Thanks for using Lacuna Books for writing your next book. We're doing our best to provide reliable and robust service and really hope you have fun creating content with Lacuna Books. As with any web publishing tools, be mindful of what you publish and be discreet with your data if it's meant to be private.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use the Service. If these terms and conditions are considered an offer by Lacuna Books, acceptance is expressly limited to these terms.
You must immediately notify Lacuna Books of any unauthorized uses of your book(s), your account or any other breaches of security. Lacuna Books will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You must provide a valid email address and legal name when signing up for the service. You may not share your account with other people.
If you create a book, write reviews on a book, post material, post links using the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your book is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your book is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your book's title is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Lacuna Books or otherwise.
If you delete Content, Lacuna Books will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Lacuna Books has the right (though not the obligation) to, in Lacuna Books' sole discretion (i) refuse or remove any content that, in Lacuna Books' reasonable opinion, violates any Lacuna Books policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Lacuna Books' sole discretion. Lacuna Books will have no obligation to provide a refund of any amounts previously paid.
Any private or sensitive data should be posted at your own risk, and Lacuna Books is not responsible for exposure of such information due to failure to marking books "private" or sharing EPUB and PDF copies at your own will.
Lacuna Books reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Lacuna Books reserves the right to modify and discontinue the Service (temporarily or permanently) and change pricing at any time without any notice.
Lacuna Books may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Lacuna Books has not reviewed, and cannot review, all of the material, including computer software, posted on the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Lacuna Books does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Lacuna Books disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LacunaBooks.com links, and that link to LacunaBooks.com. Lacuna Books does not have any control over those non-LacunaBooks websites and webpages, and is not responsible for their contents or their use. By linking to a non-LacunaBooks website or webpage, Lacuna Books does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lacuna Books disclaims any responsibility for any harm resulting from your use of non-LacunaBooks websites and webpages.
Lacuna Books reserves the right to display attribution links such as ‘Created with Lacuna Books,' in your book cover or footer.
Lacuna Books may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Service. If you wish to explicitly terminate your account, you may contact us at firstname.lastname@example.org.
You agree to indemnify and hold harmless Lacuna Books, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Your use of the Service is at your sole risk. The Service is provided "as is". Lacuna Books and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lacuna Books nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content through, the Service at your own discretion and risk. Also, you understand that Lacuna Books uses third party vendors and hosting services to provide hardware, software, storage, backup, and other necessary technology to offer the Service.
In no event will Lacuna Books, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lacuna Books under this agreement during the twelve (12) month period prior to the cause of action. Lacuna Books shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Last revised on May 21, 2012. This document has been adapted from Automattic who generously made their legal documents available under a Creative Commons Sharealike license.