IBPA-bfda.org WEBSITE VISITOR’S TERMS OF USE AGREEMENT AND PRIVACY POLICY NOTICE
(Including Privacy Policy for Children’s Online Privacy Protection and “Your Privacy Rights” for California Residents)
Effective and last revised on March 13, 2013
1. AGREEMENT TO WEBSITE VISITOR’S TERMS OF USE
Before accessing The Independent Book Publishers Association’s (“IBPA”) web site at https://www.ibpa-bfda.org (“IBPA-bfda.org”) please read all of the following Website Visitor’s Terms of Use Agreement (“IBPA-bfda.org TOU”), including the important warnings, restrictions and disclaimers. Whenever the term “access,” “accesses” or “accessing” appears in the IBPA-bfda.org TOU, it refers to and includes accessing, entering, using, viewing and/or visiting IBPA-bfda.org. By accessing IBPA-bfda.org, you (also referred to herein as the “user” or “users”) confirm that you have read and understood, and agree to be bound by, all of the following IBPA-bfda.org TOU, including the important warnings, restrictions and disclaimers set forth below.
If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit IBPA-bfda.org immediately. You may not use or access IBPA-bfda.org, or any of its services, content, resources or facilities, if you do not agree to be bound by the IBPA-bfda.org TOU.
IBPA may revise and update the IBPA-bfda.org TOU at any time, and your continued access to or use of IBPA-bfda.org thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor the IBPA-bfda.org TOU as posted on IBPA-bfda.org to determine the current terms and conditions of the IBPA-bfda.org TOU, as they may be changed from time to time. By accessing IBPA-bfda.org after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current IBPA-bfda.org TOU, you must exit IBPA-bfda.org and cease all use of its content, resources and facilities. The IBPA-bfda.org TOU was last revised on March 1, 2013.
IBPA-bfda.org is not intended for or directed to users under the age of 18. You may not use IBPA-bfda.org or any of its content, resources or facilities if you are not of legal age to form a binding contract with IBPA, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction. By accessing IBPA-bfda.org, you acknowledge and agree that you are representing to IBPA that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.
2. IBPA STATEMENT OF PRINCIPLES AND VALUES
“The Independent Book Publishers Association mission is to advocate for, support and educate our members and to improve the standards of independent publishing.” IBPA operates IBPA-bfda.org according to the following basic principles and values:
Authenticity: We require IBPA-bfda.org users to provide their real names to ensure honest and open communication among users.
Professionalism: IBPA does not, under any conditions, allow the selling of copyrighted material, and reserves the right to remove any unlawful or potentially unlawful posting on IBPA-bfda.org. If IBPA, in its sole and absolute discretion, determines that a user or visitor to IBPA-bfda.org has posted or submitted any communication or content which is unlawful, harmful, threatening, abusive, harassing, defamatory, false, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, fraudulent, or otherwise objectionable, then, in addition to any other remedies available at law or equity, IBPA may permanently revoke such user’s permission to access or use IBPA-bfda.org.
Intellectual Freedom: IBPA encourages open and honest communication on every topic of potential interest to IBPA-bfda.org users.
3. DISCLAIMERS AND CAUTIONARY NOTES
Ask an Expert. Although the IBPA and the contributors to “Ask an Expert” attempts to provide accurate, complete and up-to-date information, the IBPA makes no warranties or representations, express or implied, as to whether information provided on or via IBPA-bfda.org is accurate, complete or up-to-date.Except as described herein, any communication or material that you submit to “Ask an Expert” are considered to be non-confidential. You agree that you will not upload or transmit any communication that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You confirm and acknowledge that, in submitting any communication or material, including, but not limited to, text, graphics, audio, software, and/or images, (collectively the “Submitted Material”) to any part of IBPA-bfda.org, you agree, represent and warrant that you own the rights in the Submitted Material or have obtained the signed, written permission of the owners of all rights in the Submitted Material, and that you grant to IBPA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submitted Material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
The Expert (“Expert”) who provides advice via “Ask an Expert” does not act on behalf of the IBPA. The opinions expressed and information provided by the Expert are not those of the IBPA. The IBPA exercises no control over, does not endorse and takes no responsibility for any advice provided relating to independent book publishing. The IBPA is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by the Expert or as a result of the use of this website. You agree not to use “Ask an Expert” to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You further agree that you will provide your true name and e-mail address when transmitting any Submitted Material to “Ask an Expert”, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to IBPA and/or any other affected third parties.
