Terms and Conditions
Last revised: October 1, 2018
1. Acceptance of the Terms and Conditions.
1.1 Welcome to Prolific Works! Thank you for using our website, applications and our services (the "Website"). The Website is provided by Libboo, Inc. ("Libboo," "Prolific Works," "the team," "we," "us," etc.) By using or accessing the Website as well as any content, functionality, reports, software, texts, images, sounds, video and services offered on or through any portion of the Website, you ("You," "you," etc.) are acknowledging that you have read, accept and that you agree to be bound by the terms of this agreement (the "Agreement""). Please read them carefully. If you are entering into this Agreement on behalf of a company or other legal entity, you must have the legal authority to contractually bind such company or legal entity. If you do not accept these terms or if you lack legal authority to contractually bind the company or legal entity, then you may not access, browse, or use the Website and are not considered a user, whether registered or a guest user, or member by Prolific Works.
1.2 We may modify these terms from time to time in our sole discretion. If we do so, you will find the latest version here on this page, or by selecting the "About" link that you find at the bottom of each page of the Website and clicking to "Terms and Conditions". All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We'll try to notify you of the changes by e-mail, but you should check the Website "Terms and Conditions" regularly to make sure you're aware of any updates. If you access or use the Website after these terms have been revised, then you agree the revised terms govern your usage. If you don't agree to the revised terms, then you may not use the Website.
1.3 The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not use or access the Website or its contents.
2. Use of the Website.
2.1 The software, text, graphics, and images (the "Content") of this Website and ebook publishers' titles are protected by United States and foreign intellectual property laws. You will not use the Content except as permitted by these terms. Any use of the Content beyond what these terms permit is unauthorized and may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, including but not limited to framing or mirroring the Content. In particular, the use or posting of any of the Content on any other website is expressly forbidden. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you must immediately destroy any copies you have made of the Content. You must retain all copyright and other proprietary notices contained in the original Content in any copy you make of the Content.
2.2 The trademarks, service marks, and logos of Libboo and Prolific Works (the "Company Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of Libboo and Prolific Works. Other company, product, and service names on the Website may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, together with Libboo and Prolific Works Trademarks, the "Trademarks"). Nothing on the Website or in this Agreement should grant you any license or right to use any Trademark without the prior written consent of Libboo or Prolific Works specific to each such use. The Trademarks may not be used to disparage Libboo, Prolific Works, or any third party, or their products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any other website is prohibited without Libboo's prior written consent. All goodwill generated from the use of any Company Trademark shall accrue to Libboo and Prolific Works' benefit.
2.3 You agree not to: (a) impose an excessive load on or otherwise interfere with the operation of the Website; (b) attempt to reverse engineer any portion of the Website; (c) modify, delete or alter any Content posted on the Website, or any copyright, trademark or other proprietary rights notices from copies of material from the Website; (d) use any technology to automatically extract data from the Website; (e) use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (f) use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content; (g) send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Guidelines, (h) use any device, software or routine that interferes with the proper working of the Website, (i) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or (j) otherwise attempt to interfere with the proper working of the Website.
2.5 The Website may contain links to other websites not operated or controlled by Libboo or Prolific Works. These links do not imply that Libboo or Prolific Works endorses or has reviewed those websites. If you decide to access those websites, you do so at your own risk and are subject to the terms and conditions of use of such websites, material or content. You should contact those websites if you have questions about their content. You should always take precautions when downloading files from any website to protect your computer from viruses and other destructive programs.
2.6 Libboo does not endorse any content submitted to the Website, the Prolific Works content sharing platform, and services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Libboo expressly disclaims any and all liability in connection with the content. Libboo does not permit copyright infringing activities and infringement of intellectual property rights on its service and Libboo will remove, in accordance with this section, all content if properly notified that such content infringes on another’s intellectual property rights.
2.7 Libboo participates in affiliate programs with other websites not operated or controlled by Libboo. Such programs offer a commission for qualifying purchases made by a customer delivered by Libboo to an online storefront. Any and all commissions that Libboo receives through Libboo's participation in affiliate programs shall be retained in their entirety by Libboo.
