Terms of Use

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Last Updated: August 1, 2025

1.) Overview & Acceptance

These Terms of Use (“Terms”) are a contract between Midland Prairie Enterprises, LLC (“Midland Prairie,” “we,” “us,” or “our”) and you (“you,” “User”). They govern your use of our websites, storefronts, and accounts (collectively, the “Site”); all related services and purchases (collectively, the “Service”); and any download of our digital assets (the “Digital File”). By accessing our Site, using our Service, or downloading our Digital File, you agree to be bound by these Terms.

Plain-language snapshot:  We sell two types of Digital File: (1.) editions of public domain works and, (2.) our original works. With regard to our editions of public domain works, we do not claim copyright to the underlying public domain content; however, we do own the protected elements of our editions, which include: cover art; interior design (e.g., typography, layout); editorial enhancements (e.g., preface, introduction, foreword, afterword, annotations, footnotes); supplemental historical materials; commissioned translations; file structure; accessibility tagging; associated metadata; and our branding (e.g., logo, trademark, service mark). You may quote public domain text freely, but do not redistribute our Digital File(s) or reuse our Edition Materials without permission. When you buy our Digital File(s), you receive a personal license—please do not repost the file, strip Digital Rights Management (DRM), or re-sell our Digital File(s).

2.) Key Definitions

• Public Domain Work: A literary text in the public domain (e.g., where copyright has expired).
• Exclusive Work: Any original work we publish that is protected by copyright.
• Edition Materials: All protected elements we add to or package with a public domain work, including: cover art; interior design (e.g., typography, layout); editorial enhancements (e.g., preface, introduction, foreword, afterword, annotations, footnotes); supplemental historical materials; commissioned translations; file structure; accessibility tagging; associated metadata; and our branding (e.g., logo, trademark, service mark).
• Digital File(s): Downloadable files we provide (e.g., EPUB, PDF, MP3, DOCX, XLSX, etc.).
• Personal Use: Your private, non-commercial reading across your own devices.

3.) Public Domain Status & Our Intellectual Property (IP)

1. Public Domain Works: We claim no copyright in the underlying text of a public domain work (17 U.S.C. § 102; Berne Convention Art. 2).
2. Edition Materials: Edition Materials and the Services are protected by U.S. and international copyright, trademark, and unfair-competition laws.
3. Exclusive Works: Exclusive Digital Files are fully protected by copyright.
4. Territorial Differences: Public domain status varies by country. If you are outside the U.S., you must verify local status before reuse or distribution.

4.) License to Digital Files

1. License Grant: Upon purchase, we grant you a limited, non-exclusive, non-transferable, revocable license to download, store, and read the Digital File for personal use.
2. Backups: You may keep reasonable personal backups and read on multiple devices you own; account sharing is prohibited.
3. Educator/Library Uses: Classroom handouts, course packs, or library lending require a license—see our User Permissions page, Section 7: “Educator & Library License Addendum” for more detail.
4. Restrictions (unless law or written consent allows):
   • Do not resell, rent, sublicense, or publicly distribute the file.
   • Do not upload it to any public or private file-sharing service.
   • Do not extract or reuse Edition Materials.
   • Do not remove copyright notices or metadata.
   • Do not bypass or remove DRM or other technical protections (17 U.S.C. § 1201).

5.) Excerpts, Citations, & Permissions

1. Public Domain Text: Freely quote or republish.
2. Edition Materials & Exclusive Digital Files: Quotation, reproduction, or adaptation requires either (a) fair-use qualification or (b) written permission (permissions@midlandprairie.com) or see our User Permissions page for more detail.
3. Suggested Attribution: Author, Title (Midland Prairie ed., 2025), URL (accessed [date]).
4. Branding: Midland Prairie names, logos, and trade dress are protected (15 U.S.C. §§ 1114-1125). Do not use them without permission.

6.) Acceptable Use

You agree not to: (a) scrape, spider, or bulk-download files/metadata; (b) bypass rate limits or technical controls; (c) interfere with Site operation or security; (d) infringe third-party rights; (e) impersonate or misrepresent; or (f) upload or transmit unlawful or malicious content. We may suspend/terminate for violations.

