terms of service

1. Acceptance of terms

   Barefoot Books, Inc. ("Barefoot Books") welcomes you to its site. Barefoot Books provides its service to you, subject to the following User Terms of Service ("TOS") which may be updated by us from time to time without notice to you. By using this site, you agree to be bound by this TOS, and any additional term that may be posted for a specific Barefoot Books website.  In addition, when using particular Barefoot Books owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. If you do not agree to this TOS, do not use this site.

2. Description of service

   Barefoot Books the owner and operator of this web site (the "service") creates, markets and distribute sells premium art and stories for children aged 0 to 14 in the form of products, including books, puzzles, puppets and games, as well as other digital content including audio and video files and downloadable activities.  Barefoot Books also provides a platform for user-generated content through product reviews, forums, blog posts and community profiles.  As a user of the Service, you understand and agree that the Service may include certain communications from Barefoot Books, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Barefoot Books properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Barefoot Books assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. Barefoot Books is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 14 years of age to access and view the Service.

3. Barefoot Books privacy policy

   Personal and certain other information about you is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, as it may be changed from time to time. For more information, see our full Privacy Policy.

4. Electronic communications

   When you visit Barefoot Books or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Barefoot Books' proprietary rights

   You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Barefoot Books and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Barefoot Books, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, or such information in whole or in part.
   
   Barefoot Books grants you a personal, non-transferable and non-exclusive right and license to access and make reasonable use of the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Barefoot Books for use in accessing the Service.
   
   Barefoot Books, barefootbooks.com, and the Barefoot Books logo are trademarks and service marks of Barefoot Books and other Barefoot Books logos and product and service names are trademarks and service marks of Barefoot Books (collectively, the "Barefoot Books Marks").

6. Registration and membership

   In order to use certain aspects of the Service, you are required to register and establish an online account with Barefoot Books. We refer to registered users as members ("Members") and subject Members to the following specific terms:

   1. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Barefoot Books has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Barefoot Books has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
   2. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Barefoot Books of any unauthorized use of your password or account or any other breach of security. Barefoot Books cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
   3. By using the Service you acknowledge and agree that Barefoot Books has the right to use your name to provide the Service and consent to all uses of your name that occur during use of the Service.
   4. Barefoot Books does not claim ownership of Content you submit or make available for inclusion on the Service. If you send, post or otherwise provide Content on or to this site, it will be treated as non-confidential and non-proprietary.  By posting such Content, you represent that you own such Content.  While you retain ownership of such you grant Barefoot Books a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other Barefoot Books property. Barefoot Books reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by Barefoot Books.
   5. You agree that Barefoot Books may, under certain circumstances and without prior notice, immediately terminate your Barefoot Books account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your Barefoot Books account includes (a) removal of access to all offerings within the Service, (b) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Barefoot Books' sole discretion and that Barefoot Books shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.
   6. You agree that your Barefoot Books Member account is non-transferable and any rights to your Barefoot Books password, account information or Content within your Member account are not subject to the rights of demise or descent.

7. Appropriate conduct and member disputes

   Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms.

   1. Appropriate Conduct.
      You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:
      
      • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      • engage in personal attacks of any kind against any member of the Barefoot Books community or any other person or entity;
      • post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;
      • post any mature or “adult” Content;
      • post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post such Content;
      • post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
      • engage in inappropriate or excessive flagging or rating of Content;
      • download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
      • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
      • use or create inappropriate usernames;
      • restrict or inhibit any other user from using and enjoying the Service;
      • use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
      • remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
      • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
      • submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Barefoot Books;
      • create Member accounts (see Section 6) by automated means or under false or fraudulent pretenses;
      • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
      • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
      While Barefoot Books prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
   2. Member Disputes. You are solely responsible for your interactions with other Barefoot Books users. As a Member (as defined in Section 6), you are expected to tolerate viewpoints and perspectives with which you may not agree. Barefoot Books is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Barefoot Books reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in Barefoot Books’ sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate Content.

8. Content

   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted, anonymously posted, or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Barefoot Books, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Barefoot Books does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
   
   Content may be protected by copyright law and international conventions and is the property of its owner.  Any unauthorized use of the Content may violate appropriate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.  Certain Content published on this site may contain other restrictions, proprietary notices and/or copyright information relating to that specific Content, including but not limited to noticesthat limit or prohibit your ability to make copies of such Content.  Please review all additional notices before making any copies.
   
   You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Barefoot Books be liable in any way for any Content not originating with Barefoot Books, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service, even if such loss or damage is foreseeable or Barefoot Books has been apprised of same.
   
   You acknowledge that Barefoot Books may or may not pre-screen Content, but that Barefoot Books and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Barefoot Books and its designees shall have the right to remove any Content that violates the TOS or is otherwise, in Barefoot Books sole judgement, objectionable or inappropriate. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Barefoot Books or submitted to Barefoot Books.
   
   You acknowledge, consent and agree that Barefoot Books may access, preserve, and disclose your account information and Content, including but not limited to any Content you post anonymously, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Barefoot Books, its users and the public.

9. Risk of loss

   All items purchased from Barefoot Books are made pursuant to a shipment contract with a third party. All risk of loss and title for such items pass to you upon our delivery to the carrier.

10. Product descriptions

    Barefoot Books attempts to be as accurate as possible in identifying and describing its products and services. However, Barefoot Books does not warrant that product descriptions or other Content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barefoot Books itself is not as described, your sole remedy is to return it in unused, saleable condition.  The cost of shipping any returned product back to Barefoot Books will be paid by the customer.

11. General practices regarding use and storage

    You acknowledge that Barefoot Books may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Barefoot Books’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Barefoot Books has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Barefoot Books reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time, as determined by Barefoot Books in its sole judgment. You further acknowledge that Barefoot Books reserves the right to modify these general practices and limits from time to time.

12. Links

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Barefoot Books has no control over such sites and resources, you acknowledge and agree that Barefoot Books is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Barefoot Books shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.  Barefoot Books disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

13. Special admonitions for international use

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. Notice

    Barefoot Books may provide you with notices by email, regular mail, or postings on the Service.

15. Notice and procedure for making claims of copyright or intellectual property infringement

    Barefoot Books respects the intellectual property rights of others, and we require our users to do the same. Barefoot Books may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who are deemed or alleged to be infringing the copyright or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Barefoot Books with the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
       
       All notices should be sent to Barefoot Books at info@barefootbooks.com.

16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY THE LAW, BAREFOOT BOOKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
    2. BAREFOOT BOOKS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAREFOOT BOOKS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAREFOOT BOOKS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAREFOOT BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, MEMBERS, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO OR IN CONNECTION WITH THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.

19. Disputes

    Any dispute relating in any way to your visit to BarefootBooks.com or to products or services sold or distributed by Barefoot Books or through BarefootBooks.com shall be adjudicated in the state and federal court residing in Suffolk County in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

20. Miscellaneous

    Entire Agreement.
    The TOS constitutes the entire agreement between you and Barefoot Books with respect to its subject matter and governs your use of the Service, superseding any prior agreements between you and Barefoot Books with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use or purchase certain elements of the Service, or affiliate, or merchant, or third-party Content, or third-party software.
    
    Independent Contractors.
    Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
    
    Waiver and Severability of Terms.
    The failure of Barefoot Books to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent possible, and the other provisions of the TOS shall remain in full force and effect.
    
    Statute of Limitations.
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    
    Violations.
    Please report any violations of the TOS to Barefoot Books at info@BarefootBooks.com.