1. Your Acceptance
PLEASE READ THESE bookbulb TERMS & CONDITIONS OF USE ("TERMS" or "AGREEMENT") CAREFULLY BEFORE USING THIS WEB SITE ("WEBSITE"). bookbulb, INC. AND ITS AFFILIATES (COLLECTIVELY, "bookbulb") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, "YOU" or "USER"), SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER. IN ADDITION TO THESE TERMS, BY USING OR VIEWING THIS WEBSITE, YOU HEREBY SIGNIFY YOUR ASSENT TO THE TERMS AND CONDITIONS OF bookbulb'S PRIVACY NOTICE AND CODE OF CONDUCT, THEN CURRENT, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
On this Website, bookbulb, You and any other user may make available a wide range of: (a) information, software, products, downloads, documents, communications, files, text, photographs, graphics, music, video, messages, tools, and publications or relating to the bookbulb site or any service. (collectively, "Content"); and (b) e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums and/or other message or communication facilities designed to enable You to communicate with others (collectively, "Services"). "Content" as defined herein, also includes any input, ideas, suggestions, communications or other feedback provided by You to bookbulb or to any bookbulb user ("Feedback") as well as any books, chapters, articles, stories, and concepts and ideas submitted by You and other users ("User Submissions"). By accessing this Website in any way (including, without limitation, browsing the Website), using and/or viewing any Content, using any Services, downloading any materials, and/or placing an order for products or services, You agree to and are bound by the terms of use described in these Terms. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and bookbulb for violations of these Terms.
These Terms constitute the entire agreement between You and bookbulb and govern Your use of the Website, and supersede any and all prior agreements, written or oral, between You and bookbulb regarding the subject matter of this Website (including, without limitation, any prior versions of these Terms). Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms shall control.
Notwithstanding the foregoing, the Privacy Policy supersedes any conflicting terms in these Terms and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy.
You may also be subject to additional terms and conditions that may apply when You use other bookbulb services, third-party content or third-party software.
This Agreement may be modified at any time by bookbulb upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.bookbulb.com/index.php?s=terms .
2. bookbulb Website
These Terms apply to You and to all users of the bookbulb Website, including users who are also contributors of content, information, and other materials or services on the Website. The bookbulb Website may contain links to third party websites that are not owned or controlled by bookbulb. bookbulb has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, bookbulb will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve bookbulb from any and all liability arising from Your use of any third-party website. Accordingly, we encourage You to be aware when You leave the bookbulb Website and to read the terms and conditions and privacy policy of each other website that You visit.
3. Electronic Communications
When You visit bookbulb or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
4. Website Access/Content
A. bookbulb hereby grants You a limited, revocable, nonexclusive license to use this site solely for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. This limited license to access and make personal use of this Website as set forth herein, is subject to the following: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without bookbulb's prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of these Terms. This license does not include any resale or commercial use of this Website or The Content or any derivative use of this Website or the Content. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of bookbulb. Any unauthorized use terminates the permission or license granted to You by bookbulb.
B. In order to access some features of the Website, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify bookbulb immediately of any breach of security or unauthorized use of Your account. Although bookbulb will not be liable for Your losses caused by any unauthorized use of Your account, You agree to be liable for the losses of bookbulb or others due to such unauthorized use of your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the bookbulb servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, bookbulb grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. bookbulb reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. Your use of this Website is at the discretion of bookbulb and bookbulb may terminate Your use of this Website at any time for any or no reason.
E. Content on the Website is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. bookbulb reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. Intellectual Property Rights
A. All content included on this Website, including but not limited to text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of bookbulb or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of bookbulb and protected by U.S. and international copyright laws. All software used on this Website is the property of bookbulb or its software suppliers and protected by United States and international copyright laws.
B. bookbulb and other bookbulb graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of bookbulb or its affiliates in the U.S. and/or other countries. bookbulb's trademarks and trade dress may not be used in connection with any product or service that is not bookbulb's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits bookbulb. All other trademarks not owned by bookbulb or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by bookbulb or its affiliates.
C. Except for Feedback, for which You agree to grant bookbulb any and all intellectual property rights owned or controlled by You relating to the Feedback, bookbulb claims no ownership or control over any Content. You or Your third party licensor, as applicable, retain all intellectual property rights to any Content and You are responsible for protecting those rights, as appropriate.
