete your order (and download the material ) until your payment has been processed and accepted by the provider of your credit card or PayPal. Customers must comply with any payment process set out on the CheckerberryRoad.com website. 4) Refunds will not be given, except at the discretion of CheckerberryRoad.com and then only in accordance with USA consumer laws.
