2. Restrictions on Use.
3. Disclaimer of Warranty; Limitation of Liability.
5. Indemnification. You agree to defend, indemnify and hold harmless Fictionwise and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
6. Trademarks. Fictionwise, Fictionwise.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Fictionwise. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
7. Third Party Content. Fictionwise has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Fictionwise. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Fictionwise neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Fictionwise employee spokespersons while acting in their official capacities.
8. Micropay Accounts. If a Fictionwise Member decides to close his or her Fictionwise Account and not buy from Fictionwise in the future, then he or she may request a refund of remaining deposited monies in their Micropay account by sending email to [email protected] Fictionwise will refund the money within 60 days.
Note 1: registered members who win Micropay dollars as part of a Fictionwise prize program cannot redeem such winnings for cash.
Note 2: Micropay dollars added to a members Mircopay account through the Fictionwise "Recommend a Friend" program cannot be redeemed or refunded for cash. This rule is in place to discourage "spamming" in this program.
Note 3: Micropay dollars added via the Fictionwise Rebate Program (also called Rapid Rebate) cannot be redeemed or refunded in cash.
Note 4: Micropay Rebate dollars expire after six months of account inactivity.
9. Ebooks. After purchasing any downloadable eBook or product from Fictionwise.com, it is the Fictionwise Member's responsibility to download the eBook or product within 1 hour of purchase. If you believe an error has been made in the purchase, please do not download the eBook (you must contact us explaining the error at [email protected]). Once you download the eBook, then it is impossible for us to refund you for it. Please note: Because of the constantly evolving nature of the eBook industry and eBook formats, we do not guarantee that eBooks you purchase from Fictionwise will always be available in the formats that we "currently" support. That is why it is important that you download the eBook in the format of your choice immediately after purchasing.
Fictionwise, however, will make efforts to keep the product listed and available for download in the Fictionwise member's "Bookshelf" for one week, and longer when possible -- but this is not guaranteed.
YOU EXPRESSLY AGREE that Fictionwise has the right to put a temporary hold on any account while it validates credit card or Micropay purchases and/or reviews such transactions for potential fraud. While an account is on hold, downloading eBooks is not allowed. Once the purchase is validated, the hold will be removed and downloading will be possible. Or, if the transaction is fraudulent, then the account will be frozen and other actions will be taken
Important Notice: eBooks cannot be printed, copied, or "loaned" to others due to copyright laws.
Important Notice: Once an eBook is downloaded, it cannot be refunded or exchanged for another eBook for for a different format of the same eBook.
All eBooks at Fictionwise.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these product(s) is intended for the Fictionwise Member's personal and noncommercial use. Any other use of eBooks downloaded from Fictionwise.com is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these product(s), in whole or in part. By downloading Fictionwise eBooks, the User hereby acknowledges and agrees to these terms.
10. "Recommend a Friend" Program. This program is being released as a Beta Test at this time. Testing of the program will continue and errors may occur during this testing period. Fictionwise will attempt to fix errors as quickly as possible, but in some cases that may not be possible during this beta period. The program works like this:
-- In the "bookshelf" area, Fictionwise members (which we will call the "recommender" in this example) will have the option to email a "friend" to recommend an eBook. -- The email generated for this purpose will automatically create a 10% discounted coupon that can be used by the "friend" to purchase the specific eBook that is being recommended. -- If the "friend" uses the coupon, then the recommender will receive 10% of the "friend's" total eBook purchase resulting from the coupon. This amount will be put into the recommender's Micropay Account. Note: any Micropay dollars generated through Fictionwise's Recommend a Friend program can only be used by the recommender for future Fictionwise eBook purchases. It CANNOT be refunded or redeemed by the recommender for cash. -- SPECIAL NOTE: This program has been requested by our Fictionwise members. Its intent is to allow members to recommend eBooks to their friends. In no case should this program be used to SPAM people or to send unwanted email or to send a recommendation to a mailing list. Fictionwise has put safe guards in place to reduce the possibility of SPAM. For example, the Coupon that is created can only be used ONCE. Therefore there is no benefit to send the Coupon code to multiple people. Also, our program allows our users to only send one recommendation out at a time (e.g., multiple email addresses cannot be put into the "TO" field of the email form). If Fictionwise discovers that members are using the program to somehow spam people, then that member may be suspended from Fictionwise.