Terms of Service

Below you will find our Terms of Service for https://oer.pressbooks.pub. You can also read our privacy policy. 

We (Book Oven Inc.) run a book production tool and webbook hosting service called https://oer.pressbooks.pub, and we are happy for you to use it. Access to the base network is paid for by your institution. Your institution may have purchased, or may be able to purchase, additional upgrades. 

Our service is designed to give you as much control and ownership over what goes on in your book(s) as possible, and we encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your book (ebook, print or webbook) or get linked to from your webbook (things like spam, viruses, or hate content).

[NOTE: These terms of service are borrowed and remixed from WordPress.com]

Terms of Service:

The following terms and conditions govern all use of the https://oer.pressbooks.pub websites and all content, services and products available at or through the website, (taken together, the Website). The Website is owned and operated by Book Oven, Inc. (“Book Oven”). 

This is a shared PressbooksEDU network for institutional clients, hosted by Book Oven Inc. 

Your access to the network is contingent upon your institution’s subscription with Book Oven Inc. For more information on terms of service between Book Oven Inc. and your institution, contact the Pressbooks support contact at your institution.  

 

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pressbooks’ privacy policy) and procedures that may be published from time to time on this Site by Book Oven (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. 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 access the Website or use any services. If these terms and conditions are considered an offer by Book Oven, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your https://oer.pressbooks.pub Account and Site. If you create a book on the Website, you are responsible for maintaining the security of your account and book, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the book. You must not describe or assign keywords to your book in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Book Oven may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Book Oven liability. You must immediately notify Book Oven of any unauthorized uses of your book, your account or any other breaches of security. Book Oven 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.
  2. Responsibility of Contributors. If you create a book on Pressbooks, comment on a book, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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 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(s) are 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(s) are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your book’s URL or name 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 Book Oven or otherwise.
  3. By submitting Content to Book Oven for inclusion on your *public* Website, you grant Book Oven a world-wide, royalty-free, and non-exclusive license to reproduce and publish the Content solely for the purpose of displaying, distributing and promoting your book. You also grant global permission  for the reproduction, modification, adaptation, and publication of any Content you create which is both *public* and openly licensed to allow derivatives. If you make your book *private*, Book Oven will not reproduce, modify, adapt or publish the Content. If you delete Content, Book Oven will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made unavailable.
  4. Without limiting any of those representations or warranties, Book Oven has the right (though not the obligation) to, in Book Oven’s sole discretion (i) refuse or remove any content that, in Book Oven’s reasonable opinion, violates any Book Oven policy or is in any way harmful or objectionable, or (ii) terminate or deny access to any use of the Website to any individual or entity for any reason, in Book Oven’s sole discretion. Book Oven will have no obligation to provide a refund of any amounts previously paid.
  5. Payment and Renewal.
    • General Terms.
      Access to create content on this website is granted to affiliates of subscription-purchasing institutions, through institutional email whitelisting. You must use your institutional email in order to gain access to the network. 
    • Optional additional paid services may be available with additional premium subscriptions. Contact your Pressbooks support contact for more information. Payments will be charged to the institution on a pre-pay basis and will cover the use of that service for an annual subscription period as indicated. Subscription fees are not refundable. 
    • Book Oven Renewal.
      Unless an institution’s support contact notifies Book Oven 30 days before the end of the applicable subscription period that they want to cancel a subscription, the institution’s subscription will automatically renew and they authorize us to collect the then-applicable annual subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for them. An institution’s support contacts can contact sales@pressbooks.com to cancel a subscription prior to renewal of the billing. 
  6. Responsibility of Website Visitors. Book Oven has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Book Oven 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Book Oven disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://oer.pressbooks.pub links, and that link to https://oer.pressbooks.pub. Book Oven does not have any control over those non-Pressbooks websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pressbooks website or webpage, Book Oven 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. Book Oven disclaims any responsibility for any harm resulting from your use of non-Pressbooks websites and webpages.
  8. Copyright Infringement and DMCA Policy. As Book Oven asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://oer.pressbooks.pub violates your copyright, you are encouraged to notify Book Oven in accordance with Book Oven’s Digital Millennium Copyright Act (“DMCA”) Policy. Book Oven will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Book Oven will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Book Oven or others. In the case of such termination, Book Oven will have no obligation to provide a refund of any amounts previously paid to Book Oven.
  9. Intellectual Property. This Agreement does not transfer from Book Oven to you any Book Oven or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Book Oven. Book Oven, Pressbooks, https://oer.pressbooks.pub, the Pressbooks logo, and all other trademarks, service marks, graphics and logos used in connection with https://oer.pressbooks.pub or the Website are trademarks or registered trademarks of Book Oven or Book Oven’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Book Oven or third-party trademarks.
  10. Advertisements. Book Oven reserves the right to display advertisements on your webbook unless your institution has purchased an Ad-free Premium Services account.
  11. Attribution. Book Oven reserves the right to display attribution links such as ‘Make a book at Pressbooks.com,’ theme author, and font attribution in your webbook footer or toolbar. Footer credits and the Pressbooks.com toolbar may not be removed regardless of upgrades purchased.
  12. Changes. Book Oven 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. Book Oven may also, in the future, offer new services and/or features through the Website (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. 
  13. Termination. Book Oven 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 https://oer.pressbooks.pub account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
  14. Disclaimer of Warranties. The Website is provided “as is”. Book Oven 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 Book Oven nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  15. Limitation of Liability. In no event will Book Oven, 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 your institution to Book Oven under this agreement during the twelve (12) month period prior to the cause of action. Book Oven 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.
  16. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Book Oven Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  17. Indemnification. You agree to indemnify and hold harmless Book Oven, 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 Website, including but not limited to your violation of this Agreement.
  18. Miscellaneous. This Agreement constitutes the entire agreement between Book Oven and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Book Oven, or by the posting by Book Oven of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of Quebec, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Montreal, Quebec, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Montreal, Quebec, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Book Oven may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.