TERMS OF USE
The Book Observer Limited referred to as “Organization” or “us” or “our” operates the Book Observer website, www.bookobserver.org, which is a 501c3 organization and the bookobserver.online website. Either of the Book Observer websites, the information contained on the Book Observer websites, including all links contained therein will be collectively referred to as the “Book Observer Website” in this Agreement. By using either of the Book Observer websites or making a purchase or a donation in exchange for any products or services offered through either of the Book Observer websites, you “you” or, “User” agrees to be bound by this Agreement, as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”).
THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS THAT MAY AFFECT YOUR RIGHTS WITH RESPECT TO THE ORGANIZATION OR EITHER OF THE BOOK OBSERVER WEBSITES. IF YOU DO NOT AGREE TO THE AGREEMENT OR THE AGREEMENT TO WHICH YOU WILL BE BOUND, IMMEDIATELY STOP ACCESSING THE BOOK OBSERVER WEBSITES AND DO NOT MAKE A PURCHASE OR A DONATION IN EXCHANGE FOR ANY PRODUCT OR SERVICE OFFERED THROUGH THE BOOK OBSERVER WEBSITES. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE MAY MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT ANY PRIOR NOTICE TO YOU OR ANY USER.
ACCEPTANCE OF THIS AGREEMENT
In consideration of your use of the Book Observer websites and you’re making a purchase or a donation in exchange for any products or services from the Organization, you agree that you shall be bound by this Agreement. You understand that this Agreement supersedes all prior agreements, representations, or warranties with respect to the Book Observer websites. You represent and warrant that with your using the Book Observer websites, you have been placed on constructive notice of these Term of Use. To the extent you have not affirmatively manifested assent to this Agreement, you agree and acknowledge that with your use of the Book Observer websites is equivalent to an affirmative interaction with the Book Observer websites acknowledging your assent and agreement to this Agreement. Your use of the Book Observer websites includes the ability to enter into binding agreements or to engage in binding transactions electronically.
We always reserve the right to modify or otherwise amend any part of this Agreement as we deem necessary or desirable without any prior notice to you or any of the Users. Any changes to this Agreement will be effective immediately upon our posting of the amended Agreement to the Book Observer websites. You agree to be bound to any changes to this Agreement. We encourage you to review this Agreement from time to time to ensure that you stay informed of any changes to the Agreement. Your use of either of the Book Observer websites after any modification or amendment to this Agreement shall constitute acceptance of the modified Agreement. The Organization expressly reserves the right to modify or discontinue any aspect or feature of the Book Observer websites including, but not limited to, requirements for access or use. Such modification is in the sole discretion of the Organization and may be without prior notice to you or any user. You agree that the Organization shall not be liable to you or to any third party for any modification or discontinuance of either of the Book Observer websites, the Organization, or any of its products or services.
USE OF THE BOOK OBSERVER WEBSITES
By using either of the Book Observer websites, you agree to always comply with, be bound by, and adhere to this Agreement. You represent and warrant that your use of either of the Book Observer websites does not violate any applicable law or regulation, and is for your own personal, or commercial purposes. Any information you submit to either of the Book Observer websites must be accurate, truthful, true, complete, and correct. You acknowledge and understand that there may be interruptions to the Book Observer websites that are beyond our control. You further acknowledge that the Organization does not independently confirm the accuracy of any information posted on the Book Observer websites by any User or third parties. Any content posted by any User or other party does not reflect the position or opinions of the Organization. While we make reasonable efforts to keep the Book Observer websites accessible, the Book Observer websites may not be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Website access may be interrupted, suspended, or terminated. The Organization retains the right at our sole discretion to deny access to the Book Observer websites to anyone or any User account, at any time and for any reason.
PROHIBITED ACTIVITIES
All interactions on the Book Observer website must be lawful and must comply with this Agreement. To the extent your conduct (as judged by the Organization in our sole discretion), may restrict or inhibit any User from using any part of either of the Book Observer websites, we may limit your privileges on or access to the Book Observer websites, and seek other remedies, as necessary.
