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Buttery Books Terms of Use

Introduction
Welcome to http://butterybooks.com (“Site”).   This Terms of Use Agreement (“Agreement”) constitutes the entire and only agreement between Buttery Books, LLC and the visitor.  

Accepting the Terms of Use
By visiting our site, you are agreeing to comply with and be bound by the terms of service as outlined below, as well as to our privacy policy.  If you do not agree to the terms of service agreement, please do not use our site.  

Revisions
This Agreement may be modified at any time and any changes will be updated on this page.  The updates become effective when they are posted to the Site and use of the Site signifies your agreement to the changes.  You should review this Agreement prior to each use of the Site. 

Trademark/Copyright
The site http://butterybooks.com is copyrighted 2010.  All rights reserved.  This site is protected by copyright law and other proprietary rights, including, but not limited to, intellectual property rights.  The copying, redistribution, use or publication of any part of the Site, except as allowed under below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.

Website Use/Restrictions
You are granted a non-exclusive, non-transferable, revocable license to use the Site in strict accordance with the Terms of Agreement.   Information on this site is for use solely by you for personal, non-commercial  purposes.   No part of any content, graphic, or form may be republished (unless credit is given to http://butterybooks.com and clearly displayed) distributed, sold, leased, loaned out, made into derivative works or other use.   No print out or electronic version of any part of the Site may be used by you in any litigation or arbitration matter whatsoever under any circumstances

It is your responsibility to protect any IDs or passwords that may have been created for use on this Site. 

You agree to indemnify, defend and hold Buttery Books and their respective members, employees, advertisers, and publishers (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or violation of this Agreement.

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

User Submissions and Comments

Our Site allows visitors to submit pictures and text, which must be original (not copied), in good taste, legal, accurate and true, and must not be confidential or infringing of copyrights owned by others, be protected by trade secret or otherwise subject to third party proprietary rights, unless you own these rights or have permission from the rightful owner.  By making a submission, you grant Buttery Books, LLC an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute, modify, adapt, make derivative works of and otherwise use your submitted items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium without compensation of any kind to you or any third party. You do retain the ownership rights to the submission.  Buttery Books, LLC also has the right to pursue anyone who copies your submission.

Buttery Books, LLC is free to use your all or part of your submission on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else.   Buttery Books, LLC reserves the right to reject or edit or delete any parts that violate the above, including the right to ban offenders from submitting again.

Buttery Books does not endorse any opinions, advice or suggestions included in the material submitted to our site.  Buttery Books is not responsible for the accuracy, usefulness or safety of submitted material and expressly disclaims any and all liability in connection with user submissions.

You are solely responsible for your submission and the consequences of posting or publishing them.  By submitting material you are affirming that you own or have permission to use the necessary licenses, rights and consents and you authorize Buttery Books to use all patent, trademark, trade secret, copyright, or other propriety rights.

There are areas of the site where comments can be made.  You are prohibited from uploading, posting, e-mailing, or otherwise publishing any message, information, text or other material that may be considered to be unlawful, harmful, libelous, defamatory, obscene, vulgar, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable, constitute or encourage a criminal offense, violates the rights of any party or that may contain viruses or any other computer codes, files or programs designed to destroy or limit the functionality of any computer software or hardware.

Third Party Services

On http://butterybooks.com we offer links to products and services from third parties, which have separate and independent terms of use.  These links are provided as a convenience to our visitors.  Buttery Books does not imply approval or endorse any opinions, advice or suggestions on these third party sites.  Our Site does not control or monitor these sites and is not responsible for their operations or content.  You agree that Buttery Books, LLC will not be liable to you in any way when using these third party sites.  Visitors should consult their individual terms of use.  If any such terms or policies conflict with our terms, agreements or policies, you must comply with those of our Site. 

Information and Press Releases
The Site may contain interviews, discussions, press releases and other information (collectively, “Information”) about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Buttery Books, LLC was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any information

 
WARRANTY DISCLAIMER
THE BUTTERY BOOKS SITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  BUTTERY BOOKS, LLC DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  BUTTERY BOOKS, LLC DOES NOT REPRESENT OR WARRANT CONTENT ON THIS WEB SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  BUTTERY BOOKS, LLC DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   BUTTERY BOOKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ON OUR SITE OR LINKED FROM OUR SITE.  YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR OWN RISK. 
LIMITATION OF LIABILITY
WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF.  IN NO EVENT SHALL BUTTERY BOOKS, LLC OR ITS AFFILIATES, OR ANY OF THEIR MEMBERS, EMPLOYEES, OR AGENTS   BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.  THESE LIMITS OF LIABILITY APPLY TO ANY MATERIAL SUBMITTED BY A USER, ANY ERRORS IN CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO OUR SECURE SERVERS, ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY VIRUSES WHICH MAY BE TRANSMITTED THROUGH OUR WEB SITE OR ANY THIRD PARTY SITE.  THESE LIMITS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Copyright Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Service Provider:  Buttery Books, LLC
Name of Agent Designated: William Braden, CPA
Full Address of Designated Agent to Which Notification Should be Sent: 17721 Rogers Ranch Parkway, Suite 225,  San Antonio, TX  78258

Telephone Number of Designated Agent: (210)479-7676
Fax Number of Designated Agent: (210)479-1134
E-Mail Address of Designated Agent: bill@williambradencpa.com

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

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Severability
If any provision of these Terms of Agreement  are  deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable  and shall not affect the validity and enforceability of the rest of the Terms of Use Agreement.

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY” above.

Terms of use last updated 7/2/10