TERMS OF USE
THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT
CONTAINS MANY IMPORTANT CONDITIONS THAT AFFECT YOUR RIGHTS. BY CHECKING THE
CORRECT BOX UPON REGISTRATION, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. A
COPY OF THIS AGREEMENT HAS TO BE PRINTED FOR YOUR RECORDS.
This Agreement governs your use of the
BOOKSTEP.COM ("Website"), your special access to the Website, and your right to
access, read, upload, edit, and publish books, articles, other written word
products, photographs, illustrations, video, audio and/or any other media or
content ("Content") from the Website, and all other services offered by
BOOKSTEP.COM.
1. ACCEPTANCE OF TERMS
This Website is owned and operated by
BOOKSTEP, LLC ("Bookstep"). Access and use of this Website is provided by
BOOKSTEP, LLC to you on condition that you accept these Terms of Use, and by
accessing or using this Website, you agree to these Terms of Use. If you do not
agree to accept these Terms of Use you should not access or use this Website in
any possible form. The services that BOOKSTEP.COM provides to its Member and
public in general are subject to the following Terms of Use ("TOU"). BOOKSTEP.COM
reserves the right to update the TOU at any time with notice to Member's
account. The most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located at the bottom of our Web page.
A. This
Agreement, which incorporates by reference other provisions applicable to use
of BOOKSTEP.COM, including, but not limited to, governing the use of certain
specific material contained in our website, sets forth the terms and conditions
that apply to use of Website by Members or public. By using BOOKSTEP.COM
services (other than to read this Agreement for the first time), Member agrees
to comply with all of the terms and conditions hereof. The right to use
member's portion of BOOKSTEP.COM is personal to Member and is not transferable
to any other person or entity. Member is responsible for all use of Member's
Account (under any login name or password) and for ensuring that all use of
Member's Account complies fully with the provisions of this Agreement. Member
shall be responsible for protecting the confidentiality of Member's
password(s).
B. BOOKSTEP.COM
shall have the right at any time to change or discontinue any service or
feature of website, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
C. Persons
under the age of 18 are not eligible to use this site unsupervised. By using
this website unsupervised, and/or registering for an account, you warrant that
you are 18 years of age or older.
2. CHANGED TERMS
BOOKSTEP.COM shall have the right at any
time to change or modify the terms and conditions applicable to Member's use of
Website, or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on Website,
or by electronic or conventional mail, or by any other means by which Member
obtains notice thereof. Any use of Website by Member after such notice shall be
deemed to constitute acceptance by Member of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES AND MEMBERSHIP
Through its Web property, BOOKSTEP.COM
provides Member with access to a variety of resources, including, but not
limited to download areas, uploading tools and product information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are
subject to the TOU.
A. BOOKSTEP.COM is an online solution where members of Website can access Content
for selling, free of charge sharing or storage purposes. BOOKSTEP.COM is
divided into two portions: for public and for members. The public portion gives
to all visitors' rights to: a) access general information about the Website, b)
view Content (shared and for sale) on the Website c) use search engine to look
for content on the Website, d) register to become Members, as described below. The
Member's part is only accessible by Members.
The Member's portion gives to Members (in
addition to all services available in the public section) rights to: a) access
and manage their accounts on the Website b) upload and download Content onto
and from BOOKSTEP.COM website in accordance with Content Upload Agreement or
Content Access Agreement.
B. Visitors who register for BOOKSTEP.COM in order to become a Member,
will select the user name ("Login Name") and the user password ("Password") to
create Membership Account.
C. Members
shall upload the Content through their Membership Accounts, and this Content
will be subject to Content Upload Agreement. By uploading content, intended for
sale Member agreement to give BOOKSTEP.COM and all members of Website, through
the direct use of Website, perpetual, non-exclusive, non-transferable license
to use Content for any purpose including publication, displaying, modification,
and creation of derivative works.
D. BOOKSTEP.COM has the right to license Content, which is intended for
sale, up until the time Member removes such Content from the Website. BOOKSTEP.COM
shall pay Member the fee in accordance with Price Chart on the Website for each
download of the content, which is intended for sale, by other member of the
Website. BOOKSTEP.COM may also, in its discretion, place limits on the
accessing or uploading of Content.
E. Members shall download Content through their Membership Accounts, and
this Content will be subject to then Content Access Agreement. Members will be
able to access Content intended for sale for a particular use(s) only if they
pay in accordance with Price Chart on the Website, and only if they agree to
the Content access Agreement for this Content and such use(s).
4. MEMBER CONDUCT
A. Member
shall use Website for lawful purposes only. Member shall not post or transmit
through Website any Content which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without Bookstep's.com express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a Member that
in Bookstep's.com discretion restricts or inhibits any other Member from using
Website will not be permitted.
B. Website
contains copyrighted Content, trademarks and other proprietary information,
including, but not limited to, text, images, photos, video, graphics, and the
entire content of BOOKSTEP.COM are copyrighted as a collective work under the
US and international copyright laws. BOOKSTEP.COM and its partners own a
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Except as otherwise
expressly permitted under the terms of the Content access Agreement, no
copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted.
C. Member
may not use, store, display, publish, transmit, distribute, modify, reproduce,
create derivative works of any of downloaded shared Content, in whole or in
part, otherwise as provided to Member as part of the services by BOOKSTEP.COM.