2.8 Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements of the Digital Millennium Copyright Act of 1998 (the "DMCA"). Notices and counter notices with respect to the Website should be sent to Prolific Works c/o Libboo at:
Prolific Works, ℅ Libboo, Inc.
9 Munroe Avenue
Watertown, MA 02472
2.9 Fees and Services. We charge fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of fees and charges, which may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events or new services and such changes are effective when we post the temporary promotional event or new services on the Website. Unless otherwise stated, all fees are quoted in United States Dollars.
3. Grant of License to Libboo.
3.1 Statement of Purpose. Authors, Publishers, Content Owners, and Rights Holders may choose whether or not to add a book or other work (collectively or separately, the "Work") to Prolific Works for the following purposes (the "Purposes"): advocating or marketing You or the Work; increasing the discoverability of the Work; managing a community around You or the Work; distributing the Work.
3.2 Definition of Work. For purposes of clarity, the Work includes selected product information, including your name(s), product image(s), metadata, and other descriptors (collectively, the "Promotional Content") that supports the Purposes. You may elect to include an ebook or other digital file as a part of the Work to use for giveaways (the "Freebies"), but are not required to do so in order to create an account on the Website.
3.3 Adding of Work. If you choose to add a Work to the Website, you grant to Prolific Works a non-exclusive, sub-licensable license, until terminated, to copy and distribute copies of the Work to third parties within the parameters you set, and to publicly perform and display the Work, in part or in whole, through Prolific Works' products and services as they exist now and in the future.
3.4 Promotional Content. Whether or not you choose to add a Work to Prolific Works, you grant to Prolific Works a non-exclusive sub-licensable license to use your name, image, and descriptions of the Work (collectively, the "Promotional Content," as defined above) in the pursuit of the Purposes, as defined above.
3.5 Changes to Work or Promotional Content. You also grant to Prolific Works a non-exclusive, sub-licensable license to make minor changes to the Work for the Purposes, as defined above, provided that these changes do not materially alter the meaning, context, narrative, or representation of the Work. As an example, we may modify a copy of your Work with a "digital watermark" to indicate that the Work is being given away though a Prolific Works campaign.
3.7 Amazon KDP Select and other Exclusive Programs. By creating a Freebie campaign or giveaway on Prolific Works, you represent that you are not forbidden to do so by other programs in which you are enrolled, such as Amazon’s Kindle Direct Publishing Select program. Prolific Works holds no responsibility for parties who violate the Terms and Conditions of other programs by using the Prolific Works service. Please check the Terms and Conditions of other programs in which you are enrolled before creating a Freebies campaign on Prolific Works.
3.8 As a User of the Website, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (a) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing or viewing the Work; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Website or its content for your own personal use and not for further reproduction, publication or distribution; and (d) you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by your all of our agreements.
3.9 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LIBBOO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LIBBOO AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LIBBOO OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3.10 We may read all content posted on the Website or download or access, and test (if necessary), all uploaded files, or other information related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted nor can we verify the accuracy, completeness or veracity of any such Work. Accordingly, we assume no liability for any Work or for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4. Participant Responsibilities.
4.1 Giveaways. Authors, Publishers, Content Owners, and Rights Holders may elect to give away Freebies in pursuit of the Purposes. Giveaways are subject to the following:
- You are solely responsible for the legality of any giveaway, whether it's a part of a campaign on the Website or otherwise.
- You are solely responsible for maintaining that the digital file you are using to generate Freebies is a valid and up-to-date version.
5. Limitation of Liability and Disclaimer of Warranties.
5.1 You understand that we cannot and do not guarantee or warrant that files or contents available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
5.2 YOUR USE OF THE WEBSITE, APPLICATIONS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. PROLIFIC WORKS, LIBBOO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "LIBBOO PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, SECURITY, QUALITY OR AVAILABILITY OF THE WEBSITE OR TIMELINESS. THE LIBBOO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, RELIABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FOR WHATEVER CAUSE. THE LIBBOO PARTIES DO NOT WARRANT THAT THE WEBSITE, APPLICATIONS, SERVICES AND THE CONTENT WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, APPLICATIONS, SERVICES OR THE CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES OR THAT THE WEBSITE, APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IF YOUR USE OF THE WEBSITE, APPLICATIONS, SERVICES OR THE CONTENT RESULTS IN SERVICING OR REPLACING EQUIPMENT OR DATA, NO LIBBOO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEBSITE, APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LIBBOO PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
5.3 IN NO EVENT SHALL ANY LIBBOO PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA) RESULTING FROM OR IN CONNECTING WITH YOUR USE, ACCESS OR INABILITY TO USE THE WEBSITE, APPLICATIONS, SERVICES, THE CONTENT, ANY WEBSITES LINKED TO IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.4 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE LIBBOO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.1 You agree to defend, indemnify, and hold harmless the Libboo Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including, without limitation, reasonable legal and accounting fees, actions or demands, arising or relating from your breach of these terms or your access to, use or misuse of the Content or Website. Prolific Works, via Libboo, shall provide notice to you of any such claim, suit, or proceeding. Libboo reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Libboo's defense of such matter.
7. Termination of the Agreement.
7.1 Prolific Works reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Website or the Content at any time, for any reason, without prior notice or liability. Prolific Works reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Website and delete all copies of the Content or Work from your devices and account.
7.2 Sections 2 (Use of the Website), 5 (Limitation of Liability and Disclaimer of Warranties), 6 (Indemnification), 7 (Termination of the Agreement), and 10 (Miscellaneous) shall survive the termination of this Agreement.
8. User Must Comply with Applicable Laws.
8.1 You represent and warrant that your use of the Website will comply with all applicable laws and regulations. This Website is based in Watertown, Massachusetts. You are responsible for determining whether our services are suitable for you to use in light of any regulations (such as EU Data Privacy Laws or other laws). We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for obeying the laws of your jurisdiction.
8.2 The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited by law. By downloading Content, you agree that you are not in a country where such export is prohibited and are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your jurisdiction regarding the import, export, or re-export of the Content.
9. U.S. Government Restricted Rights.
9.1 The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.
10.1 At Libboo’s sole discretion, it may require you to submit any disputes arising from the use of these terms and conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Boston, Massachusetts under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.
10.2 In the event of a legal notices to Libboo, such notice must be in writing or sent by registered or certified mail, postage prepaid, return receipt requested, or by overnight express courier, postage prepaid and addressed to Libboo at the address Company provides in section 2.8 herein. In such case, notice will be deemed given three days after the date of mailing. In the event of a legal notice to you, such notice will be sent by electronic mail or mail, at the Libboo’s sole and absolute discretion, to the email or address you provided the Libboo during the registration process. Email notices will be deemed given twenty-four (24) hours after email is sent, unless Libboo is notified that the email address is invalid or that the email has not been delivered. You consent to receive notices and information from us regarding the Website and this Agreement by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account with Libboo.
10.3 In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened without undue delay.
10.4 This Agreement and all matters relating to the Website and any dispute of or claim arising therefrom or related thereto shall be governed and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without respect to its provisions on conflicts of laws. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Boston and County of Suffolk. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If any of these terms is found invalid by a court having competent jurisdiction, the remaining terms of this Agreement shall be unaffected and remain in full force and effect. Prolific Works' failure to enforce any term of the Agreement shall not be construed as a waiver of that term or any other term, and no waiver shall be held against Prolific Works or Libboo unless it is made in writing, and no such waiver shall be construed as a waiver in any other instance. Except as expressly agreed by Prolific Works or Libboo and you in a separate writing, these terms constitute the entire Agreement between you and Prolific Works or Libboo with respect to the Website and Prolific Works or Libboo's services, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Prolific Works or Libboo with respect to the Website and Prolific Works or Libboo's services. This Agreement may be enforced on its terms against you by our successors, assigns, licensees, and sublicensees.Back to About