BookMovement LLC Terms of Use

These Terms of Use (“Terms”) describe the terms and conditions applicable to you and Book Movement LLC and its affiliates and subsidiaries (“BookMovement,” “us,” “our” or “we”) regarding your use of our website located at www.bookmovement.com (“Website”) and/or our mobile application called “Book Club by BookMovement” (“App”) and the features and functionality thereof (the “Service”).  These Terms, which include our Privacy Policy (http://www.bookmovement.com/privacyNotice) govern your access to and use of the Website, App, Service and BookMovement Content (as defined below), and constitute a binding legal agreement between you and BookMovement.

YOU ACKOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE OR APP, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”), ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED TO USE THE SERVICE.

I.               SERVICE

 

The Website, App and Service enable persons who have registered with BookMovement (“User(s)”) to maintain private book club webpages and profile pages, receive reminders for book club meetings and read and post book reviews.

 

II.             LICENSE

 

a.     Grant.   Subject to your compliance with these Terms, you are granted a limited,

non-exclusive, non-transferable license to access and use the Website, App and Service on a computer, tablet device or mobile phone that you own or control. If you have accessed or downloaded the App from any “app” store or distribution platform, including but not limited to  the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App. 

 

b.     Ownership.     All materials (excluding “Uploaded Content,” as defined in Section IV) contained on, in, or available through the Website, App and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials ("BookMovement Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms.  All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the BookMovement Content, whether registered or not, are our sole property, or the property of third parties. The BookMovement Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website, App or Service, any ownership rights in the BookMovement Content.  These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, App or Service, unless such upgrade is accompanied by a separate terms and conditions, in which case the new terms and conditions will govern.

 

c.   Limitations.     You may not create, develop, license, install, use, or deploy any

third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website, App or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website, App or Service for others to copy, decompile, reverse engineer,  disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, App or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, your access and use of the Website, App and Service may be automatically terminated and you may be subject to prosecution and damages. You may not use the Website, App or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

 

 

III.           ELIGIBILITY

 

You represent and warrant that: (i) you are at least eighteen (18) years old, or the age of legal majority in your jurisdiction, (ii) you are accessing the Service from the U.S., (iii) you have the right, capacity and authority to be bound by these Terms; (iv) if applicable, you have the right and authority to bind the entity you represent to these Terms; and (v) you will abide by all these Terms.

 

     IV.      UPLOADED CONTENT

Except as otherwise set forth in these Terms, you may only transmit, upload, display, share or otherwise publish on the Website, App or Service content that (i) you have personally created including, without limitation, any book reviews or your participation in any author chats, (“User-Generated Content”),  (ii) content is not subject to any copyright or other proprietary rights protection ("Public Content"), and/or (iii) content in which the author has given prior written authorization for distribution (“Permissible Content”) (collectively, “Uploaded Content”). Any Permissible Content should contain a phrase such as "Copyright, owned by [insert name of owner]; used with permission." You acknowledge and agree that you are solely responsible for any Uploaded Content that you transmit, upload, display, share or otherwise publish through the Website, App or Service and we are not responsible to you or any third party for any Uploaded Content that is transmitted, uploaded, displayed, shared or otherwise published by you or any other User. 

You represent and warrant that none of your Uploaded Content (or any portion thereof) submitted on, through or by means of the Website, App or Service will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.

The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither BookMovement, our affiliates, nor any of our officers, directors, employees, agents, App Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from your submission of Uploaded Content. By submitting Uploaded Content to the Website, App or Service you automatically grant, and represent and warrant that you have the right to grant to BookMovement a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Uploaded Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Uploaded Content. Subject to this grant, the owner of Uploaded Content placed on the Website or App retains any and all rights which may exist in such Uploaded Content.

 

You understand and agree that we do not verify or vouch for any such Uploaded Content and if we determine in our sole discretion that any Uploaded Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the Uploaded Content; (b) revoke the applicable User's right to use the Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any Uploaded Content for any or no reason without prior notice to you and without liability.

