Updated June 6, 2014
By means of this Website, www.ebookflightdeck.com, QS Information Services, Inc. dba Firebrand Technologies ("Firebrand") makes available digital publishing services for individuals involved in the business of eBooks. It provides tools for the validation and pre-flight checking of EPUB files against a proprietary list of requirements as well as related Content, technology, and business services (the "Website"). Unless otherwise expressly provided, all provisions of these Terms of Use apply to Authorized Users.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU CONSENT TO THE TERMS OF USE. PLEASE NOTE THAT FIREBRAND MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME. BECAUSE THESE TERMS OF USE CREATE A BINDING CONTRACT BETWEEN YOU AND FIREBRAND, FIREBRAND RECOMMENDS THAT YOU BOOKMARK THE TERMS OF USE AND REVIEW IT REGULARLY TO ENSURE YOUR COMPLIANCE THEREWITH.
Please visit our privacy policy which is incorporated into the Terms and governs your visit to the Website.
"Client Agreement" means a duly executed agreement between Firebrand and a Client under which Firebrand agrees to provide services in connection with a Client's digital publishing activities including storage, validation, and manipulation of Restricted Content.
"Authorized User" means an employee, agent, affiliate, or subcontractor of Client who has been duly authorized by Client, by the authorization mechanisms that are made available by Firebrand via the Web Site, to access Restricted Content in Secure Areas.
"Client" means either: 1) an individual or entity that has entered into a Client Agreement with Firebrand; or 2) an individual or entity that is authorized to submit Content and designate Authorized Users pursuant to Section 7 below.
"EBook" means a publication for distribution for reading purposes via an electronic format.
"Public Areas" means those portions of the Website that Firebrand makes available to the public without restriction and that may be accessed without the use of a password.
"Secure Area" means those portions of the Website that Firebrand makes available solely to Clients and their Authorized Users and for which access is controlled by usernames and passwords.
"Submit" (whether or not capitalized) means to transmit, post, upload, distribute, display, publicly perform, copy, and/or make derivative works.
"Restricted Content" means the EBook files that has been Submitted by Authorized Users by accessing a Secure Area of the Website.
"Use" means (whether or not capitalized) to copy, distribute, publicly perform, publicly display, make derivative works, edit or otherwise access or use.
4.1. Limited Use of the Restricted Content. If you are an Authorized User who has been granted permission by a Client to access one or more Secure Areas, the following sections apply to you as well as the rest of the provisions in the Terms of Use. You may use Restricted Content solely for your own internal business purposes pursuant to the Terms of Use and any instructions, rules, or conditions provided to you by a Client. If you are accessing Secure Areas and/or using Restricted Content, you represent and warrant that you are authorized to do so by a Client and that you will comply with any instructions, rules, or conditions imposed by Client as well as these Terms of Use. You understand and agree that your authorization to access any Restricted Content or Secure Areas may be revoked by Firebrand at any time if Firebrand receives instructions to do so by the Client or if you fail to comply with these Terms of Use.
4.2. Confidentiality of Restricted Content. You will employ best efforts to safeguard the Restricted Content and protect it from unauthorized use, exercising at least a reasonable degree of care. You will immediately notify Firebrand of any unauthorized use of the Restricted Content. Your obligations to keep confidential the Restricted Content will survive the termination or expiration of the Agreement.
4.3 Password Protection for Secure Areas. Your right to access Secure Areas and to use Restricted Content is personal to you. You will not transfer, or make available to another, passwords and account identification provided to you or otherwise facilitate another's access to the Secure Areas or use of the Restricted Content. Any such transfer or facilitation may result in the immediate termination (in Firebrand's sole discretion) of your rights under the Terms of Use. If you believe your password has been disclosed to or is in use by another, you will immediately notify our Client Administrator and Firebrand.
4.4. Limited Liability Regarding Restricted Content. The Client (and not Firebrand) provides the Restricted Content that can be accessed through the Website.