Please use caution and common sense in evaluating and using this or any other resource on the World Wide Web and the Internet. If you do not agree to these Terms, you should not use this web-based service.
No Endorsement or Guarantee by IBPA. IBPA does not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout IBPA-bfda.org. IBPA does not endorse or sponsor, and is not affiliated with, the advertisers or providers of such information, advice, goods, services, or other resources. Users who post or respond to the postings on IBPA-bfda.org are not officers, directors, employees, representatives, or agents of IBPA, and IBPA disclaims any responsibility or liability for or to such users, and you agree that IBPA shall have no such responsibility or liability.
No Endorsement or Affiliation With Experts, Members, or Others. Without limiting the foregoing notice, please note the following important caution:
General Disclaimer of Liability. The contents of IBPA-bfda.org, such as text, graphics, images, audio, and software, including that licensed by IBPA to permit users to access IBPA-bfda.org, and any products or services in which any of the foregoing are embodied, are collectively referred to herein as “Content.” Without limiting any of the foregoing notices and disclaimers, please note that IBPA-bfda.org and the Content are made available without warranties or guaranties of any kind, and IBPA disclaims any liability for any injury or damage resulting from the use of IBPA-bfda.org, the Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through IBPA-bfda.org.
You acknowledge that in accessing IBPA-bfda.org, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of IBPA and its suppliers. Accordingly, IBPA assumes no liability for or relating to the delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with the use of IBPA-bfda.org.
IBPA-bfda.org and the Content are provided on an “as is” basis without any warranties of any kind. IBPA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose. IBPA, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Content. Likewise, IBPA, its licensors, and its suppliers do not make any warranty that the Content on IBPA-bfda.org satisfies any applicable laws or government regulations.
In no event shall IBPA, its licensors, its suppliers, or any third party mentioned or appearing at IBPA-bfda.org be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use IBPA-bfda.org or the Content. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not IBPA is advised of the possibility of such damages or liability.
In the event that any error by IBPA relating to the price of any service or item on IBPA-bfda.org results in a user paying a price which is higher than the correct price for such service or item, the user’s sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.
Social Media. IBPA uses 3rd party social media sites such as Facebook, Twitter, and LinkedIn as additional means of reaching the public and directing people to IBPA-bfda.org, which is the official website of the IBPA. Please review IBPA’s Social Media Policies and Guidelines (click here for Social Media Policies and Guidelines) which describes IBPA’s additional privacy practices that are specific to IBPA’s social and business networking sites and communities, online marketplaces, social bookmarking, wikis, blogging and generally, wherever there is user-generated content. In the event of any conflict, the IBPA Social Media Policies and Guidelines shall govern.
4. USER SUBMISSIONS
Non-Confidential and Non-Infringing. Except as described herein, any communication or material that you post on IBPA-bfda.org is considered to be non-confidential. You agree that you will not upload or transmit any communication that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You confirm and acknowledge that, in submitting any communication or material, including, but not limited to, text, graphics, audio, software, and/or images, (collectively the “Submitted Material”) to any part of IBPA-bfda.org, including IBPA sponsored forums, you agree, represent and warrant that you own the rights in the Submitted Material or have obtained the signed, written permission of the owners of all rights in the Submitted Material, and that you grant to IBPA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submitted Material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
No Unlawful or Objectionable Content. You agree not to use IBPA-bfda.org to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
True Name and E-Mail Address. You further agree that you will provide your true name and e-mail address when transmitting any Submitted Material to IBPA-bfda.org, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to IBPA and/or any other affected third parties.
