TERMS AND CONDITIONS

BookBub (“Company”, “we”, or “us”) operates the website at https://www.bookbub.com (the “Site”) and provides the functionalities and services enabled via the Site (the “Services”). Your use of the Site and Services is governed by the following terms and conditions (the “Terms”)

PLEASE READ THE TERMS CAREFULLY. BY ACCESSING, BROWSING OR USING THE SITE, USING THE SERVICES, AND/OR COMPLETING THE COMPANY’S REGISTRATION PROCESS, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, (ii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (iii) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. NOTE THAT YOU MAY NOT USE THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.

I. ACCESS TO OUR ONLINE SERVICES AND TOOLS

A. Accounts

In order to use certain features of the Site or Service, you will need to create an account with us (“Account”), and provide certain information about yourself as prompted by the Site’s registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with Section V. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B. Use and Restrictions

You are permitted to use the Site and Service for your personal, non-commercial purposes as provided in these Terms, under the following conditions: you may not: (i) resell or sublicense access to the Service to any third-party;(ii) modify or create any derivative product based on the Site or the Service; (iii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and/or Service is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code; (iv) use the Services or the Site to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (v) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (vi) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. Notwithstanding the foregoing, decompiling any portion of the Site and Services is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the Site and Services interoperable with other software; provided, however, that you must first request such information from the Company and the Company may, in its discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on such use of the source code of such Site and Services to ensure that the Company’s (and its suppliers’) proprietary rights in such source code are protected.

C. Third-Party Offerings

Our Site may contain links to third party websites, content, services and products (“Third-Party Offerings”). For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. When you click on a link to a Third-Party Offering, you will leave our Site and go to another site or another entity that may collect personal information from you. We have no control over, do not review and cannot be responsible for any Third Party Offerings, including any terms and conditions required by the provider(s) of such offerings.

Furthermore, you acknowledge that our Site may list certain offers, deals, and other incentives (such as listings for free and discounted digital books) on behalf of Third Party Offerings. You acknowledge we do not have any control over and do not review such offers, deals and incentives, and we do not guarantee that any Third-Party offer, deal or incentive we publish will be available from the provider of the Third Party Offering by the time you try to take advantage of that offer. We encourage you to read the terms of all offers, deals and incentives. The links to Third Party Offerings are for your convenience and do not signify our endorsement of such Third Party Offerings.

D. Ownership

As between you and us, we and/or suppliers retain all right, title and interest in and to the Site and the Services, and all text, content, documents, names, logos, trademarks, service marks, brand identities, graphics, designs, copyrights, trade dress and other intellectual property appearing in and used to operate the Site and Services, including the organization, compilation, look and feel, illustrations, artwork, software and other works on the Site and Services (“Content”). All Content is protected under copyright, trademark and other intellectual property and proprietary rights laws.

Your feedback is welcome and encouraged. While we appreciate your interest, we suggest that you do not submit any ideas to us, and we request that you never submit an idea or information that you consider to be confidential and/or proprietary. If you choose to submit any ideas or information, except with respect to information governed by our Privacy Policy, you agree to and hereby grant to us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all comments, suggestions, ideas, notes, or other feedback submitted by you the Company.

II. DISCLAIMERS

THE SERVICE AND THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

III. Limitation Of Liability

USE OF OUR SERVICE AND THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED DOLLAR (U.S. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE SERVICE TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU WITHOUT THIS LIMITATION.

IV. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

V. TERM AND TERMINATION

These Terms will become effective and binding when you accept these Terms in accordance with the preamble above. You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to suspend and/or terminate your access to the Site, your Account and the Service at any time without notice. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, YOUR ACCOUNT OF THE SERVICE. Any limitations on liability that favor the Company will survive the termination of these Terms.

IV. MISCELLANEOUS MATTERS

A. Privacy

We may collect certain information about you through our Site and Services. For additional information, please read our Privacy Policy for more information. If you do not agree with our privacy practices, please do not use the Site or Services.

B. Copyrights

The Company is committed to respecting and protecting the legal rights of copyright owners. As such, the Company adheres to the following notice and takedown policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to the Company’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The Company’s Copyright Agent to receive DMCA Takedown Notices is: email: dmca@bookbub.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that for the Company to be authorized to take down any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

C. Modifications to Terms

We may change these Terms from time to time. When changes are made, the Company will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the bottom of the Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an email to you at the last email address you provided pursuant to the Terms. Any changes to the Terms will become effective when posted on the Site for new users of the Site, and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Otherwise your continued use of the Site and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

D. Modifications to Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

E. International Users

The Site and Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that the Company intends to announce such Services or Content in your country. The Site and Services are controlled and offered by the Company from its facilities in the United States of America. Those who access or use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

F. Waiver

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

G. Severability

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

H. Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

I. Entire Agreement

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

J. Governing Law

You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Massachusetts. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.

Last Updated: January 14, 2015