Terms of Service

Terms of Service

Updated: August 20, 2012

Welcome to Kbuuk, an easy to use self-publishing distribution and marketing platform. We offer a simple and easy to use interface with push button distribution, comprehensive reader analytics, book sales analytics, and channel tracking service to give Authors, Agents and Publishers the best possible experience. Basically, we think we’re awesome. Throughout this document, the words “Kbuuk”, “Kbuuk.com”, “Kbuuk LLC”, “we”, “us”, “our”, and “awesome” refer to us, Kbuuk LLC, our website, Kbuuk.com, our service, Kbuuk PubHub, as is appropriate in the context of the use of the words.

Likewise, the words “you”, “your”, “dear customer”, or “also awesome” refer to you, the person who is being presented with this document for agreement.

PLEASE READ THE FOLLOWING CAREFULLY, AS THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, FORM A BINDING AGREEMENT BETWEEN US AND YOU.

1. Your Agreement

By using and/or visiting this web site (www.kbuuk.com) and affiliated domains or by subscribing to or using our products or services, You agree to be bound by both these Terms of Service (the “Terms of Use”) as well as Kbuuk’s Privacy Policy which is available at www.kbuuk.com/about/privacypolicy, and which is incorporated herein by reference. These Terms of Service apply to all users of the Kbuuk.com. If you do not agree to any of these terms, then please do not use the Kbuuk.com and exit this site immediately.

In addition to agreeing to the above, we need to know that we can legally enter into a contract with you, which means you are an adult human. So as part of this Agreement, you hereby attest that you are at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you are at least however old that age is. Also you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further warrant and represent that you own or control the necessary rights to distribute the eBooks you are creating through this service. Finally, you warrant to us that you are not and have never been a North Korean dictator.

2. Subscription Plans and Services

Kbuuk provides its products and services to you, subject to the following terms, which may be updated by us from time to time without notice to you (sorry, that’s just the way it is). Your continued use of our products or services constitutes your agreement to all such terms, conditions, policies and notices in connection with such product or service. By completing any registration forms or otherwise providing your contact information to Kbuuk, you agree to be contacted via email, text message, tweet, carrier pigeon, telegraph or other means by Kbuuk, and by third parties for any services you have requested.

3. Rights and Publication.

4. Warranties and Representations.

The warranties and representations contained in this Agreement are made on behalf of you and your licensees and successors and assigns. By uploading content to Kbuuk, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.

5. Infringement.

The Company takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. It is your responsibility to secure permissions to the Work prior to the time you submit such work if any material from the work belongs to, or has been licensed to, someone else.

It is the policy of the Company to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:

Kbuuk LLC

945 McKinney St, Suite 621

Houston, TX 77002

Phone: 281-407-0723

To be effective, the notification must be a written communication that includes the following:

7. Warranty Disclaimer.

YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, KBUUK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL KBUUK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CASE SHALL KBUUK OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Your responsibility to monitor retailer listings and report errors to Kbuuk, in which case Kbuuk on a reasonable efforts basis will strive to work with the retailer to correct the error. In the event that Kbuuk is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will Kbuuk’s liability to You exceed the amounts collected by Kbuuk for the Work in question. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.

10. Service Changes

Kbuuk reserves the right with or without notice to You at any time to change, modify or discontinue any service, product or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.

11. General

You agree that: (i) the Kbuuk Web Site shall be deemed solely based in Houston, Texas; and (ii) this web site shall be deemed a passive web site that does not give rise to personal jurisdiction over Kbuuk, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between You and us that arises in whole or in part from the Kbuuk Web Site shall be decided exclusively by a court of competent jurisdiction located in Houston, Texas. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Kbuuk Web Site, shall constitute the entire agreement between You and us concerning the Kbuuk Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of this web site following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms. YOU AND KBUUK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Kbuuk.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.

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