Everything located on or in the Book Observer websites is the exclusive property of the Organization or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHERWISE MODIFYING OF THE BOOK OBSERVER WEBSITE (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE ORGANIZATION IS PROHIBITED. Any violation of this policy may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal charges or penalties.
You agree not to upload, share, submit, post, transmit, email, send to or otherwise make available to the Book Observer website any content:
- That can be considered unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is in anyway harmful to minors;
- That is pornographic, depicts a human being engaged in actual sexual conduct or any material which is sexual in nature without advising the Organization beforehand;
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity, including, but not limited to or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- That includes personal or identifying information about another person without that person’s explicit consent and/or express permission;
- That is false, deceptive, misleading, deceitful, argumentative, or misinformative in any way;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unsolicited commercial advertisements;
- That constitutes or contains any form of advertising or solicitation if: posted in areas of the Book Observer websites which are not designated for such purposes; or emailed to the Book Observer website users who have not indicated in writing that it is acceptable to contact them about other services, products, or commercial interests.
- That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive amount of Content (also known as a “flooding attack”) to the Book Observer website, or that otherwise negatively affects other users’ ability to use the Book Observer website; or
- That employs false or misleading email addresses, forged headers or otherwise manipulated identifiers to disguise the origin of content transmitted through the Book Observer website.
INTELLECTUAL PROPERTY
The Book Observer website contains copyrighted material, trademarks and other proprietary information that are protected under intellectual property rights of the United States, and other international laws and conventions. The intellectual property that the Organization owns includes the Book Observer websites, along with any text, source code, software, scripts, databases, photos, graphics, videos, music, sound, and any other elements or functionality contained therein (the “Content”). The Content is protected by copyright under the United States copyright laws, as well as analogous laws and international conventions. By using the Book Observer websites, you agree not to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. You may download, print, and/or save the Content for personal, non-commercial use only. Except as otherwise expressly stated under applicable copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Content without the express permission of the Organization or the copyright owner is permitted. In addition, the Content may include various items subject to trademark or trade dress protection.
The Book Observer website and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to, the Organization’s website design and other related trade dress.
The content displayed on or through the Book Observer website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Book Observer website or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Organization.
You further agree not to reproduce, duplicate, or copy any content from the Book Observer websites without the express written consent of the Organization, and agree to abide by all copyright notices displayed on the Book Observer websites. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Book Observer website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Book Observer website.
CONTRIBUTIONS TO THE BOOK OBSERVER WEBSITE
The Book Observer websites may allow you to add user generated content to the Book Observer websites through blogs, posts, forums, comments, message boards, reviews, or other similar functionality (collectively, a “User Contribution”). Any content, data or information that is uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Book Observer websites by you include, but are not limited to text, articles, comments, messages, forum postings, files, text, images, photographs, videos clips, sounds, data or any other information or data transmissible over the Internet. The Book Observer websites include any area or online resource that the user has access to and/or where the user can upload, share, submit, post, transmit, email, send or otherwise make available any content to the Book Observer website, Organization computer servers or to the Organization itself.
By uploading, sharing, submitting, posting, transmitting, emailing, sending or otherwise making available to the Book Observer websites any information, data or content that is deemed a User Contribution by the Organization in its sole discretion, you automatically grant to the Organization and its officers, directors, employees, subsidiaries, partners, and affiliates, a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, fully paid, worldwide license to use, copy, publicly perform, host, display, distribute, sell, resell, reformat, adapt, enhance, edit, translate, store, modify or reproduce from, any User Contribution, and to prepare derivative works of, or incorporate into other works in any medium now in existence or hereinafter developed without restriction for any purpose including commercial purposes without any compensation to you, and to grant and authorize sublicenses of the foregoing without any acknowledgement or compensation to you. You further grant every User of either of the Book Observer websites a limited, personal, non-transferrable, royalty-free, irrevocable, perpetual, non-exclusive, fully paid, worldwide license to view, access, download, print, or otherwise use your User Contribution for their own personal, non-commercial purpose.