Suppliers, and Affiliate Organizations. Providers of goods and services whose listings are posted on IBPA-bfda.org are posted for informational purposes only. IBPA does not endorse, sponsor, or guarantee any such listing, and IBPA is not affiliated with the individuals or companies whose listings are posted or the individuals who respond to such listings. No warranty of any kind is made as to the accuracy of such listings, the suitability of such goods, services, and companies, and the qualifications of individuals who may have submitted such material to IBPA for posting. All users of IBPA-bfda.org are cautioned to undertake their own independent investigation of any provider of goods and services and to satisfy themselves that they have obtained accurate and complete information and to contact such companies directly.
Forum. The content of material posted to the Forum page is the opinion of the person submitting the material for posting only, and such material is posted to the Forum only for the purpose of an exchange of opinions. IBPA does not endorse, sponsor, or guarantee any such postings, and IBPA is not affiliated in any manner with the persons submitting such material for posting. No warranty of any kind is made as to the accuracy of such material. All users are cautioned to undertake their own independent investigation of such material and to satisfy themselves as to the accuracy of such material.
IBPA’s Right to Edit, Adapt, Remove or Refuse to Post Material. IBPA reserves the right to edit, adapt, remove or refuse to post any material submitted for posting to any Forum or any webpages on IBPA-bfda.org in its sole discretion, but IBPA cannot and does not undertake to investigate or evaluate any such material prior to posting. Accordingly, IBPAdisclaims any responsibility or liability for any material appearing on the Forum or any webpages on IBPA-bfda.org, and you agree that IBPA shall not have such responsibility or liability.
No Postings in Violation of Law. IBPA strongly cautions all users of IBPA-bfda.org against posting material which infringes upon the copyright, trademark, privacy, or any other right of any third party, or which violates any local, state, or federal law. As an AIBPA-bfda.org user, you agree to indemnify, defend and hold harmless IBPA and its officers, directors, employees, and agents against any liability arising from your posting of any material on IBPA-bfda.org.
Other Prohibited Conduct. You agree not to access IBPA-bfda.org for any purpose except those specifically authorized by IBPA. You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of IBPA-bfda.org; the interference with access and/or use of IBPA-bfda.org by other users; the addition, deletion and/or modification of IBPA-bfda.org; the collection, recording, storage, and/or use of personal data about other IBPA-bfda.org users; the breach, or attempt to breach, the security and/or authentication features of IBPA-bfda.org; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by IBPA in connection with IBPA-bfda.org; the use of IBPA-bfda.org to send unsolicited communications, whether personal or commercial in nature; the use of IBPA-bfda.org as a pseudonymous return e-mail address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to IBPA and/or any trademarks owned by IBPA. Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.
E-Mail. IBPA will use e-mail to inform you of (i) new benefits and features associated with IBPA-bfda.org, (ii) any problems with IBPA-bfda.org, and (iii) special opportunities for e-mail account holders to purchase products and services that are appropriate to the interests of IBPA-bfda.org users.
IBPA’s Right to Edit or Remove Content. The opinions and views expressed by IBPA-bfda.org users do not necessarily represent those of IBPA. In addition, IBPA does not endorse, verify or support the content of such opinions or views. Users are solely and fully responsible for any content that they transmit via IBPA-bfda.org. However, IBPA is the final arbiter of what is and is not permissible for inclusion in or attachment to e-mail transmitted via, or stored on, IBPA-bfda.org. IBPA also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, or transmitted via, IBPA-bfda.org and to cancel any account, at any time, for any reason without prior notice.
No Obligation to Maintain Backup Copies. IBPA is not obligated to maintain backup copies of any material submitted to or transmitted via IBPA-bfda.org.