7.) E-Commerce Terms for Digital Goods

1. Pricing & Taxes: Prices may change. We collect applicable sales/VAT/GST taxes.
2. Delivery: Files are delivered to your account or via secure link. Keep your credentials confidential.
3. Technical Requirements: You are responsible for suitable devices and reading apps.
4. Returns & Refunds (U.S.): Digital sales are final. If a download or link is defective, email support@midlandprairie.com within 14 days for replacement. See our Returns & Refunds page for more information.
5. EU/UK Statutory Rights: EU Directive (EU) 2019/770 and the UK Consumer Rights Act 2015 give consumers the right to conformity, repair, replacement, or refund for faulty digital content. These mandatory rights apply regardless of other terms. By requesting immediate download, you acknowledge the 14-day withdrawal period ends once download begins, as permitted by Art. 16(m) of Directive 2011/83/EU.
6. Other Jurisdictions: Non-waivable consumer rights in your locale remain in force.

8.) Governing Law & Dispute Resolution

These Terms are governed by Minnesota law and U.S. federal law, without regard to conflict-of-laws rules. Any dispute not resolved informally will be submitted to the state or federal courts located in Hennepin County, Minnesota, and you consent to personal jurisdiction there.

9.) User Indemnity

You agree to indemnify, defend, and hold harmless Midland Prairie Enterprises, its affiliates, officers, directors, and employees from any claim, demand, or loss (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

10.) Export Compliance

You may not use or export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list or U.S. Department of Commerce Denied Persons List.

11.) Accounts & Security

Maintain accurate account information and safeguard your credentials. You are responsible for activity under your account. Notify us promptly of unauthorized access.

12.) Feedback & Submissions

If you send ideas or feedback, you grant us a worldwide, royalty-free, perpetual license to use them without obligation, unless otherwise agreed in writing.

13.) DMCA Policy (U.S. 17 U.S.C. §512)

If you believe content on our Site infringes your copyright, send a Takedown Notice to our DMCA Agent with: (a) your contact info; (b) identification of the copyrighted work; (c) the allegedly infringing material and location; (d) a good-faith statement; (e) a statement under penalty of perjury of accuracy/authority; and (f) your signature. Email DMCA@midlandprairie.com, subject line “DMCA Notice,” or see our DMCA Compliance page for more detail.

14.) Third-Party Links & Open-Source

We are not responsible for third-party sites or services linked within our content. Some components incorporate open-source software; your use of those components is subject to their respective licenses. We disclaim any warranties imposed by those licenses beyond what the original licensor provides.

15.) File Integrity & Accessibility

We use commercially reasonable efforts to deliver eBook, audio, and Microsoft Office template files that are standards-compliant, interoperable, and accessible. Where digital rights management (DRM) is applied, we will not use DRM in a manner that unreasonably impairs lawful accessibility features or screen-reader use; if issues arise, we will work with you to enable accessibility consistent with our licensing terms. See our Product Standards page for more detail. You can also contact us at support@midlandprairie.com with the subject line “File Integrity & Accessibility” and include the title, purchase date, device/app, and a brief description of the issue.

16.) Warranties & Disclaimers

The Site, Services, and all Digital Files are provided “as is” and “as available.” To the fullest extent allowed by law we disclaim all warranties—express, implied, statutory, or otherwise—including merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

17.) Limitation of Liability

To the maximum extent permitted, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Our aggregate liability for any claim arising out of the Services will not exceed (a) the amount you paid us for the Digital Book(s) involved in the preceding 12 months or (b) USD $50—whichever is greater. Some jurisdictions do not allow certain limitations; they apply only as permitted by law.

18.) Changes to These Terms

We may modify these Terms. For material changes, we will post the revised Terms and provide at least 14 days’ advance notice (banner, email, or in-account message). If you continue using the Services after the effective date, you accept the changes. If the change materially harms you, you may close your account before the effective date.

19.) Termination

We may suspend or terminate your access for breach or suspected abuse. You may stop using the Services at any time. Sections that by nature survive (e.g., IP, license restrictions, feedback, indemnity, disclaimers, limitations, governing law) will survive termination.

20.) Miscellaneous

• Entire Agreement: These Terms—plus any addenda, corresponding forms, or feature-specific terms—comprise the entire agreement between you and us. Check our “Governance” drop-down menu for more information.
• Severability: If any part of our Terms is unenforceable, the remainder stays in effect.
• No Waiver: Our failure to enforce any provision is not a waiver of future enforcement.
• Assignment: You may not assign your rights without our written consent; we may assign as part of a merger, acquisition, or asset sale.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Headings: Headings are for convenience only and have no legal effect.
• Notices: We may send notices via email, in-product message, or posting on our site.