BookBrowse General Information Pages

Terms of Service

1. ACCEPTANCE OF TERMS

BooBrowse.com (BookBrowse) provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.bookbrowse.com/information/index.cfm/fuseaction/terms. Your use of the Site constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").


2. DESCRIPTION OF SERVICE

  • BookBrowse provides users with a rich collection of book related information (the 'Service') via its website at www.bookbrowse.com and associated properties. Additional features, including BookBrowse's online magazines (approx 40 issues/year) are available for an annual or quarterly membership fee (Membership).

  • The Service, including BookBrowse Membership, will be provided only at www.bookbrowse.com.

  • Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BookBrowse properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that BookBrowse assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings.

  • Elements of the service are delivered by electronic mail and other electronic information feeds. BookBrowse will make reasonable efforts to deliver such information to individuals but is not responsible for the successful delivery of these messages.

  • You are responsible for obtaining access to BookBrowse and understand that such access may involve the payment of fees to third parties such as Internet service providers, and that you are responsible for these fees.

  • You agree not to copy anything from this site for publication elsewhere unless you have been given specific written permission by the copyright holder.

3. MODIFICATION TO SERVICE

  • BookBrowse reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BookBrowse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • BookBrowse may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use BookBrowse after the notice is posted, you are indicating your acceptance of those changes.

5. FEES AND PAYMENTS

In order to use designated portions of the Service you will be required become a member. Becoming member requires registration and the payment of annual or quarterly fees. Information on Membership can be found here.


6. LINKS

BookBrowse may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BookBrowse has no control over such sites and resources, you acknowledge and agree that BookBrowse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BookBrowse 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 site or resource.


7. SPECIAL OFFERS

  1. Membership Incentives.
    From time to time Bookbrowse may offer limited-time incentives that members may opt to receive as part of their membership. These incentives may include, but are not limited to books, magazine subscriptions, music CDs, software, special discounts and various services. The following general restrictions apply to these incentives:

    • Cost considerations dictate that shipping may be restricted to addresses within the United States.
    • Current subscribers to magazines and other services that we offer as incentives may not be eligible for these offers.
    • If you have opted into a membership offer and cancel your Premium membership within the first 30 days of your membership and request a refund, your refund will be reduced by the amount of the special offer's retail and shipping price.


  2. Competitions and Book Giveaways.
    From time to time Bookbrowse may offer limited-time competitions and free book giveaways. These incentives may include, but are not limited to books, magazine subscriptions, CDs, and special discounts and various services. Restrictions governing these can be found at http://www.bookbrowse.com/rules/


8. READER REVIEWS OR OTHER SUCH COMMENTS OR MATERIALS:

You agree that any reader reviews will become the property of BookBrowse. Once you submit a review, BookBrowse reserves the right to:

  • Delete the review at its discretion.
  • Publish or not publish such review, at its discretion, on its Website www.bookbrowse.com
  • Retain review on its Website for perpetuity or until such time as it deems your review no longer relevant to include on its Website.
  • Utilize your review as it deems appropriate but in no event will your review be sold to any third party.

Any comments, materials, or information sent by you to BookBrowse regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. BookBrowse shall have no obligation of any kind with respect to such Received Materials and BookBrowse will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, BookBrowse is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to BookBrowse for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.


9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOOKBROWSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. BOOKBROWSE 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, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKBROWSE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY BOOKBROWSE OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY BOOKBROWSE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.


10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOKBROWSE SHALL NOT BE LIABLE 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 BOOKBROWSE 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 ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


11. 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 MAY NOT APPLY TO YOU.


12. TRADEMARK AND INTELLECTUAL PROPERTY INFORMATION

All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by BookBrowse or by other parties that have licensed their material to BookBrowse. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited. BookBrowse Membership Services, BookBrowse.com, BookBrowse ezine, BookBrowse widgets and other BookBrowse.com logos and product and service names are trademarks of BookBrowse.com. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that BookBrowse is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. BookBrowse will enforce its intellectual property rights to the fullest extent of the law. If you are a copyright owner or an agent thereof and you believe that any content on one of BookBrowse's sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") By following the directions on our DMCA page.


13. NON-WAIVER

The failure of BookBrowse to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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, and the other provisions of the Terms of Service remain in full force and effect. 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 Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.


14. HEADINGS FOR CONVENIENCE ONLY

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.


15. VIOLATIONS

Please report any violations of the Terms of Service to: abuse@BookBrowse.com


16 . INDEMNIFICATION

You agree to indemnify, defend and hold BookBrowse harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.


17. PRIVACY

You can read BookBrowse's privacy statement here.


18. RESTRICTIONS ON USE

You may not use BookBrowse or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use BookBrowse solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.


19. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.


20. ENTIRE AGREEMENT

This Agreement and any other terms and conditions of service on http://www.BookBrowse.com constitute the entire agreement between you and BookBrowse and govern your use of the Service.


21. REFUSAL OR DISCONTINUANCE OF SERVICE

BookBrowse reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.


22. CHOICE OF LAW AND FORUM

This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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