4.5. Restricted Content Submissions. If you are a Client or an Authorized User, the Website provides a means for you to submit material through Secure Areas of the Website. You will not submit material protected by copyright, trademark, trade secret, patent, or other proprietary right without the express permission of the copyright holder. You will be solely liable for any damage resulting from any such improper submissions. To the extent you submit and/or edit Restricted Content through a Secure Area, you warrant that you have the right to do so and grant to Firebrand a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such Restricted Content in connection with providing services under an applicable Client Agreement. You will not submit material that: (i) constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; (ii) constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services; (iv) violates any applicable local, state, national, or international law or any regulations having the force of law; or (v) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
You agree that you will not use this Website to submit or otherwise make available content that:
Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable;
Harms minors;
Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party;
Constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services.
Violates any applicable local, state, national, or international law or any regulations having the force of law.
Firebrand respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Firebrand will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Firebrand will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Firebrand's Copyright Agent the following information:
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Website.
3. Provide your mailing address, telephone number and, if available, email address.
4.Include both of the following statements in the body of the Notice:
"I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Firebrand's Designated Copyright Agent:
By mail:
Firebrand Technologies
44 Merrimac Street
Newburyport, MA 01950
ATTN: Francis P. Toolan
While Firebrand considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright's fair use doctrine to pay damages and legal fees of $125,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
7.1. Disclaimer. Your use and browsing of this Website are at your own risk. Except as otherwise provided above, everything on this Website is provided "AS IS" without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Firebrand makes no warranties that the Website will be error-free or uninterrupted, that defects will be corrected, or that this Website, or its server are or will be free of viruses or other harmful components. Firebrand makes no warranties or representations regarding the use or results of the use of the Content on this Website. You understand and agree that applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7.2. Indemnification. You will defend, indemnify, and hold Firebrand harmless from: (i) your use of and access of the Website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to the Content or use of the Website. This defense and indemnification obligation will survive these Terms and your use of the Website.
7.3. Limitation of Liability. IN NO EVENT WILL FIREBRAND BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF FIREBRAND OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL FIREBRAND'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS WEBSITE.
7.4. Choice of Law. These terms of use will be governed by the laws of the state of Massachusetts without respect to its conflict of laws provision. Any claim or dispute between you and Firebrand that arises in whole or in part from this Website will be decided exclusively by a court of competent jurisdiction located in the state of Massachusetts.
7.5. Entire Agreement; Waiver. These Terms, together with the privacy policy and any other legal notice published by Firebrand on this Website constitute the entire agreement between you and Firebrand concerning this Website. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use. Firebrand's failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
7.6. Assignment. Subject to any terms to the contrary in the Client Agreement, Firebrand may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.
The Terms may be terminated by Firebrand at any time without notice. In the event of termination, you are no longer authorized to access the Website and all limitations on Firebrand's liability regarding your use of the Website and/or the Content will survive.
Contact Firebrand
If you have questions, please contact Firebrand via email at info@firebrandtech.com and include the words "FlightDeck Terms of Use" in the subject line of your email.
© 2014 QS Information Services, Inc. dba Firebrand Technologies.
QS Information Services, Inc. dba Firebrand Technologies ("Firebrand") is committed to respecting the privacy of the individuals who use this website (the "Website"). Accordingly, this policy (the "Policy") informs you about Firebrand's practices with regard to the collection of information about you. More specifically, this Policy describes the kinds of information, including Personally Identifiable Information (defined below), that Firebrand may gather during your visit to the Website, why such information is gathered, how it is used, when it might be disclosed, and what you can do if you disagree with the practices described in the Policy.
If you have questions about this Policy, or you don't see your concerns addressed here, then please see the Questions and Changes to Your Information section at the end of the Policy.
You understand and agree that by visiting the Website, you are accepting the terms of this Policy. Please keep in mind that from time to time, Firebrand may modify or amend the terms of this Policy. Because this Policy creates a binding contract between you and Firebrand, Firebrand recommends that you bookmark this page and review it regularly to ensure you are in compliance therewith.
Capitalized words used, but not defined, in this Policy, will have the meanings set forth in the Terms of Use.
