Membership Terms & Conditions
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- Acceptance of Terms
- BookBrowse LLC ('BookBrowse') provides its service to you subject to the
fullowing Terms of Service.
-
Description of Service
- BookBrowse provides users with a rich collection of book related information
(the 'Service') via its website at www.bookbrowse.com. Additional features, including
BookBrowse's online magazines are
available for an annual or quarterly membership fee (BookBrowse Membership).
- The Service, including BookBrowse Membership, will be provided only at www.bookbrowse.com.
- BookBrowse provides two email mailing lists: One is for BookBrowse Members to
notify them when new content is available at BookBrowse. The other is a free mailing
list providing occasional emails to those who opt-in to receive them at BookBrowse.
BookBrowse will make all reasonable efforts to deliver emails 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.
- 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.
- BookBrowse Membership Registration and Account Creation
- As part of the registration and membership creation process required to become a BookBrowse Member, you will select a member ID (login) and a password, and will
provide BookBrowse with certain registration information, all of which must be
accurate. If any of your registration information changes, you must update it by
visiting your 'My Account' page. You are solely responsible for all usage or
activity on your BookBrowse Membership account and are solely responsible for maintaining
the confidentiality of your password.
- Non-Transferability of Membership
- Your right to use this site is personal to you; you may not sub-license,
transfer, sell or assign this agreement to any third party without our approval
(this includes sharing your login information with anyone not listed as a registered user on your account). Any attempt to do so
may result in the cancellation of your account.
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Membership Payments, Renewals and Cancellations
- BookBrowse charges a fee for access to its membership features. Members agree
to pay all fees and charges, including applicable taxes (if any), incurred through your
account at the rates in effect for the billing period in which such fees and
charges are incurred.
- To become a member you must provide BookBrowse with valid credit card
information, or a valid check or money order (check/money order only available
for annual payments). By submitting such information, you give BookBrowse
permission to charge all fees incurred through your account to the credit card
you designate on the registration form. All fees are payable at the commencement
of the membership period.
- BookBrowse offers two membership options for individuals paying by credit card: A one-year membership
and a 3-month membership. Both these options automatically charge
your account at the end of each payment period. Annual members
will receive an email notifying them of the renewal at least two weeks before the renewal date; quarterly members renew
automatically without notification.
- Memberships paid by check and gift memberships do not renew automatically.
- BookBrowse also offers group memberships that allow organizations such as libraries to provide access to their patrons. This access is via a specially customized login page requiring the user to either be on a library computer or enter an ID number (usually their library card number). Only libraries that have an active subscription can provide access to their patrons, and only via a specially customized login page - never with a regular individual membership login and password.
- You may cancel your account at any time by visiting your 'My Account' page
and clicking "Cancel". If you cancel, you retain full access to BookBrowse's membership features until the end of your paid membership period but will not receive email reminders.
- BookBrowse reserves the right to change the amount of, or basis for
determining, any fees, and to institute new fees. By becoming a BookBrowse member you give permission to BookBrowse to automatically change your membership fee and
therefore your credit card charge. You will be notified of changes to the price at least 30 days
before any increase by email and via a message on your 'My Account' page.
- With some exceptions (which will be clearly posted prior to the commitment to purchase; see below) you
may request a full refund at anytime in the first 3 months from the date of
first enrollment by emailing BookBrowse with your login name. Refunds for those who have been members longer
than 3 months are at the discretion of BookBrowse and will be a maximum of the
portion of the membership unused at that point (e.g. if 6 months of a 12 month
membership had been used, the maximum refund woold be half of the annual
membership fee).
- Occasionally special offers and other promotions may prevent BookBrowse from offering the standard refund policy. In this case,
any exception to the refund policy (such as special limited time promotions, gift certificates) will be clearly posted prior to the commitment to purchase.
- Gift memberships are non-refundable.
- General exceptions to the refund policy (such as caused by special limited time promotions) are solely
at the discretion of BookBrowse, and will be clearly posted in the membership signup page.
