We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the Online Books Club. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. Use of Our Service
Online Books Club provides a place for you to discover, track, and talk about books with friends and our community.
You do not have to register in order to visit the Online Books Club. To access certain features of the Service, though, including creating “bookshelves” to organize what you’ve read, posting book reviews, and commenting on other members’ reviews, you will need to register with Online Books Club and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Online Books Club immediately of any breach of security or unauthorized use of your account.
Subject to your compliance with this Agreement and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service.
This license does not include any resale or commercial use of any part of the Service, or its contents; any collection and use of any book listings, descriptions, reviews or other material included in the Service; any derivative use of any part of the Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Online Books Club without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement.
Online Books Club may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Online Books Club sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Online Books Club users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Online Books Club shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Online Books Club takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Online Books Club is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Online Books Club shall not be liable for any damages you allege to incur as a result of such User Content. Online Books Club may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
3. License Grant
By posting any User Content on the Service, you expressly grant to Online Books Club a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Online Books Club for all claims resulting from content you supply.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content and all intellectual property Rights related thereto, are the exclusive property of Online Books Club and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.
Use of the Online Books Club Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Online Books Club under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Online Books Club does not waive any rights to use similar or related ideas previously known to Online Books Club, or developed by its employees, or obtained from sources other than you.
5. Copyright Complaints
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the material that is claimed to be infringing and where it is located on the Service;
- Your address, telephone number, and e-mail address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
6. Third-Party Websites, Advertisers or Services
Online Books Club may contain links to third-party websites, advertisers, or services that are not owned or controlled by Online Books Club. Online Books Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
Additionally, your dealings with or participation in promotions of advertisers found on Online Books Club, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Online Books Club shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Online Books Club and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(iv) your violation of any law, rule or regulation of the India or any other country;
(v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or
(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
8. Disclaimers of Warranties and Limitation of Liability
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
ONLINE BOOKS CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Online Books Club without restriction.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or a Kindle, any Reading Application, the Software, the Digital Content or the Service is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms. You agree to those terms by entering into this Agreement or using a Kindle, any Reading Application, or the Service.