One of the basic principles that Firebrand has followed in designing this Website is that Firebrand asks for only the information it needs to provide the service(s) that you have requested. As a result, the information that Firebrand collects about you depends almost entirely on how you choose to use the Website and Firebrand's services.
Except as otherwise disclosed to you in this Policy, Firebrand will not sell, barter, give away, or rent information that identifies you individually ("Personally Identifiable Information") to another entity. Under certain circumstances, Firebrand may collect your Personally Identifiable Information. For example, if you are an Authorized User who has completed a registration form, Firebrand may collect and store some or all of the following information: name, address, company name, email address, and website address(es), and other information that we may determine relevant from time to time. Firebrand uses this information to provide the services that you have requested. Firebrand may use this information to send you email about its services. You will have the option to opt out of future emails. If you are an Authorized User, then Firebrand may share your Personally Identifiable Information with the Client who has authorized your access to Confidential Content in Secure Areas.
Firebrand may also gather certain information that does not identify you personally ("Anonymous Information"). Firebrand may, for example, automatically collect your IP address, browser information, and site-domain name every time you visit this Website. Firebrand may also record and collect data regarding customer-traffic patterns and Website usage. Firebrand uses Anonymous Information to edit and personalize the Website and for other purposes. For example, to make the Website more relevant to users, Firebrand might show to authors certain products and advertisements relating to them. Publishers might receive information about other advertisements and products. Additionally, Firebrand may share Anonymous Information in ways that it deems appropriate or necessary such as sharing demographic information with advertisers or business partners.
Firebrand does not install spyware on your computer. Nor does it use spyware to retrieve information from your computer. Like many Websites, this Website uses "cookies," which are files that a browser stores on a computer hard drive for purposes such as notifying a Web site that a particular user has returned. Most browsers accept cookies automatically but allow you to disable them. If your browser does not accept cookies, you can still view the Website and may, as applicable, make a purchase. For an optimal Website experience, however, Firebrand recommends that your browser be configured to accept cookies.
Firebrand occasionally employs third-party agents, affiliates, and partners who perform on its behalf functions such as marketing, analytics, credit-card processing, shipping or stocking orders, providing customer service, and programming this Website. These people or entities may have access to your Personally Identifiable Information as strictly needed to perform their functions and will be contractually obligated to maintain the confidentiality and security of such information.
Firebrand may disclose Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on Firebrand or the Website; (b) protect and defend Firebrand's rights, property, Website, or users of the Website; (c) act under emergency circumstances to protect the personal safety of Firebrand, its affiliates, agents, business partners or users of the Website.
Firebrand strives to ensure that the Personally Identifiable Information you share with it is handled in a safe, secure, and responsible manner. Nevertheless, no security measures are absolute, and there is always a possibility that a security breach could occur.
This Website may contain links to other websites through advertisements or other links. The practices described in this Policy do not apply to information gathered through such other websites. These other websites may send their own cookies to you, collect your data, or solicit your Personally Identifiable Information. Firebrand is not responsible for the actions and privacy policies of these other websites. Accordingly, Firebrand encourages you to be aware of when you leave this Website and to read the privacy policies of each and every website that you visit.
This Website is published in the United States. U.S. law will govern in any and all disputes arising out of or relating to this Policy or use of this Website.
Firebrand may change ownership or corporate organization while providing this Website and related services. As a result, Firebrand may sell, transfer, assign, or otherwise share your information to another entity that is affiliated with Firebrand, with which it has merged, or to which Firebrand, or the portion of Firebrand's assets related to this Policy, are sold. Under such circumstances, Firebrand would, to the extent possible, require the acquiring party to follow the practices described in this Policy, as it may be amended from time to time.
You may always opt out of receiving marketing or promotional information from Firebrand as contemplated under this policy by clicking the unsubscribe link in any marketing emails.
If you have questions regarding this Policy, do not see your concerns addressed here, or would like Firebrand to update or change the information you have provided, please contact Firebrand via email at info@firebrandtech.com and include the words "Flight Deck Privacy Policy" in the subject line of your email.