|
For Your Information
|
CONTENT ACCESS AGREEMENT (for readers)
This is a legal agreement between You ("Member")
and the owners of BOOKSTEP.COM ("Website"),
BOOKSTEP LLC, which governs the use your right to access, view, read, and/or edit,
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, which are intended for sale or freely shared and
accessed from the Website.
By accessing of such Content, Member agrees to be
bound by the terms of this Agreement, without any other conditions or
declarations. If Member does not agree with these terms and conditions, he or
she is NOT ALLOWED to access any Content from the Website. A copy of
this agreement must be printed for your records.
All Content on the Website is copyrighted by United States and
international copyright laws and treaties, and it is the property of BOOKSTEP.COM
or its Content Providers. All rights are reserved unless otherwise granted to
Member. The services that Website provides to Member are subject to the following Agreement. BOOKSTEP.COM reserves the right to
update the Agreement at any time with notice to Member's account. The most
current version of the Agreement can be reviewed by clicking on the 'Content
Agreements' hypertext link located at the bottom of BOOKSTEP.COM web page.
BOOKSTEP.COM hereby
grants to a Member a perpetual nonexclusive, nontransferable, personal license
to access Content under the terms and conditions explained in this Agreement.
Member's rights to use Content are conditioned upon Member's payment to BOOKSTEP.COM for his or her own use of
such Content. Persons under the age of 18 are not eligible to use this site
unsupervised. By using this website unsupervised, and/or accepting this
Agreement, Member warrants that he or she is 18 years of age or older.
Standard license conditions:
Permitted
Use: Member's own personal, non-commercial use
Member may also:
- Modify or
alter Content for his or her personal use.
- In the
event of creating of a derivative work based on one or more articles of
Content integrated into this derivative work all rights to such Content
shall continue to be owned by BOOKSTEP.COM or its providers.
- Display
the Content in any manner not prohibited by the permitted uses of this
Agreement provided that Member includes the copyright information from the
Content file in the legal copyright notice.
- Print a
temporary copy of a file that is integral to your work product and without
which the product could not be completed.
- Print a
copy of the Content for Member's own use in any size, however Member may
not resell, sublicense or redistribute it to others.
Prohibited uses
MEMBER MAY NOT USE THE CONTENT IN THE FOLLOWING
WAYS:
- Use the
Content other than as specified in Permitted Uses without our prior express written permission.
- Use the
Content in connection with any service designed to sell 'print on
demand' products to a number of users without our prior
express written permission.
- Resell,
redistribute or transfer any Content except as provided in this Agreement.
Displaying Content in digital without legal copyright notice, or share the
Content by providing access to it on shared disk drives, computer
networks.
- Use
Content in unlawful or immoral way with violation of the rights of others
such as defamation, pornography, intrusion on privacy or in a manner that
infringes any trademark or intellectual property or use a Content in a way
that places any person in such Content in a bad light or depicts them in a
way that they may find offensive.
- Use any
part of Content as a trademark, service mark, logo, or part thereof.
Member has to re-license (re-purchase) the
Content each usage of it without exception.
The Member acknowledges that BOOKSTEP.COM has no
rights to license shared Content to third parties. In case of downloading of shared Content from sharing section of the
Website Member may not use, store, display, publish, transmit, distribute,
modify, reproduce, create derivative works of any such Content, in whole or in
part, otherwise as provided to Member as part of the sharing services by BOOKSTEP.COM.
- Disclaimer of Warranty; Limitation of
Liability
- 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 BOOKSTEP.COM,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, PROVIDED THROUGH BOOKSTEP.COM.
- BOOKSTEP.COM GRANTS
NO RIGHTS AND MAKES NO WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES,
TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR
ARCHITECTURE DEPICTED IN ANY CONTENT. IT IS MEMBER RESPONSIBILITY TO
ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE
REQUIRED FOR MEMBER'S USE OF ANY IMAGES ARE OBTAINED.
- BOOKSTEP.COM PROVIDES ITS CONTENT 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.