IBPA’s Right to Terminate User’s Account. IBPA reserves the right to terminate any user’s account if such user’s content or material stored or transmitted via IBPA-bfda.org violates any of the IBPA-bfda.org TOU. Actions or activities which may result in immediate termination of your e-mail account include, but are not limited to, (i) transmission or storage of material containing nudity or pornography, or material of a lewd or obscene nature, or any other material which violates local, state or federal law, (ii) any transmission or storage of material which violates or infringes in any way upon the proprietary or intellectual property rights of others, including, without limitation, copyrighted software which is distributed illegally, “MP3″ files of copyrighted music, copyrighted photographs, text, video, artwork, or any other materials which infringe upon a third party’s copyright, trademark or other intellectual property right, or (iii) any transmission or storage of any material that it threatening, abusive, harassing, defamatory, profane, fraudulent, racist, indecent, vulgar, invasive of privacy or publicity rights, or is otherwise objectionable.
IBPA also reserves the right to terminate your account in the event you post or email content to IBPA that promotes or encourages, or provides instructional information about, illegal activities such as hacking, cracking, storing or transmitting any software, information, or other material that contains a virus, corrupted data, or any other harmful or damaging component.By submitting or transmitting an e-mail message or accessing an IBPA Members webpage for the purpose of contacting a IBPA Member, you represent that the message contained therein complies with the IBPA-bfda.org TOU. If any third party brings a claim, lawsuit or other proceeding against IBPA based upon or relating to any of your e-mail messages or other conduct or use of IBPA-bfda.org, you agree to indemnify and hold harmless IBPA, including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses, including attorneys’ fees, in connection with any such claim, lawsuit or proceeding.
IBPA reserves the right to monitor and investigate any complaint regarding any content of a user’s e-mail messages and to take appropriate action if IBPA finds any violation of the IBPA-bfda.org TOU or any local, state or federal law. In the case of any complaint, IBPA reserves the right to remove the content complained of while IBPA is investigating this matter or while you and the complaining party attempt to resolve your dispute. This could result in your e-mail message being removed from IBPA-bfda.orgtemporarily or permanently.
The personal profile information you submit to access IBPA-bfda.org may be used by IBPA for internal marketing to its users. IBPA reserves the right to release current or past user information in the event that IBPA, in its sole discretion, believes, or has reason to believe, the IBPA-bfda.org e-mail service is being used in violation of the IBPA-bfda.org TOU or in violation of any local, state or federal law. By utilizing IBPA-bfda.org’s e-mail service, you consent to disclosure of any record or communication you have sent to any third party when IBPA, in its sole discretion, determines such disclosure to be appropriate.
5. IBPA’S INTELLECTUAL PROPERTY RIGHTS – USE OF CONTENT; COPYRIGHT
Upon acceptance of the IBPA-bfda.org TOU, IBPA authorizes you to view the material on IBPA-bfda.org solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, IBPA-bfda.org result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of IBPA.
Other than printing one or more pages of IBPA-bfda.org for your personal, non-commercial use, you are not allowed to print any pages or screens from IBPA-bfda.org. You are also not permitted to download individual images or text items for local storage and distribution. The Content may not be distributed in a generally accessible (public) web site without the prior written consent of IBPA, which may be withheld in IBPA’s sole and absolute discretion.
Linking. You are currently permitted and encouraged to link to IBPA-bfda.org from your own home page. However, IBPA reserves the right to require that you complete and comply with a Linking Agreement. Any such requirement, if and when adopted, will be described in this section of the IBPA-bfda.org TOU.
Change in Content. The Content is subject to change without notice at the sole, editorial discretion of IBPA.
Termination of Right to Use or View Content. If you violate any of the IBPA-bfda.org TOU, your permission to access or use IBPA-bfda.org may be terminated at the sole discretion of IBPA.
Copyrights and Trademarks of IBPA. IBPA reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of IBPA. Any other copyrighted or trademarked material that may appear at or through IBPA-bfda.org is used either by permission of the copyright and trademark owners or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law. In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.
Notice and Procedure for Making Claims of Copyright Infringement.
IBPA will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of IBPA: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to IBPA Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
It is IBPA’s policy to terminate usage rights and accounts of users it determines to be repeat copyright infringers.
6. ADVERTISEMENTS
IBPA-bfda.org contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, IBPA does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on IBPA-bfda.org.
