Terms of Use

Bellflower Books provides personal publishing services that allow its customers to create and print quality books (each, a “Book”). Visitors to the Bellflower Books website can also become registered Account holders in the Bellflower community. The services offered by Bellflower Books (“Bellflower”, “us” or “we”) include the Bellflower personal publishing services, the Bellflower website with the Bellflower community (the “Website”), and any other features, content, or services offered from time to time by Bellflower in connection with the Website (collectively, the “Services”).

This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are simply browsing the Website or you have registered with Bellflower and set up an account with us.

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE BELLFLOWER PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.

Amendments, Revisions and Updates. We reserve the right to revise these terms and conditions at any time by posting revisions on our website. Please check this page regularly to ensure you are familiar with the current version. If you do not agree to any modification, you must cease your use of the Services.

1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Bellflower Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).

2. Term. This Agreement shall remain in full force and effect while you use the Services. Even after you cease using the Services, Sections 8 through 18 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Bellflower profile information from our live databases as well as any Content that you uploaded to the Bellflower Website using such Account. Bellflower will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

3. Fees. You acknowledge that Bellflower reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Bellflower on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Bellflower as set forth on the Website.

4. Conditions of Sale.  

4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age. You will be required to give us a valid credit card number (VISA, MasterCard, American Express, Discover or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Bellflower currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Bellflower invoices the credit card for all amounts due and payable. By providing Bellflower with your credit card number and associated payment information, you agree that Bellflower is authorized to immediately invoice your account for all fees and charges due and payable to Bellflower as a result of your purchase of any Books or other products. You agree to immediately notify Bellflower of any change in your billing address or the credit card used for payment hereunder. Bellflower reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.

4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes at the rates in effect when the charges were incurred. Bellflower may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.

4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: info @bellflowerbooks.com with the subject heading “Dispute.” If Bellflower does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Bellflower or its agents

4.4 Returns. All sales of Books and other products are subject to Bellflower’s then-current return policies, as posted on the Website.

4.5. Export. You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Services.

5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Bellflower’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Bellflower reserves the right at any time after receipt of your order to accept or decline your order for any reason. Bellflower further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Bellflower upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

6. Title and Risk of Loss. Title and risk of loss to each shipment of the Books and other products shall pass to you when Bellflower makes such shipment available to a carrier.

7. Password. When you set up an Account, you will also be asked to provide a valid email address as a username and choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Account holder at any time. You agree to notify Bellflower immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

8. Proprietary Rights.

8.1 Your Content. “Your Content” includes the text, files, images, photos, video, sounds, works of authorship, and other material (a) that you include in the Books, submit to Bellflower for Books and print services, or that you contribute to the Books of other Account holders (“Book Content”), and (b) that you post in any of our forums, share with other Account holders through the Services, or feedback that you provide to us (the “Other Content”). Bellflower  is not responsible for how Authors and/or Contributors use Your Content and Other Content.  Bellflower will not use or make public any material that is created using the Services, except as provided below.  However, Bellflower shall not be responsible if others (i.e. Authors, Contributors) make this information public.  For instance, an Author could choose to copy and paste a Contributor’s photo onto a Facebook page. Bellflower shall have no responsibility or control over such uses.  Bellflower has no ownership in any of your Content. However, to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Content:

A. License to print your Books. You hereby grant to Bellflower a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Account holders as a contribution to their Books).

B. License to use your Book Content for optional Bellflower features. In the event you decide to use any optional feature that Bellflower may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Bellflower a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for Bellflower to provide such optional feature.

C. License to use Other Content. You hereby grant to Bellflower an irrevocable, perpetual, non-exclusive, fully-paid and royalty free license (with right to sublicense) to create derivative works, reproduce, distribute and publicly display the Other Content that you post on our website in any and all media (now known or later developed) throughout the universe.

You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth above in this section for Your Content (including Book Content and Other Content) that you provide to and post on the Services, contribute to other Account holders, or provide for our print services to have them printed in a Book, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights or any other rights of any person or entity.

8.2 Bellflower Content. The Services contain Content of Bellflower and its licensors (“Bellflower Content”). Bellflower and its licensors (including Website visitors and Account holders) own and retain all proprietary rights in the Bellflower Content and the Services. Except for Content that is owned by you, is in the public domain, that has been contributed to you by other Account holders, or for which you have been given written permission, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Bellflower Content. Bellflower hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the Bellflower Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

9. Your Content and Activity. You are solely responsible for any and all of Your Content that is posted by or through your Account on any Services, (including any of Your Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Website visitors or Account holders.

9.1 Prohibited Content. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Your Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or video or links to pirated music or video files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Website visitors or Account holders; (ix) except as expressly approved by Bellflower, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Bellflower.

9.2 Non-Commercial Use. The Services are for the personal use of Website visitors and Account holders only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by Bellflower’s management or in connection with Services expressly designated for commercial use. You shall not engage in advertising to, or solicitation of, any Website visitor or Account holder to buy or sell any products or services through any Services, except as expressly permitted in connection with the Services. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Your Content without notice and may result in suspension or termination of your Account.   

