Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately and not send us materials to make into a RealBook™.

Copyright Disclaimer: Please be advised that by submitting material to us with the intent to reproduce, you represent and warrant to RealBooks Inc that you own the copyright to the photographs, logos, trademarks, designs or other artwork or have written permission or authorization from the photographer or other copyright owner to make copies of the material.

Inappropriate Materials: You represent and warrant that you are not submitting files that are or have any connection with files that contain pornographic, abusive, or otherwise objectionable materials. RealBooks, Inc (“RealBooks”) reserves the right to refuse to publish any files that it deems immoral, objectionable or dangerous.

IN NO EVENT WILL RealBooks OR ANY OF ITS AFFILIATES, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE or our Service, EVEN IF RealBooks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF RealBooks OR ANY OF ITS AFFILIATES, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE OR OUR SERVICE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE.

The design or layout of RealBooks-Scrapbooks.com is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

RealBooks DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THIS SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT RealBooks WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT

LINKS TO THIRD PARTY SITES.

RealBooks-Scrapbooks.com PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. RealBooks DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. RealBooks IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY RealBooks OF SUCH SITES.

OTHER LEGAL INFORMATION

These Terms of Use shall be governed by and construed in accordance with the laws of Colorado, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. RealBooks reserves the right to terminate these Terms of Use without notice if, in RealBooks sole discretion, you fail to comply with any of these Terms of Use.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

By using the RealBooks-Scrapbooks.com website, you agree to comply with RealBooks’ Terms of Use. If any third party brings a claim, lawsuit, or other proceeding against RealBooks based on your conduct or use of RealBooks-Scrapbooks.com’s service, you agree to compensate RealBooks (including its employees, and agents) for any and all losses, liabilities, damages, or expenses, including attorney's fees, incurred by RealBooks in connection with any such claim, lawsuit, or proceeding. RealBooks is the final arbiter of which books we will accept to produce.

Any customer ("Customer") of RealBooks, Inc ("RealBooks"), represents and warrants that the Customer is the copyright owner or the duly authorized agent of the copyright owner or has obtained all licenses, consents, releases, waivers, permissions and/or other authorizations as required to secure the right to reproduce and distribute copies of all material, including any copyrighted works (the "Material") as delivered to RealBooks to be printed pursuant to this agreement.

The Customer represents and warrants that RealBooks will not incur any liability or obligations, financial or otherwise, to any third party based on or in connection with the printing or related use of the Material, and that no element of the Material infringes upon any copyright, trademark, right of publicity, or privacy or any other right of any person, firm, and/or corporation.

Further, the Customer represents and warrants that the Material to be printed pursuant to this agreement has not been altered, defaced, mutilated or otherwise modified, in whole or in part, without the prior written permission of the author(s) in violation of any right of the author(s) recognized under the law, including, without limitation, the rights of Attribution and Integrity as provided by federal copyright law, and/or any rights under droit moral, droit de suite, the Lanham Act, and/or the law of unfair competition.

The Customer hereby agrees to release, defend, indemnify and hold harmless RealBooks and its employees, officers, directors, representatives, affiliates, assignees, and licensees from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or pertaining to the Material and/or to a breach of any warranty made by the Customer herein.

Such indemnification shall include without limitation, any claim of copyright infringement, trademark infringement, and/or for alteration, defacement, mutilation or other modification of the Material, and/or any other cause of action based on the rights of the author(s) of any work(s) included in the Material and printed pursuant to this agreement. Such indemnification shall also include without limitation, actual and statutory damages, fines, attorneys' fees that may be awarded to the plaintiff or incurred in defending against an action, and all other legal costs incurred in defending against such action(s).

The Customer shall promptly notify RealBooks in writing of any claim or litigation to which this indemnity applies. By checking the box on Page 2 of 3 of this order form ("I have read, and agree with, the full copyright Release of Liability document (Page 3 of 3 of this Order Form"), the parties indicate that they have read and agree to abide by the provisions herein.

The RealBooks Share My Book^TM program is designed to allow RealBooks, Inc. to showcase photos of our customers' book covers and possibly a two page spread (approved by customer) and share testimonials on our website(s), marketing materials, promotional materials and publicity efforts in order to share the endless possibilities with other prospective and existing customers. In this effort, the showcasing of your work of love helps expand the ever growing world of digital scrapping.

This program is without monetary compensation and is done in the spirit of free exchange of ideas and the excitement of a growing community of scrappers who are creating a pictorial history of family lives that would not otherwise be documented.

RealBooks reserves the right to use what material it feels proper for any program and its implementation. The printing or display of any participants' work(s) is not guaranteed.

The Customer, in participating in this program, accepts the above Release of Liability as also applied to web displays, marketing and publicity of all Materials in the promotion of RealBooks, Inc and its affiliates.

RealBooks-Scrapbooks.com is a web site of RealBooks, Inc. We hope you enjoy your visit. In order to better serve your needs and enhance your overall experience at RealBooks-Scrapbooks.com, we collect certain information about you when you visit us.

How We Protect Your Information

We employ the latest encryption and security technology and fraud detection techniques in all areas of RealBooks-Scrapbooks.com where you provide us with personal or account information. This is done to protect you from unauthorized use of the information you are sending to our server. To make sure you have the latest security features on your browser, download and install the latest version of your favorite browser, Microsoft Internet Explorer or Netscape Communicator. For privacy purposes, once you give us any information relating to you, it is stored on a highly secure server that is not accessible via the Internet.

What Information Do We Collect and How Do We Use It?

When a customer visits our web pages, our web server automatically recognizes only the user's domain name and not his or her email address (where possible). We collect only the domain names, and not the email addresses of visitors to our web pages.

The email addresses, postal addresses or phone numbers of those who communicate with us will not be shared with any other companies or affiliates. Customers who supply us with their email or telephone numbers when submitting an order will receive email and/or telephone contact from us regarding orders they have placed online or via the mail. We may also contact you for customer service evaluations or feedback about how to improve our service.

The information we collect from customers and others who provide their contact information (eg: through free offers) is used to: improve the content of our website; customize the content and/or layout of our web pages; provide notifications of updates to our website and to communicate special offers or for other marketing purposes.

RealBooks, Inc. will periodically collect demographic and interest category information from users via surveys. RealBooks, Inc. customers may voluntarily provide information, including that regarding personal preferences, interests, geography, and demographics. The purpose of this data collection is to ensure that RealBooks, Inc. customers receive only the most relevant, targeted offers and information.

Links

RealBooks-Scrapbooks.com contains links to other sites not part of RealBooks, Inc. RealBooks, Inc. is not responsible for the privacy practices or the content of such web sites.

Credit Card Information

Credit card information is expressly not sold to any other company for any purpose nor is it used for any other purpose by RealBooks, Inc. RealBooks, Inc. employs outside credit card processing services that may only use your information for the expressed purpose of processing your book order and may not share or sell your information to any other party. All transactions are handled via SSL encryption for your security.