7. LINKS TO OTHER SITES
IBPA-bfda.org may contain links to third party web sites. Any such links are provided solely as a convenience to you. IBPA is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any materials on such third party web sites. If you access any linked third party web site, you do so at your own risk. Your use of third party web sites is subject to the terms and conditions of use for those sites.
8 OTHER TERMS OF USE
Indemnity. You agree to defend, indemnify and hold IBPA, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of IBPA-bfda.org and/or its Content. IBPA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of IBPA against any such claim, suit or proceeding.
Jurisdiction and California Law. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles County, California (USA) in connection with any dispute or claim relating to the IBPA-bfda.org TOU and/or IBPA-bfda.org involving you, IBPA or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers. The IBPA-bfda.org TOU are governed by the laws of the State of California, without respect to its conflict of laws principles. If any provision of the IBPA-bfda.org TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the IBPA-bfda.org TOU shall remain in full force and effect. No waiver of any of the IBPA-bfda.org TOU shall be effective unless it is in writing. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement.
Except as expressly provided in a particular “legal notice” on IBPA-bfda.org, or as otherwise expressly provided by IBPA in writing, the IBPA-bfda.org TOU constitute the entire agreement between you and IBPA with respect to your use of IBPA-bfda.org and/or the Content. If you are not willing to be bound by the IBPA-bfda.org TOU, please exit IBPA-bfda.org now.
No Refunds.
Except as expressly set forth in IBPA’s Policy on Cancellation, Credit Memo and Returned Merchandise (see below), no refunds are available.
IBPA’s Policy on Cancellation, Credit Memo and Returned Merchandise.
In the event that IBPA cancels a seminar or educational program, you will be notified by phone and in writing as soon as it is practical under the circumstances. In such case, you would be entitled to a full refund, less any merchandise (including shipping and handling charges) you may choose to keep. Under no circumstances will IBPA be liable for reimbursement of expenses incurred by you, if IBPA notifies you or makes every reasonable effort in good faith to notify you prior to the date of the seminar or educational program. Notwithstanding the foregoing, if IBPA cancels or postpones a seminar or educational program due to inclement weather, force of nature or any act of God, IBPA reserves the right to reschedule another similar seminar or educational program at a convenient venue closest to the original location, within twelve months from the date of such cancellation or postponement. No refund will be due, and IBPA will not be liable for any consequential loss resulting from such cancellation or postponement.
In the event that you notify IBPA that you wish to cancel your seminar or educational program registration, a credit memo, which represents a credit in your account with IBPA, will be issued for cancellation of your original registration. Under IBPA’s no refund policy, only a credit memo may be issued. A credit memo does not represent a refund, or a potential refund, but a credit with IBPA, which may be applied towards another IBPA seminar or educational program or merchandise for up to one year from the original registration date or the date of the original order for merchandise.
IBPA PRIVACY POLICY NOTICE
Including Children’s Online Privacy Protection Policy
and “Your Privacy Rights” for California Residents
Effective and last revised on May 17, 2012
IBPA wants you to understand how your personal information, which you provide to us, or which we obtain from your usage of IBPA-bfda.org, may be used by IBPA and/or its licensees or affiliates. Please read this Privacy Policy and note that our Privacy Policy is subject to change by IBPA from time to time. Users are notified of such changes by postings to this page at IBPA-bfda.org. Users are encouraged to monitor this page in order to view such notices. This Privacy Policy was last revised on March 1, 2013.
IBPA complies with the provisions of FERPA (Family Educational Rights and Privacy Act), Children’s Online Privacy Protection Policy, California’s “Shine the Light” law and all other applicable privacy laws.
Collection and Sharing of Your Information. Our primary goal in collecting personal information is to enable us to provide you, the user, with a customized experience within IBPA-bfda.org. We conduct research on our users’ demographics, interests, and behavior based upon the information you provide us at registration, as well as information generated by or maintained in our server log files. We do this to better understand and serve our users. Our research is compiled and analyzed on an aggregated basis, and, occasionally, we share this aggregated data with advertisers or business partners.