9.3 Account Holder Interaction. You shall not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any Website visitor or Account holder without their prior explicit consent.

9.4 Force Majeure.  Bellflower shall not be liable for any failure, error, delay or other condition or consequence under this Agreement or in connection with any order arising from or caused by events beyond Bellflower’s control, including without limitation, sabotage, threats of or acts of terrorism, failures or delays in transportation, equipment or communication, labor disputes, accidents, acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalization, government sanction, blockage, embargo, strike, lockout or interruption or failure of electricity, telephone or internet service.

9.6 Miscellaneous. You shall not attempt to impersonate another Website visitor, Account holder or person, including any employee of Bellflower. You agree to use the Services in a manner consistent with any and all applicable laws and regulations.

9.7 Enforcement. Bellflower has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Bellflower violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any Website visitor, Account holder or any other person, or creates liability for Bellflower, its suppliers, service providers, partner companies, or any Website visitor or Account holder. Bellflower reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your Account, reporting you to law enforcement authorities, and taking legal action against you.

10. Copyright Policy. It is Bellflower’s policy to terminate Account privileges of any Account holder who repeatedly infringes copyright upon prompt notification to Bellflower by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For notice of claims of copyright infringement, please send an email to info@bellflowerbooks.com with “Copyright” in the subject header.

11. Third Parties.

11.1 Third Party Content. Content from other Website visitors, Account holders, advertisers, and other third parties (“Third Party Content”) is made available to you through the Services. Because Bellflower does not control such Third Party Content, you agree that Bellflower is not responsible for any such Third Party Content, including advertising and information about third party products or services. Because Bellflower does not have control over such Third Party Content, Bellflower makes no guarantees about the accuracy, currency, suitability, or quality of such Third Party Content, and Bellflower assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third Party Content made available by other Website visitors, Account holders, advertisers, and third parties.

11.2 Responsibility. Your interactions with other Website visitors, Account holders or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Website visitor, Account holder, the advertiser, or third party. The foregoing also applies to any interaction between Account holders (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Account holders and to receive contributions from other Account holders to your own Books (please see also the next section). You agree that Bellflower will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other Website visitor’s or Account holder’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any Website visitor or Account holder), Bellflower is under no obligation to become involved; however, Bellflower reserves the right to monitor disputes between you and other Website visitors and Account holders.

11.3 Contribution. The Services allow you to contribute Book Content to the books of other Account holders and to receive such contributions for your own Books. Please be aware that only the Account holder who invites others to contribute Book Content (the “Author”) has control over if and how any Book Content that is contributed by such invited Account holders (“Contributor”) is used in connection with the Services and any Books that may be created using the Services. Bellflower only provides a platform for Authors and Contributors to contribute and receive Book Content for a Book project and it is solely up to the Authors and Contributors to agree on the use of such Book Content and the use, purchase, and distribution of any Book that may contain such Book Content. Be aware that Authors can allow their Contributors to order copies of the Book without obtaining the approval from each Contributor first.  BELLFLOWER IS NOT RESPONSIBLE FOR ANY CONFLICTS AMONG AUTHORS AND CONTRIBUTORS. Make your wishes known as an Author or Contributor before agreeing to participate in the Website and Services or providing Your Content and Other Content.

11.4 Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other Websites or locations may also be posted by other Website visitors and Account holders within the Bellflower community. Bellflower has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

12. Limited Warranty.

12.1 Limited Warranty for Books. Bellflower warrants that, subject to minor differences across products and printing partners as described in Bellflower’s Return Policy, Books will be free of any defects in materials and workmanship. Bellflower will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books which you report to Bellflower via info@bellflower.com write Order Support in subject header within fourteen (14) days of your receipt thereof.  Please review our Returns Policy for full details.

12.2 Exceptions to Warranty. Bellflower does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. Bellflower is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Website visitors, Account holders or by any of the equipment or programming associated with or utilized in the Services. Bellflower assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Website visitor or Account holder communication. Bellflower is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Website visitors, Account holders or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Bellflower be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Website visitors, Account holders, or any interactions between users of the Services, whether online or offline.

12.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) BELLFLOWER EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

13. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, BELLFLOWER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BELLFLOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BELLFLOWER’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO BELLFLOWER IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.

14. Release. You hereby release Bellflower, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Website visitors or Account holders.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “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.”

15. Indemnity. You agree to defend, indemnify, and hold Bellflower, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

16. Electronic communications. The communications between you and Bellflower use electronic means, whether you visit the Website or send Bellflower e-mails, or whether Bellflower posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Bellflower in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bellflower provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.

17. Governing Law. This Agreement and your use of the Services shall be governed and construed in accordance with the laws of the United States and the State of Illinois without regards to its principles of conflicts of law. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Cook, Illinois, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. Other. This Agreement is accepted upon your use of the Website or any of the Services or when you register to set up an Account. This Agreement constitutes the entire agreement between you and Bellflower regarding the use of the Services. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Bellflower to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement.