No Blush Novels

Terms and Conditions

Definitions

The terms “NBN” and “No Blush Novels” are used interchangeably on this agreement.

USER AGREEMENT

This Agreement contains the complete and entire understanding and agreement between you (User) and the No Blush Novels (NBN) website.

USER AGREES TO READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE ACCESSING OR USING THE CONTENT.

This Agreement supersedes any previous communications, representations, or agreements, verbal or written. This Agreement may not be modified or amended orally or in any manner not set forth in writing or permitted by this Agreement.

This User Agreement may be amended by No Blush Novels at any time and without notice, by amending this document as posted on our site. Any amendments will become effective immediately. No Blush Novels will send an email to advise User of the changes, but NBN is not responsible for any delay in receipt. Users agree to check this license Agreement and terms of use if they have any question regarding the Agreement.

By using this website or ordering any merchandise from NO BLUSH NOVELS, you acknowledge that you have read and understand these terms and conditions of use (“Terms of Use”) and agree to be bound by them, to the extent permitted by applicable law. Please review these Terms of Use to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from this website should that become available.

LICENSE GRANT

ALL CONTENT IS COPYRIGHTED AND LICENSED. THIS LICENSE IS NOT SOLD. YOU ARE NOT PERMITTED TO USE THE NO BLUSH NOVELS LOGO, CONTENT LABELS, CONTENT RATINGS, OR OTHER MATERIALS IN ANY WAY EXCEPT AS AUTHORIZED IN THIS AGREEMENT.

Your use of this website is under a limited license to access and make personal use of this website. This license does not include the right to download (except for page caching), modify, reproduce, or resell any part of the website’s content; use any robot, spider, data miner, or other means to extract and gather data from the website; or otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain NO BLUSH NOVELS express written consent.

No Blush Novels hereby grants to User a non-exclusive, nontransferable license to use the content only as authorized in this License Agreement. User agrees to accept this license and use the site only according to this Agreement.

USER ATTESTS AND CERTIFIES

If User is an author or publisher, User attests that User holds all the rights necessary to pictures, book covers, MOBI and EPUB files, and other content they upload to the NBN website, or have obtained permission from publishers or other entities to use the copyrighted materials in the NBN website.

LICENSOR’S RIGHTS

User acknowledges that MOBI, EPUB, or any other files NBN might make available are the property of the copyright holder and are made available to User for User’s personal use only. These books are protected under the copyright and patent law. User further acknowledges and agrees that all rights, titles, and interest in and to the books, whether in MOBI, EPUB, or any other format NBN might make available, including associated intellectual property rights, are and shall remain with the copyright holder.

User acknowledges and agrees that all other content is a proprietary product of No Blush Novels. User further acknowledges and agrees that all rights, titles, and interest in and to the content, including associated intellectual property rights, are and shall remain with No Blush Novels. All Blush Ratings images are the property of NBN and User may not use them except as put forth below.

Termination of Usage

NO BLUSH NOVELS may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this website, including any account hereon, without notice, for any reason in NO BLUSH NOVELS sole discretion, including, without limitation, violation of the Terms of Use or NO BLUSH NOVELS belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, NO BLUSH NOVELS or another user.

Product Descriptions

NO BLUSH NOVELS attempts to make its product descriptions as accurate as possible. However, NO BLUSH NOVELS does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current.

Your Account

If you register an account with NO BLUSH NOVELS on this website, you are responsible for maintaining the confidentiality of your user name and password. You agree to accept full responsibility for all activities that take place under your account or password.

Privacy

Please review the NO BLUSH NOVELS privacy notice to develop an understanding of NO BLUSH NOVELS practices with respect to this important issue. NO BLUSH NOVELS privacy notice is part of these Terms of Use and its provisions are incorporated herein by this reference. This website is hosted and operated in the United States, and is not intended to target EU and other non-U.S. residents. If you are accessing this site from outside the United States, use and disclosure laws will generally differ considerably from U.S. laws and requirements. By using this site, you agree and consent to use of your information under these Terms of Use and NO BLUSH NOVELS privacy notice.

Children's Online Privacy Protection Act ("COPPA") Notification

This website is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, NO BLUSH NOVELS hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website: www.eff.org.

Trademarks

Graphics, logos, service marks, trademarks, and trade dress of NO BLUSH NOVELS and its licensors may not be used without prior written consent of NO BLUSH NOVELS or its licensor, as the case may be. Without limiting the foregoing, no NO BLUSH NOVELS icons or logos may be used in connection with any product or service that is not NO BLUSH NOVELS, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits NO BLUSH NOVELS.

Copyright and Other Proprietary Rights

All proprietary content and materials on this website, including, without limitation, this website’s layout, organization, and design, are protected by copyrights, etc. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

Digital Millennium Copyright Act

If you have reason to believe that material on this website infringes your copyright, please send a notice by mail or email to NO BLUSH NOVELS requesting that the infringing material be removed. The notice must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the website.
  3. Identification of the allegedly infringing material and where the material is located on the website.
  4. Your contact information, including your name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Notices for copyright claims should be sent to NO BLUSH NOVELS at

[email protected]

Upon receiving such a notice, NO BLUSH NOVELS will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512).

Third-Party Sites

This website may contain links to other unrelated websites on the Internet. NO BLUSH NOVELS is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. NO BLUSH NOVELS makes no representations or warranties regarding the security of any information you make available to such websites. NO BLUSH NOVELS is not liable for any loss or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY NO BLUSH NOVELS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PARAGRAPH BELOW, NO BLUSH NOVELS WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT, OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. NO BLUSH NOVELS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT NO BLUSH NOVELS LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NO BLUSH NOVELS OWN NEGLIGENCE OR FOR ANY DAMAGES CAUSED BY NO BLUSH NOVELS FAILURE TO ADHERE TO COMMERCIALLY REASONABLE MEASURES TO PROTECT YOUR ONLINE SECURITY AND PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY.

Risk of Loss

The risk of loss and title for all items purchased from this website passes to you upon delivery of the item to the carrier.

Arbitration of Disputes

Any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from NO BLUSH NOVELS will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law Alternatively, at NO BLUSH NOVELS sole discretion, a claim may be adjudicated in the state or federal courts located in Harrison County, Texas. By using this website, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in Harrison County, Texas. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE CONDUCT OF THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES AND AGREES THAT ALL SUCH DISPUTES SHALL BE DECIDED BY AN ARBITRATOR.

Severability

If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Notices

You consent to receive electronic communications from us via email or posting on this website and acknowledge that such communications satisfy any legal requirement that the communications be made in writing.

COMMUNITY RATINGS, LABELS, AND ICONS (No Blush Novels or NBN)

Submitting a book to NBN for promotional purposes, by an Author, constitutes agreement for a permanent listing on No Blush Novels.

If User is an author or publisher whose book(s) has a blush rating on NBN, even if User is the person who has rated it, User may use the NBN blush rating on websites and book covers free of charge. User may also use the Blush Labels and icons (Pale Porcelain, Perfectly Peachy, Precociously Pink) only if they attribute or recognize No Blush Novels as the source of the rating.

If User is a reader, User may download and use the NBN rating system icons free of charge to show the NBN rating on the books they review or post about.

Groups of authors joining to promote their books may use the Content Labels (Pale Porcelain, Perfectly Peachy, Precociously Pink) and/or NBN Blush Icons on their websites and social media free of charge as long as they also provide a mention of NBN, and a link to the NBN website.

If User is a publisher or blogger posting content ratings on multiple books by different authors, User may also use the NBN ratings free of charge as long as User provides links to NoBlushNovels.com to credit NBN for the Content Rating System. This is usually done in the section where User describes how and/or why they rate books. However, it is not necessary to link each icon to our site. If these publishers and bloggers post only the Content Labels and not the NBN Icons, they must post “NoBlushNovels.com” in parenthesis after each one.

Example: Perfectly Peachy (NoBlushNovels.com).

An Author agrees to first rate and submit for listing on No Blush Novels any book that the Author intends on using an NBN Community Icon or label for. Each book will be given a permanent listing on our site free of charge.

ANY SITE THAT IS PRIMARILY A BOOK PROMOTION SITE, WHETHER THEIR SERVICE IS FREE OR PAID, MAY NOT UTILIZE NBN BLUSH RATINGS TO POST ON THEIR WEBSITE, SOCIAL MEDIA, OR IN EMAILS TO THEIR SUBSCRIBERS WITHOUT EXPLICIT WRITTEN PERMISSION.

