Terms and Conditions of our Global Business Network
Please read our Terms carefully when you sign up to a Copybook account.
By using Copybook or signing up for an account, you’re agreeing to these Terms and you accept that this is a legal agreement.
We’ll start with the basics, including a few definitions that should help you fully understand this agreement. (Copybook or the “Service”) is a web-based service offered through the URL www.copybook.com (we’ll refer to it as the “Website”) that allows you to create, and manage a company profile and add media accordingly that will be associated to your profile. You also agree to receive our newsletters unless you choose not to in your settings. Copybook has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use Copybook, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
By using Copybook, you represent and warrant that you meet all the requirements listed above, and that you won’t use Copybook in a way that violates any laws or regulations. Copybook may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for Copybook and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” and agreed to the Terms. If you sign up for Copybook on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. Copybook cannot be held responsible for any individual who enters false information.
3. Closing Your Account
You or Copybook may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, you accept that all monies owed by you are still paid. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your content on our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Acceptable Use Policy
Our Acceptable Use Policy sets some rules that you have to follow as a Copybook user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience delivering email.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”). If you go over your current uploading limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
Once you have registered for an annual plan the fee is due when the thirty-day trial period expires unless you inform us in writing that you do not wish to proceed with the service. If the payment is not made your account will be deemed as inactive and we reserve the right to terminate this Agreement at any time.
8. Changing Prices on Packages
You agree to pay the amount you signed up for at the time of booking. This means that if we reduce the price plans you will pay the amount you agreed to until your expiry date occurs. If we increase the price plans, you accept that you will have to pay the new rate if you renew your contract with us. If you’re inactive for more than 12 months your account may be deleted.
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorise us to deduct the annual/monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website. If content is removed/amended either by Copybook or the user, this does not negate the customers liability to pay any outstanding balance.
11. Auto Renewal
Subject at all times to all sections listed here, this agreement shall automatically renew if not specifically terminated in accordance with the following provisions. You agree to notify Copybook in writing at least 14 calendar days prior to the initial term of your intent not to renew this agreement (Your non-renewal notice). Should you fail to provide a non-renewal notice this agreement shall automatically renew on a month-to-month or annual term (This period will be determined and based upon whatever your previous period was) renewal basis after the initial term until otherwise specifically renewed in writing by each of the parties hereto for the next term of renewal or, otherwise, terminated upon delivery by you of a corresponding and follow-up 14 calendar day ‘non-renewal notice’ in connection with and within 14 days prior to the end of any such one-month/annual term renewal period. Any such renewal on a one-month/annual basis shall be on the same terms and conditions contained herein unless modified and agreed to in writing by both parties in advance.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
13. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Copybook (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.
14. Proprietary Rights Owned by You
15. Right to Review Your Content including Messages
We may view, copy, and internally distribute content from your account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
RULES AND ABUSE
16. General Rules
Copybook is an advertising service only and does not sell or endorse any of the products or services represented on the site.
You promise to follow these rules:
You will be respectful at all times to all of our users and will not send Spam or derogatory messages! By “spam,” we mean the definition on the Spamhaus website.
You won’t violate our Acceptable Use Policy, which is part of this Agreement.
If you use our API, you’ll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
In short, spam means “unsolicited bulk email.” If you send people mass email without their
permission, you’re spamming.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Copybook user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.
If the content submitted to our website is deemed unacceptable by Copybook, we are authorised to remove/amend it at any time and without prior notice to the advertiser. Only content in relation to the products/services advertised by the supplier can be submitted for inclusion, anything deemed not relevant can and will be removed by Copybook.
Every Copybook user has a unique name/ID. Please ensure that you include this information to help us investigate your claim quickly and efficiently.
18. Compliance with Laws
You represent and warrant that your use of Copybook will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
European Economic Area
This applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.
20. U.S. Export Controls
The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements.
21. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
22. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Copybook for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Indemnity is an agreement to compensate someone for a loss.
24. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
25. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than £540 plus the amount owed.
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.
26. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.
29. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
* Only as Commercial Items,
* With the same rights as all other end users, and
* According to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, Georgia 30318.
Notice to U.S. Government End Users
This part will matter to you if you’re affiliated with the U.S. government.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
31. Choice of Law
32. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
36. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
37. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
38. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
39. Internet Privacy and Cookies Policy
We do update this Policy from time to time so please do review this Policy regularly.
Information That We Collect
In running and maintaining our website we may collect and process the following data about you:
* Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
* Information provided voluntarily by you. For example, when you register for information or make a purchase.
* Information that you provide when you communicate with us by any means.
We may gather information about your general Internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data, which does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
* To provide information to you that you request from us relating to our products or services.
* To provide information to you relating to other products that may be of interest to you, such as our newsletter. Additional information will only be provided where you have consented to receive such information.
* To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the Internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
* In the event that we sell any or all of our business to the buyer.
* Where we are legally required by law to disclose your personal information.
* To further fraud protection and reduce the risk of fraud.
Third Party Links
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Copybook Publishing Limited, 1 Victor Lane, Heavitree, Exeter, EX1 3BJ, or any addresses as we may later post on the Website.
41. Entire Agreement
An advertisers obligation to pay is not dependant on results and refunds will not be authorised due to poor performance.
Please do not hesitate to contact us regarding any matter relating to this Privacy and Cookies Policy via email at firstname.lastname@example.org
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Copybook’s policies.