In no event will Trueberry Books, Inc., (the "Company") or its directors, officers, employees, agents, or any of its related, affiliated, or subsidiary companies be held responsible for any copyright infringement for photographs, images, text or any other content uploaded to this Web site that do not belong to you (the "user") or are not considered public domain. You may not upload content that you do not have permission to post. You are solely responsible for any copyright violations that you may incur as a result of your activities. It is also your responsibility to make sure that the images uploaded are not obscene or defamatory.
You are solely responsible for the accuracy, legality, currency and compliance of your own material and will be solely liable for false, misleading, inaccurate, or material which infringes the copyright of a third party or any analogous right or other actionable material contained or referred to therein and you agree to indemnify, defend, protect and hold harmless the Company, its assignees, affiliated entities, and the officers, directors, shareholders and employees of the foregoing, and all persons employed in connection with the Company, from and against any and all liabilities, actions, claims, demands, losses, expenses and damages (including and not limited to reasonable attorneys' fees and expenses) resulting in any way from its use of and from any material posted on this Web site.
All content on the Web site and available through the service, including illustrations, text, graphics, pictures, and information, are the proprietary property of Trueberry Books, Inc., its users or its licensors with all rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.
You acknowledge and agree that any questions, comments, suggestions, ideas, concepts, feedback or other information about the products, books, Web site or service, provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you submit a concept to the Company or share your book on the Web site, you are doing so voluntarily and recognize that the material could be similar to concepts the Company is currently developing. The Company does not assume any obligation with respect to the submission or posting of material.
You acknowledge and agree that sharing your book on the Company's Web site does not copyright it. Other people might use similar elements, e.g., wording, while creating their own books.
Although the Company does not and cannot review all communications or content uploaded to the Web site and is not responsible for the content, the Company reserves the right to delete, move or edit any content for any reason at any time, without notice. The user shall remain solely responsible for all communications made or content uploaded under their name. The Company shall have the right but not the obligation to correct any errors or omissions in any content, as it may determine in its sole discretion.
You must be at least 18 years of age, or accompanied by an adult, to use the Web site.
We will reprint any book that has a printing defect, free of charge. However, since Trueberry Books are personalized and one-of-a-kind, we cannot accept returns or offer refunds after you place your order. Please make sure you review your book and are happy with your creation before you place your order.
Each gift card may be redeemed for up to the price of one book and standard shipping. Gift cards may be applied to only one purchase. If a promotion or any other discount reduces the cost of a book on which the gift card is used, credit is not given on the difference.
Gift cards may not be used to purchase gift cards.
Some email providers may mark the gift card email notification as "spam".
Promo code discounts do not apply to gift card purchases.
Promo code discounts do not apply to books purchased with a gift card.
In no event will the Company or its directors, officers, employees or agents, or any of its related, affiliated, or subsidiary companies be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, lost profit or punitive damages, or for any damages in the event that any content that you provide, such as photographs, text or personal information, are placed into the public domain or disclosed to third parties. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the service.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you upload to the Web site or provide to the Company. The Company cannot be responsible for any loss or damage to any user content.
You agree to indemnify, defend, protect and hold harmless the Company, its assignees, affiliated entities, and the officers, directors, shareholders and employees of the foregoing, and all persons employed in connection with the Company, from and against any and all liabilities, actions, claims, demands, losses, expenses and damages (including and not limited to reasonable attorneys' fees and expenses) resulting from any violation of these terms or any activity related to the service (including negligent or wrongful conduct) by you or any other person accessing the service as your invitee, such as by using your account.
Any product or service made available by the Company is provided on an "as is" and "as available" basis. Your use of the service is at your own risk. You are responsible for reviewing the text, photographs and other items that you submit. The Company does not spell check or otherwise review such submissions. Please note that photographs may appear different in print than they do on a computer screen. The Company and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Any material downloaded or otherwise obtained through the use of the service is at your own discretion and risk.
Trueberry Books is a registered trademark. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
The rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and shall be governed by, the laws of the State of California.
If any provision of these terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
You may not assign, sub-license or otherwise transfer any of your rights under these terms. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
If you'd like us to delete a photograph you have uploaded or a book you have created, contact us.