You shall be solely responsible for your own User Contributions and the consequences of submitting and publishing of any User Contribution to either of the Book Observer websites. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish each User Contribution that you submit to the Book Observer website, and that any User Contribution you make does not infringe any intellectual property rights held by any third party. You understand that the Organization does not guarantee any confidentiality with respect to any User Contribution that you make to either of the Book Observer websites. The Organization has no obligation to screen, monitor, delete or remove any User Contribution that anyone may consider objectionable or inaccurate. User Contributions are third party opinions only, and do not reflect or otherwise represent the views of the Organization or its officers, directors, employees, agents, volunteers, subsidiaries, or affiliates. You agree that you shall be solely liable for any damage resulting from any User Contribution, and shall hold the Organization and its officers, directors, employees, agents, volunteers, subsidiaries, and affiliates harmless from any liability incurred from any User Contribution that you make.
The Organization does not endorse any User Contribution, or any opinion, recommendation, or advice expressed therein, and the Organization expressly disclaims all liability in connection with each User Contribution, individually or collectively. The Organization does not permit copyright infringing activities and infringement of intellectual property rights on the Book Observer website, and the Organization will remove all content if properly notified that any User Contribution infringes on another’s intellectual property rights. The Organization reserves the right to remove any User Contribution without prior notice.
In addition, you automatically grant the Organization and its officers, directors, employees, volunteers, agents, subsidiaries, partners, and affiliates, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to generate any revenue from your User Contribution by any means now in existence or hereinafter developed including, but not limited to advertising, subscriptions, display, publication, periodicals and promotions without any acknowledgement or compensation to you. By accepting the terms of this Agreement, you expressly agree and acknowledge that you shall not be entitled to any compensation whatsoever nor shall you share in any revenue generated by any activities or usage of the Book Observer websites, by any content uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Book Observer websites by you at any time or by the Organization itself, or by any User Contribution you make to the Book Observer website.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF AND RELIANCE ON EITHER OF THE BOOK OBSERVER WEBSITES IS AT YOUR SOLE RISK. NEITHER THE ORGANIZATION, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, VOLUNTEERS, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES WARRANT THAT THE BOOK OBSERVER WEBSITES OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OR OTHER CONTENT DISPLAYED ON EITHER OF THE BOOK OBSERVER WEBSITES. THE BOOK OBSERVER WEBSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE BOOK OBSERVER WEBSITES, ORGANIZATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED OR OTHERWISE SOLD THROUGH EITHER OF THE BOOK OBSERVER WEBSITES, ORGANIZATION DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE BOOK OBSERVER WEBSITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE ORGANIZATION, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, VOLUNTEERS, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF EITHER OF THE BOOK OBSERVER WEBSITES, THE BOOK OBSERVER WEBSITES CONTENT, ANY USER CONTRIBUTION, AND OTHER INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY INCLUDES BUT IS NOT LIMITED TO ANY CLAIMS FOR LOST REVENUE, LOST PROFITS, OR LOST DATA ARISING IN CONNECTION WITH YOUR USE OF EITHER OF THE BOOK OBSERVER WEBSITES, WHETHER OR NOT THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE ORGANIZATION OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, VOLUNTEERS, AGENTS, PARTNERS, SUBSIDIARIES, OR AFFILIATES IN CONNECTION WITH THE USE OF THE BOOK OBSERVER WEBSITES AND ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH EITHER OF THE BOOK OBSERVER WEBSITES EXCEED THE PRICE PAID FOR THE PRODUCT OR THE SERVICE THAT IS THE BASIS FOR THE CLAIM, IF ANY. THE LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY EVEN IF THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
DISPUTE RESOLUTION
EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using either of the Book Observer websites, making a purchase of donation in exchange for any Product or Service through either of the Book Observer websites or from the Organization, or entering into this Agreement, the parties agree that either you or the Organization may elect to resolve any claim, dispute, or controversy between you and the Organization (or any of its officers, directors, owners, employees, volunteers, agents, subsidiaries or affiliates) arising out of, relating to, or connected in any way with this Agreement, the Book Observer websites, your use of the Book Observer websites, or your use of any Product or Service making a purchase or donation in exchange through either of the Book Observer websites or from the Organization, by final and binding arbitration administered by the American Arbitration Association (“AAA”), which shall be conducted before one arbitrators pursuant to the then-current Commercial Rules and Procedures. (“Rules and Procedures”).