D. Member
understands that by using BOOKSTEP.COM, He or She may be exposed to Content
that He or She find offensive or objectionable.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Member must complete the registration
process by providing BOOKSTEP.COM with current, complete and accurate
information as prompted by the applicable registration form. Member also will
choose a Password and a Login name. Member is entirely responsible for
maintaining the confidentiality of Member's password and account. Furthermore,
Member is entirely responsible for any and all activities that occur under
Member's account. Member agrees to notify BOOKSTEP.COM immediately of any
unauthorized use of Member's account or any other breach of security. BOOKSTEP.COM
will not be liable for any loss that Member may incur as a result of someone
else using Member's password or account, either with or without Member's
knowledge. However, Member could be held liable for losses incurred by
BOOKSTEP.COM or another party due to someone else using Member's account or
password.
6. CONTENT PROVIDED TO BOOKSTEP.COM
The copyright of all Content uploaded by
Members is held by Members. Members may not upload content to which they do not
own the copyrights. BOOKSTEP.COM does not claim ownership of the Content
Members provide to BOOKSTEP.COM (including feedback and comments) or upload to
BOOKSTEP.COM. However, by uploading Content which is intended for sale, Member
is granting BOOKSTEP.COM, permission to use such Content in connection with the
operation of its Internet business (including, without limitation, all
BOOKSTEP.COM Services), including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat Member's Content; to publish Member's name in connection
with Member's Content; and the right to sublicense such rights to any Member of
the Website.
BOOKSTEP.COM is under no obligation to post or use any Content Member may
provide and BOOKSTEP.COM may remove any Content at any time in its sole discretion.
By uploading a Content Member warrants and represents to own or otherwise
control all of the rights to Member's Content as described in these Terms of
Use including, without limitation, all the rights necessary for Member to
provide, post, upload, input or submit the Content.
In addition to the warranty and
representation set forth above, by uploading a Content, Member warrant and
represent that (a) Member is the copyright owner of such Content, (b) Member
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in Content, which
intended for sale, has provided consent (Model Release) to the use of the
Content as set forth in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such
Content.
7. CREDITS
Transactions on the BOOKSTEP.COM shall be
conducted using Reading Credits ("Credits"). Credits can be purchased online
through PayPal within the member's account of the Website.
The price of credits purchased through the BOOKSTEP.COM will be specified on
the Website at the time of your purchase. By approving the purchase of the
product or service, you authorize BOOKSTEP.COM to charge your PayPal account,
for the total amount of the purchase.
8. REFUND POLICY AND EXPIRATION OF
CREDITS.
Credits will expire 730 calendar days after
purchase. BOOKSTEP.COM shall not be obligated to grant any refund or
reimbursement for removed download credits. All sales and Content access
sales are final.
9. DISCLAIMER OF WARRANTY;
LIMITATION OF LIABILITY
A. MEMBER
EXPRESSLY AGREES THAT USE OF BOOKSTEP.COM WEBSITE IS AT MEMBER'S SOLE RISK. NEITHER
BOOKSTEP.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH
BOOKSTEP.COM.
B. WEBSITE
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT BOOKSTEP.COM IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO
EVENT WILL BOOKSTEP.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING WEBSITE OR THE BOOKSTEP.COM SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE WEBSITE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BOOKSTEP.COM, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE
MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF
FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
10. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE
BOOKSTEP.COM WEBSITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF
BOOKSTEP.COM AND BOOKSTEP.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO
SUCH WEBSITES. BOOKSTEP.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. BOOKSTEP.COM IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY BOOKSTEP.COM OF THE WEBSITE.
11. MONITORING
BOOKSTEP.COM shall have the right, but not
the obligation, to monitor the content of Website, to determine compliance with
this Agreement and any operating rules established by BOOKSTEP.COM and to
satisfy any law, regulation or authorized government request. BOOKSTEP.COM
shall have the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on Website. Without limiting the foregoing,
BOOKSTEP.COM shall have the right to remove any material that BOOKSTEP.COM, in
its sole discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
12. INDEMNIFICATION
Member agrees to defend, indemnify and hold harmless BOOKSTEP.COM, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of BOOKSTEP.COM by Member or Member's Account.
13. TERMINATION
Either BOOKSTEP.COM or Member may
terminate this Agreement at any time. Without limiting the foregoing,
BOOKSTEP.COM shall have the right to immediately terminate Member's Account in
the event of any conduct by Member which BOOKSTEP.COM, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Member of this
Agreement. Upon termination of Member's access to his or her portions of the
Site, member agrees to forfeit all download credits remaining in member's
account.
14. MISCELLANEOUS
This Agreement and any operating rules for
Website established by BOOKSTEP.COM constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the
State of California, without regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
15. ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND BOOKSTEP.COM, WHICH SUPERSEDES ANY PROPOSAL OR
PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND
BOOKSTEP.COM RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.
16. COPYRIGHT NOTICE
BOOKSTEP.COM, its logos and slogans are
trademarks of BOOKSTEP, LLC. All rights reserved. All other trademarks
appearing on BOOKSTEP.COM are the property of their respective owners.
Any rights not expressly granted herein are
reserved.