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TERMS OF USE

Legal Restrictions and Terms of Use Applicable to this Site Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to butterflybooks.net and any other site owned and/or operated by or on behalf of ButterFly Books or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "butterflybooks.in" and "Butterfly Books" and/or “we” respectively).

USE OF MATERIALS This site is owned and operated by Butterfly Books. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of butterflybooks.net are the property of Butterfly Books and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from butterflybooks.in or any of the sites linked to it, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Butterfly Books's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Butterfly Books. Butterfly Books does not transfer title to the Software to you. As between you and Butterfly Books, Butterfly Books retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant Butterfly Books and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on butterflybooks.in, including without limitation via message boards, chat rooms and/or blogs or any other features on butterflybooks.net, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT Derogatory, harmful or unlawful conduct is not permitted on butterflybooks.in. Users are not permitted to upload to, distribute through, or otherwise publish through butterflybooks.in any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on butterflybooks.net. Unauthorized collection and/or use of email addresses via butterflybooks.net is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of butterflybooks.in. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder, message board postings and/or comments made in chat rooms and/or any other features on butterflybooks.in. Butterfly Books is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of butterflybooks.in including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder message board postings and/or comments made in chat rooms and/or any other features on butterflybooks.net. You acknowledge that Butterfly Books may or may not pre-screen and/or monitor content posted on butterflybooks.net, and that Butterfly Books shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on butterflybooks.in at any time for any reason, in Butterfly Books’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on butterflybooks.in and any rules for conduct on butterflybooks.net or use of specific features and/or services offered thereon that may be posted on butterflybooks.in, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE Any informational materials provided on butterflybooks.in, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Butterfly Books makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through butterflybooks.in. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via butterflybooks.net are solely between you and such entity. You agree that Butterfly Books shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Butterfly Books does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of butterflybooks.in is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on butterflybooks.net, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

PRICING With respect to items sold by Butterfly Books online in The Butterfly Books Store, we do NOT charge your credit card until after your order has entered the shipping process. From time to time, however, some items in our online stores may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:

If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.

If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.

CHANGES TO SITE Butterfly Books may add, change, discontinue, remove or suspend any portion of butterflybooks.in at any time, without notice.

USER ACCOUNTS Certain portions of butterflybooks.in may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or ed by you so that others may not access any members-only or password-protected portions of butterflybooks.in using your account and/or identity. Butterfly Books reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of butterflybooks.in for any reason, including without limitation for extended periods of inactivity.

TERMINATION This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from butterflybooks.in and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Butterfly Books, if in Butterfly Books's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from butterflybooks.in and all copies thereof, whether made under the terms of this Agreement or otherwise.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Butterfly Books BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON butterflybooks.in, EVEN IF Butterfly Books OR A Butterfly Books AUTHORIZED REPRESENTATIVE HAS 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 SHALL Butterfly Books'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING butterflybooks.in.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING butterflybooks.in AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION By using butterflybooks.in, you agree to indemnify, defend and hold harmless Butterfly Books from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation (2) a claim that is based on your use of any content on butterflybooks.in or (3) any material uploaded by you or through your computer to butterflybooks.in or otherwise sent by you to Butterfly Books. You will cooperate as fully and reasonably as required by Butterfly Books in the defense of any claim. Butterfly Books reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Butterfly Books.

PERMISSION FOR WEB LINKING If you link to butterflybooks.in, you may only link to the home page, and the link must be in plain text, after getting approval from Butterfly Books in writing. Any such link must not damage, dilute or tarnish the goodwill associated with Butterfly Books and/or any Butterfly Books intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Butterfly Books, and you may not “frame” butterflybooks.in. You may not link to butterflybooks.in from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Butterfly Books’s sole discretion. Butterfly Books reserves the right, in its sole discretion, to terminate any link from any web site. To request permission to place a link from your web site to butterflybooks.in, please send your name, address, web site URL, and nature of the web site to: admin@butterflybooks.net.

For International orders, all local/destination, charges/taxes/duties are to be paid by the customer. Butterfly Book's responsibility ceases once the books are sent out.

Courier/Shipping Charges are subject to change without notice.

International cheques are not accepted.

In the event that a book is sold out once you have placed and order and paid for it, the amount equal to the value of the book not available/supplied will be refunded back to you. In case of payment by credit card, the transaction will be reversed for the amount of the book not available/supplied.

Books once sold and sent out for delivery will not be taken back or exchanged.

 
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