When you become a registered user of IBPA-bfda.org, post materials, email “Ask An Expert”, or make a purchase we may ask you for certain personal information such as your name, address, e-mail address and/or credit card number in order to establish or manage your account, process your order, administer the challenge or promotion, or send you e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information to browse IBPA-bfda.org as a visitor.
If you have become a registered user of IBPA, provided us with your email address or communicated with us electronically, we may contact you from time to time via email with information about events, products or services we are introducing, or those of approved third parties we feel you may find useful.
We will not sell or trade your personal information to any list broker or direct mail advertisers unless you specifically give your consent to IBPA to do so. However, we do reserve the right to sell or trade your name and E-mail address to other companies, institutions, organizations or web sites which provide content, products, or services in the publishing industry. We also reserve the right to share your name, E-mail address and other publishing-related information with other companies, organizations, institutions or web sites which provide content, products or services in the publishing industry.
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
There may be occasions when we are required by law, legal process, litigation and/or requests from public or governmental authorities to provide access to our databases, or to disclose information about you. We may also disclose information about you if we determine that disclosure is reasonably necessary to protect our operations or users, or to enforce our terms and conditions. In those instances, the information is provided only for that purpose.
You agree that, in the event that IBPA is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the IBPA-bfda.org TOU.
Offers for Services by Third Parties on IBPA-bfda.org. IBPA may sometimes permit third parties to offer subscription and/or registration based services through IBPA-bfda.org. In this event, IBPA is not responsible for any actions or policies of such third parties, and you, the user, should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information.
Cookies. IBPA may employ “cookie” technology to keep track of a user’s current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that IBPA cannot control the use of cookies by advertisers or third parties hosting data for IBPA.
Opt Out Procedure. You have the option to opt out of receiving information via email from IBPA and IBPA-bfda.org. An opt out or unsubscribe message will appear at the bottom of every email that is sent out. If you no longer wish to receive email messages or any form of direct contact from IBPA-bfda.org, please contact us using the opt out procedure indicated in the opt out message, or contact us directly by calling 1-310-546-1818 or emailing us at info@ibpa-bfda.org.
Security. If you provide credit card and other financial information in connection with the online purchase of goods and services from IBPA, such information shall be used by IBPA (and/or third-party services engaged by IBPA) only for the purpose of processing the payments and will not be maintained on file by IBPA. We have installed encryption software to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. However, profile information that you submit in registering with IBPA-bfda.org is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, please contact us immediately by calling 1-310-546-1818 or emailing us at info@ibpa-bfda.org.
Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
Reviewing or Changing Your Information. Once you have registered with IBPA-bfda.org, you will not be able to delete your profile or any records of your activity or usage of IBPA-bfda.org from our database. You will, however, be able to review, update or change your personal information on file with IBPA. To review, update or change your personal information, please contact us at 1-310-546-1818 or emailing us at info@ibpa-bfda.org.
Children’s Online Privacy Protection Policy. IBPA-bfda.org is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to IBPA-bfda.org or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by IBPA, please contact us immediately by calling 1-310-546-1818 or by contacting us in any manner listed below, so that we may take appropriate steps to remove such information from our database.
In our continuing effort to protect the privacy interests of our users, we encourage you to voice your privacy concerns. If you have any questions or concerns about our Privacy Policy, please call 1-310-546-1818 or communicate with IBPA by contacting us in any manner listed below.
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)
California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to IBPA-bfda.org in the past, and/or if you do so in the future, you are entitled to submit a request in writing to IBPA for a description of the information we may have provided to third parties. To submit your written request, please send it to us using our contact form (click here for contact form) and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.
This web site is operated by The Independent Book Publishers Association (IBPA), a non-profit organization.
Our mail address is : 1020 Manhattan Beach Blvd. #204
Manhattan Beach, CA90266
Our phone number is : 310-546-1818
Our fax number is: 310-546-3939
Our e-mail address is : info@ibpa-bfda.org