- BookBrowse reserves the right to delete all personal information (such as 'My
Reading List') belonging to members who do not renew their membership within 3 months of it expiring.
- Letters to the Editor, Visitor Reviews & Forums Postings
- Any comments, materials, or letters emailed by you to BookBrowse, or posted in our forum, regarding
BookBrowse, including without limitation, questions, comments, suggestions,
criticisms or the like shall be deemed to be non-confidential and free of any
claims of proprietary or personal rights unless you explicitly state in the
correspondence that it is "not for publication" and contains "private
and proprietary" information that may not be distributed. BookBrowse shall have
no obligation of any kind with respect to such information and will be free to
reproduce, use, disclose, exhibit, display, transform, edit, abridge, create
derivative works from and/or distribute the information 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.
- Special Offers
- From time to time BookBrowse may offer limited-time incentives that new
members may opt to receive as part of their membership. These incentives may
include, but are not limited to books, magazine subscriptions, special discounts
and downloadable reports. The fullowing 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.
- Former BookBrowse Members who re-subscribe may not be eligible for the free gift if their
membership expired less than 90 days ago.
- If you cancel your BookBrowse Membership within the first 90 days of your membership,
your refund may be reduced by the amount of the special offer's retail and
shipping price.
- Sponsors, Third Parties and Advertisers
- Your correspondence or business dealings with, or participation in promotions
of, sponsors, third parties or advertisers found on or through BookBrowse,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such sponsor, third party or advertiser. You agree
that BookBrowse shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such sponsors, third parties or advertisers on BookBrowse
- Links
- BookBrowse may provide, or third parties may provide, links to other Internet
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, 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.
- Disclaimer of Warranties
- You expressly understand and agree that: Your use of BookBrowse 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.
- BookBrowse makes no warranty that
- the Service will meet your requirements.
- the Service will be uninterrupted, timely, secure or error-free.
- the information contained is accurate or reliable.
- the quality of any products, services, information or other materials
purchased or obtained through BookBrowse will meet your expectations.
- errors in the software will be corrected, including deletion of or failure to
store any user communications or personalization settings.
- its websites, emails, contents and servers are free of viruses or other
harmful components.
- Any material downloaded or otherwise obtained through the use of BookBrowse 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.
- No advice or information, whether oral or written, obtained by you from
BookBrowse shall create any warranty not expressly stated in the Agreement.
- BookBrowse may contain various combinations of text, images, audiovisual
productions, opinions, statements, facts, articles 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 the content is for your reference only and should not be relied upon
by you for any purpose.
- Information created by third parties that you may access at BookBrowse or
through links is not adopted or endorsed by BookBrowse and remains the
responsibility of the third parties.
- 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 the use or the inability to use
BookBrowse; the cost of procurement of goods and services resulting from
information supplied by or via BookBrowse; unauthorized access to, or alteration
of, your transmissions or data; statements or conduct of any third party.
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Trademark & Copyright Information
- All content at BookBrowse ('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 BookBrowse 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.
- Users are permitted to print out excerpts and reading guides for their
personal use, or for use within a small group setting such as a book club.
However, it is strictly prohibited to reprint, republish, repost, or otherwise
distribute or transmit any content or images presented on this site for any other
use. Downloading is easy, but just because you may be able to copy our content
does not mean you own it. Unauthorized use of, or copying, of copyrighted
material can subject you to civil or even criminal liability.
- BookBrowse.com is a trademark of BookBrowse LLC. All other trademarks
appearing at BookBrowse 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 an 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.
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Privacy
- BookBrowse will respect the privacy of personal information as provided for in
its privacy statement.
- Non-Waiver
- The failure of BookBrowse to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the agreement 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 the use of BookBrowse or the Terms of
Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
- 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.
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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.
-
Entire Agreement
- This Agreement and any other terms and conditions of service at www.bookbrowse.com constitute the entire agreement between you and BookBrowse
and govern your use of the Service.
- 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.
BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE ASSOCIATED PRIVACY POLICY AND AGREE TO BE BOUND BY THEM.
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