NBN BLUSH RATINGS (Official Ratings by the NBN team)

Use of the NBN Blush Ratings is prohibited by anyone except on books or websites reviewing books whose authors or publishers have obtained those ratings directly from NBN. NBN has a strict protocol for rating books that requires more in-depth review by independent reviewers. The Official Blush Rating obtained from NBN may be posted with NBN Rated Books on publisher ads, publisher and author websites, book covers and jackets, book descriptions, and used with ads and interviews about the book. All unauthorized use of the Official Ratings is prohibited by law and will be prosecuted.

NO WARRANTY OR GUARANTEE

No Blush Novels website content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. User acknowledges that No Blush Novels, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date.

The content is licensed “as is” and No Blush Novels disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.

Although NBN will do its best to make sure that listings are correct, No Blush Novels is not responsible for incorrect categories, genres, or ratings. There is also no required amount of emails that NBN must send in any period of time.

NBN is not responsible for finding a predetermined amount of readers for any advertised book. User agrees that creating good content, great covers, good descriptions, and placing books in the correct genre and rating is what will ultimately sell their books.

NBN does not promise to find a predetermined amount of users to rate each book. Neither is NBN responsible for erroneous content rating given books by the Community. If there is an issue, an official rating may be assigned to the book.

NBN is not responsible for User’s or anyone else’s public comments on NBN. NBN reserves the right to remove users and comments they determine are abusive

NBN is not responsible for any increase or lack of sales due to NBN Community or Official Ratings.

NBN is not responsible for any content added to an author’s book after an Official NBN Rating was assigned. In such instances, however, NBN may take a new look at that book, which may result in changing or revoking the NBN Community or Official Rating

NBN is not responsible for ensuring that emailed links are still valid or that MOBI or EPUB files uploaded by authors are correct and complete, though NBN will do everything in its power to correct any such errors.

The individual book content may link to other locations via the Internet (for example, a book page on Amazon), and there is no endorsement, guarantee, or warranty made or implied with respect to the content and information available at any other site. No Blush Novels does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site or have any liability for anything on someone else’s website.

LIMITATION OF LIABILITY

In no event shall No Blush Novels be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if NBN has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you

AFFILIATE LINKS

No Blush Novels uses affiliate tags in product purchase links and will receive a small fee from those external sites if products are purchased there. These monies in no way come from the User or affect the User’s downloads.

These affiliate advertising programs are designed to provide a means for sites to earn advertising fees by advertising and linking to their respective websites, and are often managed by third-party companies. For example, Kobo’s affiliate program is managed by Rakuten Marketing.

USE OF THE WEBSITE BY MINORS

All subscribers must be 16 or older or have the consent of a parent or guardian. No Blush Novels does not market toward children under 14. If NBN suspects User is underage and using the site without parental consent, the account will be terminated.

PROHIBITED ACTS

No copies or portions of this website are authorized by any User. No copies may be produced by User or any person User employs or associates with. User will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share User’s rights under this License Agreement, including passwords and user names. User further agrees not to disassemble, decompile, convert to another programming language, or otherwise translate the content, and that User will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). User agrees not to alter, publish, copy, cut, modify, or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. User will be held legally responsible for any trademark or copyright or patent infringement that is caused or encouraged by User’s failure to abide by the terms of this License Agreement.

Ebook files cannot be distributed to others by any means. User agrees to not give away copies to the ebooks, post them on file sharing websites, or to distribute them to others by any means.

No Blush Novels will actively cooperate with law enforcement in investigating all incidents involving plagiarism, fraud, and piracy.

No Blush Novels will actively cooperate with law enforcement in investigating all incidents involving unauthorized use of Community or Official NBN Ratings as set forth above.

No Blush Novels reserves the right to deny access to any person or to terminate this license for any reason if NBN reasonably believes content is not being used for its intended purpose, or for any other reason in the sole discretion of NBN. This includes placing books in the wrong categories or purposely giving books the wrong ratings.

 

GOVERNING LAW

User expressly agrees that this License Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, and that any claim or action shall only be filed in the state or federal courts sitting in Harrison County, Texas, and you agree and expressly consent to the exercise of exclusive personal jurisdiction in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.