D. By submitting the User Submissions to bookbulb, You hereby grant bookbulb and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, prepare derivative works of, display, rent, resell, distribute and perform (in whole or in part) the User Submissions in connection with the bookbulb Website and bookbulb's (and its affiliates or successor's) business, including without limitation for promoting and redistributing part or all of the bookbulb Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the bookbulb Website a non-exclusive license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms. bookbulb reserves the right to syndicate Content submitted, posted or displayed by You on or through bookbulb and use that Content in connection with any service offered by bookbulb.
6. User Submissions
A. You understand that whether or not such User Submissions are published, bookbulb does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that:
(i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize bookbulb to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
C. In connection with User Submissions, You further agree that:
(i) You own or have sufficient rights to post Your Content posted by, on or through bookbulb;
(ii) the posting of Your Content on or through bookbulb does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(iii) You have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Your Content that You posted to or through bookbulb;
(iv) Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(v) Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(vi) Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
(vii) if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to make available Your Content, or (ii) secured from Your employer a waiver as to all rights in or to Your Content;
(viii) Your Content does not violate any state or federal law designated to regulate electronic advertising;
(ix) Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on bookbulb's or others computers or equipment, designated to enable You or others to gather information about or monitor the online or other activities of another party;
(x) Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
(xi) Your Content does not otherwise violate, or link to material that violates any provision of this Agreement;
(xii) Your Content does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and
(xiii) Your Content does not contain content that discriminates, incites harassment or advocates harassment of any group or individual.
You agree to use bookbulb only for purposes that are legal, and in accordance with the Terms, including without limitation the Privacy Policy, Code of Conduct and any applicable bookbulb Policies.
D. bookbulb does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and bookbulb expressly disclaims any and all liability in connection with User Submissions. bookbulb does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and bookbulb will remove all content and User Submissions if properly notified that such content or User Submissions infringes on another's intellectual property rights. bookbulb reserves the right to remove content and User Submissions without prior notice. bookbulb may terminate a User's access to the Website, at any time, for any or no reason. bookbulb reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. bookbulb may remove such User Submissions and/or terminate a User's access for uploading such material in violation of any bookbulb policy at any time, without prior notice and at its sole discretion.
E. In particular, if You are a copyright owner or an agent thereof and believe that any User Submissions or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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 at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Your address, telephone number, and, if available, an electronic mail address;
(v) 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
bookbulb's designated Copyright Agent to receive notifications of claimed infringement is: Ms. Santos, 1989A Santa Rita Road #182, Pleasanton, CA 94566, email: copyright@bookbulb.com, fax: . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to bookbulb customer service through http://www.bookbulb.com/index.php?s=support . You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid.
F. You understand that when using the bookbulb Website, You will be exposed to User Submissions from a variety of sources, and that bookbulb is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against bookbulb with respect thereto, and agree to indemnify and hold bookbulb, its owners/operators, affiliates, attorneys, agents, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
G. bookbulb permits You to link to materials on the Website for personal, non-commercial purposes only. In addition, bookbulb provides an "Embeddable Player" feature, which You may incorporate into Your own personal, non-commercial websites for use in accessing the materials on the Website, provided that You include a prominent link back to the bookbulb Website on the pages containing the Embeddable Player. bookbulb reserves the right to discontinue any aspect of the bookbulb Website at any time.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE bookbulb WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, bookbulb, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. bookbulb MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE bookbulb WEBSITE. bookbulb DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE bookbulb WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND bookbulb WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL bookbulb, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE bookbulb WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE bookbulb IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT bookbulb SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by bookbulb from its facilities in the United States of America. bookbulb makes no representations that the bookbulb Website is appropriate or available for use in other locations. Those who access or use the bookbulb Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless bookbulb, its parent corporation, officers, directors, employees, attorneys, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the bookbulb Website; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the bookbulb Website.
10. Ability to Accept Terms
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The bookbulb Website is not intended for children under the age 13 without adult supervision. If You are under 13 years of age, then please do not use the bookbulb Website.
11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by bookbulb without restriction.
12. General
You agree that: (i) the bookbulb Website shall be deemed solely based in California; and (ii) the bookbulb Website shall be deemed a passive website that does not give rise to personal jurisdiction over bookbulb, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and bookbulb that arises in whole or in part from the bookbulb Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms, together with the Privacy Notice, Code of Conduct and any other guidelines or rules required by bookbulb and any other legal notices published by bookbulb on the Website, shall constitute the entire agreement between You and bookbulb concerning the bookbulb Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and bookbulb's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. bookbulb reserves the right to amend these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. Your use of the bookbulb Website following any amendment of these Terms will signify Your assent to and acceptance of its revised terms.