- 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.
- IN NO
EVENT WILL BOOKSTEP.COM, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE BOOKSTEP.COM CONTENT, 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.
- BOOKSTEP.COM SHALL
HAVE THE RIGHT IN ITS SOLE DISCRETION TO EDIT, REFUSE TO POST OR REMOVE
ANY CONTENT 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTENT ACCESS
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.
- COPYRIGHT NOTICE
BOOKSTEP.COM and its logos 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.
CONTENT UPLOAD AGREEMENT (for authors & publishers)
This is a legal agreement between You
(Member), who uploads books, articles,
other written word products, photographs, illustrations, video, audio and/or
any other media or content ("Content") to BOOKSTEP.COM and the owners of BOOKSTEP.COM ( or
"Website"), BOOKSTEP, LLC, which governs the uploading of Content on a non-exclusive
basis.
By submitting a Member's account
application Member agrees that he or she is 18 years of age or over and can
legally accept this agreement and agrees to be bound by the terms of this
Agreement, which may be amended from time to time without any other conditions
or declarations. Each upload of Content will be governed by the terms and
conditions of this Agreement. If Member does not agree with these terms and
conditions, he or she has to terminate a Member's account. A copy of this
agreement has to be printed for your records.
- UPLOADING
CONTENT
- Content
intended for sale
By uploading Content to BOOKSTEP.COM, Member gives BOOKSTEP.COM, a perpetual, world-wide,
non-exclusive privilege and license to use, reproduce, publish, market,
sublicense and sell to third parties any Content uploaded or moved by Member to
the sale folder in accordance with this Agreement and accepted by BOOKSTEP.COM.
The Member acknowledges that all uploaded
Content shall be screened by BOOKSTEP.COM and BOOKSTEP.COM in its sole
discretion, shall decide which of such Content is suitable for posting on the
Website and distribution. The Member also acknowledges that Content may be used
for sales, marketing and promotional purposes for the Website without compensation due to the Member for use of
the Content for such purposes. BOOKSTEP.COM may abstain from any or all of the preceding without any liability to Member.
BOOKSTEP.COM and Member agree that all
copyrights in and to all the Uploaded Content, including title, remain with the
owner of such copyrights, and no copyrights is transferred in any way to BOOKSTEP.COM or to the third parties.
The Member acknowledges that he or she is not
allowed by BOOKSTEP.COM to
upload any Content that contravene any patent, copyright, property right,
trademark or any other applicable right.
BOOKSTEP.COM requires a written Model Release or Property Release for Content
that has identifiable people or easily recognizable commercial buildings,
businesses or private property on it and is intended for sale. BOOKSTEP.COM does not represent or
make warranties as to the legality or validity of any Model or Property Release
associated with Content. Member is solely responsible for the uploaded Content
and by uploading the Content Member warrants that He or She owns all
proprietary rights regarding the Content, and for Content that depicts
identifiable persons or property that Member has obtained a valid signed Model
or Property release from all required parties. BOOKSTEP.COM reserves the right to remove any such Content from
sale section of the Website that does not have a release.
BOOKSTEP.COM also reserves the right to reject any accepted Content at any
time if BOOKSTEP.COM finds it's
defective, of poor quality or contravenes any right, and the right to deny any
account for any reason including fraudulent downloads, obscene materials and
materials that can be harmful to others. Member also forfeits the right to
remove submitted and approved for sale Content for 365 calendar days since the
date of initial upload. BOOKSTEP.COM has sole right to remove such
content if necessary.
All of the Content is uploaded on a
non-exclusive basis - Member may submit the same Content to others parties such
as websites or content distributors. In case of cooperating with BOOKSTEP.COM on an exclusive basis,
uploaded Content may not be submitted to others.
- Shared
Content
By uploading Content to the sharing folder of BOOKSTEP.COM,
Member gives BOOKSTEP.COM, a perpetual, world-wide, irrevocable, non-exclusive
privilege and license to use, store, display, reproduce, publish transmit,
transfer, create derivative works, distribute any Content uploaded by Member in
accordance with this Agreement, Content Access
Agreement, Terms of Use.
