Terms and Conditions – Beta|Read

TERMS AND CONDITIONS OF SERVICES, PURCHASES,

AND USE OF CONTENT DISCLOSURES AND RELEASES

  1. CONDITIONS OF USE

Welcome to BETA|READ’s online store! BETA|READ and its associates, owners, contractors, and employees, provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

  1. PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

  1. ELECTRONIC COMMUNICATIONS

When you visit BETA|READ or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, with the exception of User/Customer submitted manuscripts or attributed blog content, is the property of BETA|READ or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of BETA|READ, with copyright authorship for this collection by BETA|READ, and protected by international copyright laws.

  1. TRADE MARKS

BETA|READ’s trademarks and trade dress may not be used in connection with any product or service that is not BETA|READ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BETA|READ. All other trademarks not owned by BETA|READ or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BETA|READ or its subsidiaries.

  1. LICENSE AND SITE ACCESS

BETA|READ grants you a limited license to access and make personal use of this site. Such license does not extend to permission to download (other than page caching) or modify it, or any portion of it, except with express written consent of BETA|READ. This license does not include: any resale or commercial use of this site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Manuscripts submitted can be released to third-party accounts, including registered publishers or agents without additional consent by customers. This release is an on an opt-out basis. If you do not wish your manuscript to be released to said third parties, the customer must communicate this in accepted form (email or letter) to BETA|READ prior to the conclusion of their review. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BETA|READ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BETA|READ and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing BETA|READ’s name or trademarks without the express written consent of BETA|READ. Any unauthorized use shall be a breach of the sales contract and shall terminate any and all permissions or licenses granted by BETA|READ. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BETA|READ so long as the link does not portray BETA|READ, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BETA|READ logo or other proprietary graphic or trademark as part of the link without express written permission.

  1. YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may use our website only with the involvement of a parent or guardian. BETA|READ and its associates reserve the right to refuse service, terminate accounts, remove content, or cancel orders in their sole discretion.

  1. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BETA|READ reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material that is for public consumption, and unless we indicate otherwise, you grant BETA|READ and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without prior notice or request for consent for purposes including, but not limited to advertising, informational, or promotional materials, whether print or electronic. You grant BETA|READ and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant as follows: that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the terms of this policy and will not cause injury to any person or entity; and that you will indemnify BETA|READ or its associates for all claims resulting from content you supply. BETA|READ has the right (but not the obligation) to monitor and edit or remove any activity or content. BETA|READ takes no responsibility and assumes no liability for any content posted by you or any third party.

  1. RISK OF LOSS

All items or services purchased from BETA|READ are made pursuant to a shipment contract or electronic delivery of the final review results. In other words, any and all risk of loss and title for such items pass to you upon our delivery to the carrier.

  1. PRODUCT DESCRIPTIONS

BETA|READ and its associates attempt to be as accurate as possible. However, BETA|READ does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BETA|READ itself is not as described, your sole remedy is to return it in unused condition.

  1. USE OF BETA|READ REVIEWS AND REPORTS

It is not permitted for anyone, including, but not limited to, Users, Customers, or Employees to alter or misrepresent in any form or for any reason a completed and audited review of a User/Customer submitted manuscript. Submission of an audited review or report, in any format, by anyone other than BETA|READ employees to a publisher or literary agent, or any use where a BETA|READ review or results are used to promote or secure for further sales of the manuscript or published work is strictly prohibited. Only those reports and results hosted by BETA|READ that are downloaded by authorized account holders used for, and only for the express purpose of, consideration for publishing or representation are warrantied and BETA|READ approved reports and results. It is not permitted for any author, publisher, agent, or employee and/or representative of any author, publisher, or agent to advertise or promote a manuscript with respect to the results or review from BETA|READ without the express written consent of BETA|READ. Any and all reviews, manuscript reports, and results are the express property of BETA|READ to distribute and promote according to BETA|READ standards and purposes.

  1. APPLICABLE LAW

By visiting BETA|READ, you agree that the laws of the state of UTAH, UNITED STATES OF AMERICA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BETA|READ or its associates.

  1. DISPUTES

Any dispute relating in any way to your visit to BETA|READ or to products or services you purchase through BETA|READ shall be submitted to confidential arbitration in UTAH, UNITED STATES OF AMERICA, except that, to the extent you have in any manner violated or threatened to violate BETA|READ’s intellectual property rights, BETA|READ may seek injunctive or other appropriate relief in any state or federal court in the state of UTAH, UNITED STATES OF AMERICA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

In the event that a customer disagrees with the outcome of a review service, that customer may submit their dispute in writing to the email address given in the results of their review email. There is no guarantee or warranty of change to services or the results of the review. That User/Customer must include in that email a conscience argument or rebuttal to the review results for consideration. In the event that a review result is changed as a result of the dispute, the User/Customer will be notified by email. In the event that no change is made and the original result of the review is ratified, the User/Customer will be notified by email of the result and no further dispute will be honored for that manuscript.

  1. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to BETA|READ. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

  1. QUESTIONS

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the main menu. You can also contact us at: legal@betaread.net.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by BETA|READ on an “as is” and “as available” basis. Neither BETA|READ nor any employee of BETA|READ makes representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, BETA|READ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BETA|READ does not warrant that this site, its servers, or e-mail sent from BETA|READ are free of viruses or other harmful components. BETA|READ will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.