The parties agree that any such arbitration shall be held in Fort Fairfield, Maine or at such other location as may be mutually agreed upon by you and the Organization. You irrevocably waive any objection to such venue, including without limitation obligations based on an inconvenient forum. The arbitrator shall apply the laws of Tennessee consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by the law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Notwithstanding anything to the contrary, you and the Organization agree that the foregoing arbitration provision shall not apply to any disputes arising from or regarding (i) intellectual property rights; (ii) theft, piracy, or unauthorized use; (iii) or any claim for temporary or permeant injunctive relief.
In addition, you agree and understand that: (i) there shall be no authority for any claims to be litigated or arbitrated on a class or representative basis; (ii) that any litigation or arbitration will decide only the individual claims between you and the Organization; and (iii) the judge or arbitrators may not consolidate or join the claims of other persons or parties who may be similarly situated.
-THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.-
If any part of this class action waiver is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You agree that any claim against the Organization arising out of this Agreement, your use of either of the Book Observer websites, or any products or services offered by the Book Observer websites or making a purchase or a donation in exchange for any products or services offered from the Organization whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within one (1) year of the date from the date the alleged breach, act or failure to act by any person occurred, but not more than two (2) years from the product or service making a donation in exchanged from the Organization.
If you bring any claims against the Organization that are unsuccessful, you agree to reimburse the Organization for any attorneys’ fees and costs incurred in connection with the defense of the unsuccessful claims brought by you.
If the Organization brings any action against you to enforce any provision or right under this Agreement, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.
THIRD PARTY WEBSITES
The Book Observer websites, contains links to third party websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such third-party websites. We expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Organization or any of its officers, directors, owners, employees, volunteers, agents, subsidiaries and affiliates from and against any and all liability, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to
* Your use of and access to the Book Observer websites;
* Your violation of any term of this Agreement;
* Your violation of any third party right, including without limitation any intellectual property or privacy right; or-
* Your use of Products or Services making a donation in exchange by you through either of the Book Observer websites.
TERMINATION
The Organization may deny you access to either of the Book Observer websites at any time in its sole discretion, without any prior notice to you. Without limiting the foregoing, the Organization shall have the right to immediately suspend, terminate and/or delete any of your passwords or accounts in the event the Organization considers, in its sole discretion, any of your conduct to be unacceptable, or in the event the Organization believes that you are in breach of this Agreement. Not-with-standing the above, the terms of this Agreement shall survive any such termination or denial of access. If the Organization terminates your access to the Book Observer websites for any reason, you are prohibited from creating a new account on the Book Observer websites to circumvent such termination. The Organization reserves the right to block any IP address from accessing the Book Observer website to assist in enforcing any termination of access from the Book Observer website.
MISCELLANEOUS TERMS
This Agreement constitutes the entire agreement between you and the Organization regarding use of the Book Observer websites. The failure of the Organization to exercise or enforce any right or remedy provided under this Agreement shall not constitute a waiver of any such right or remedy. The section headings used herein are for convenience only and shall be of no legal force or effect. The provisions of this Agreement apply equally to and are for the benefit of the Organization, its officers, directors, employees, volunteers, agents, subsidiaries, affiliates, and its third-party