The Member acknowledges that all uploaded
Content shall be screened by BOOKSTEP.COM and BOOKSTEP.COM in its sole
discretion, shall decide which of such Content is suitable for posting on the
Website.
The Member also acknowledges that Content may
be used for marketing and promotional purposes for the Website without compensation due to the Member for use of
the Content for such purposes. BOOKSTEP.COM may abstain from any or all of the preceding without any liability to Member.
BOOKSTEP.COM and Member agree that all copyrights in and to all the Uploaded Content, including title,
remain with the owner of such copyrights, and no copyrights is transferred
in any way to BOOKSTEP.COM or to
the third parties.
The Member acknowledges that he or she is not
allowed by BOOKSTEP.COM to
upload any Content that contravene any patent, copyright, property right,
trademark or any other applicable right.
BOOKSTEP.COM does not require any Model or Property Releases for shared
Content.
BOOKSTEP.COM also reserves the right to reject any Content at any time if BOOKSTEP.COM finds it's contravened
any right, and the right to deny any account for any reason including
fraudulent downloads, pornographic or obscene Content and Content that can be
harmful to others. Member also can remove shared
Content at any time for any reason at all.
Uploading of the Content found on other stock
photography sites is strictly prohibited and results in the termination of this
Agreement and your membership.
- COMMISSION
BOOKSTEP.COM pays its Members commission based on the total of purchased in accordance
with Bookstep.com's Commission Rate of 70% Content that uploaded by those
Members. BOOKSTEP.COM will do
its best to make payment in 3 business days in response to a written cash-out request
only. The minimum payout rate is $100.00. This payment will be net of fees for
the processing of any credit card, debit card, or alternative payment method.
In case of canceling of Member's account before reaching $100.00 in earnings,
the amount of earnings will be forfeited.
BOOKSTEP.COM reserves the right to change the commission and notify its
Members by email of the change.
If any Member residing in the United States
reaches $400 in payment for any given year - a W9 form will need to be
submitted by fax in order to continue payments to that Member. An e-mail will
be sent to Member with instructions on how to download and fax this IRS form.
- 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. Member may not use anyone else's account at any time,
without the permission of the account holder.
- Disclaimer
of Warranty; Limitation of Liability
- 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 BOOKSTEP.COM, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
PROVIDED THROUGH BOOKSTEP.COM.
- BOOKSTEP.COM GRANTS NO RIGHTS AND MAKES NO
WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES,
COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY
CONTENT. IT IS MEMBER RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS,
CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR MEMBER'S USE OF ANY
IMAGES ARE OBTAINED.
- BOOKSTEP.COM PROVIDES ITS CONTENT 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.
- 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.
- IN NO EVENT WILL BOOKSTEP.COM,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
WEBSITE OR THE BOOKSTEP.COM CONTENT,
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.
- BOOKSTEP.COM SHALL HAVE THE RIGHT IN ITS SOLE
DISCRETION TO EDIT, REFUSE TO POST OR REMOVE ANY CONTENT SUBMITTED TO OR
POSTED ON WEBSITE. WITHOUT LIMITING THE FOREGOING, BOOKSTEP.COM SHALL HAVE THE RIGHT TO REMOVE ANY CONTENT THAT BOOKSTEP.COM,
IN ITS SOLE DISCRETION, FINDS TO BE IN VIOLATION OF THE PROVISIONS HEREOF
OR OTHERWISE OBJECTIONABLE.
- 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.
- 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.
- 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.
- 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 Website, member agrees to forfeit all Bookstep credits
remaining in member's account.
- 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.
- ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS CONTENT UPLOAD 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.
- COPYRIGHT
NOTICE
BOOKSTEP.COM and its logos are trademarks of BOOKSTEP LLC. All rights
reserved. All other trademarks appearing on BOOKSTEP.COM are the property of their respective owners.
|