BookMovement is a distributor and not a publisher of Uploaded Content. BookMovement has no more editorial control over such Uploaded Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Uploaded Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of BookMovement. BookMovement does not guarantee the accuracy, completeness, or usefulness of any Uploaded Content. In many instances, the Uploaded Content available through the Website, App or Service represents the opinions and judgments of the respective User not under contract with BookMovement. BookMovement neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website, App or Service by anyone other than authorized BookMovement employees. Under no circumstances shall BookMovement be liable for any loss, damage or harm caused by your or another User's reliance on information obtained through the Website, App or Service.

V.        USER ACCOUNT

If you wish to maintain private book club webpages and profile pages, receive reminders for book club meetings and read and post book reviews, you must register and create an account (“Account”) through the Website or App.  In doing so, you are required to create a user ID and password, as well as provide registration information, such as your full name, and additional information in accordance with the registration form prompts (“Account Data”).  You agree to (a) provide true, accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account.  You may not transfer your Account to another person or share it with anyone.  You are responsible for all activities that occur under your Account.  We will not be responsible for any issues that may result if you fail to comply with these requirements.  You agree to notify BookMovement immediately of any unauthorized use of your Account.  Your registration and creation of the Account allows you, subject to these Terms, to use the Website, App and Service. The Website, App and Service may automatically download and install updates from time to time.  These updates are designed to improve, enhance and further develop the Website, App and Service and may take the form of bug fixes, enhanced functions, new software modules and new versions.  You consent to receiving communications from us via email in connection with your use of the Website, App and Service.  You may opt out of receiving certain marketing communications from BookMovement, as discussed further in the Privacy Policy http://www.bookmovement.com/privacyNotice.

VI.       ACCESS

There is no charge to download, install and register for the App or Service or for your use of the Website.  However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services.  In order to use the Website, App or Service, you are required to have a compatible computer, tablet device or mobile phone, internet access, mobile network access, and an Android or iOS operating system.  The software for the Website, App and Service may be upgraded from time to time to add support for new functions and services.  BookMovement reserves the right to stop supporting older versions of the App in its sole discretion and without prior notice.

 

VII.      DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly agree that your use of the Website, App and Service is at your sole risk. Neither BookMovement, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the Website, App or Service will be uninterrupted or error-free; nor do Providers make any warranty as to the results that may be obtained from the use of the Website, App or Service, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided therein.

THIS WEBSITE, APP AND SERVICE ARE PROVIDED BY BOOKMOVEMENT ON AN "AS IS"AND "AS AVAILABLE" BASIS. BOOKMOVEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, APP OR SERVICE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKMOVEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKMOVEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, APP OR SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BOOKMOVEMENT, NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

You hereby acknowledge that this provision shall apply to all content, merchandise, and services available through the Website, App or Service. Given that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

VIII.    ONLINE CONDUCT

You agree to use the Website, App and Service only for lawful purposes. You are prohibited from (i) posting on or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, (ii) uploading or inputting to the Website, App or Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, App or Service, any computer software or hardware or telecommunications equipment; (iii) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) using the Website, App or Service for any unlawful or unsafe purposes; (v) using any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website, App or Service; (vi) transmitting, accessing or communicating any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (vii) modifying, deleting or damaging any information contained on the mobile device or personal computer of any other Users; (viii) infringing on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (ix) using the Website, App or Service in any manner that in our sole judgment, adversely affects the performance or function of the Website, App or Service or interferes with the ability of other Users to access or utilize the Website, App or Service; or (x) undertaking any acts not expressly permitted under the Terms.  You warrant and represent that you undertake to use the Website, App and Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

BookMovement may disclose any Uploaded Content or electronic communication of any kind to satisfy any law, regulation, or government request if such disclosure is necessary or appropriate to (i) operate the Website, App or Service; or (ii) to protect the rights or property of BookMovement, its affiliates and/or its Users.

IX.       TERMINATION OF USAGE

BookMovement may terminate your access, or suspend your access to all or part of the Website, App or Service, without notice, for any conduct that BookMovement, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party, a service provider, or BookMovement.  BookMovement shall have no liability or responsibility for such termination or suspension.

X.        COPYRIGHT INFRINGEMENT

 

We respect the intellectual property rights of others, and require that people who use the Website, App and Service do the same.  It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  For more information, please see our DMCA Policy.

 

            XI.       INDEMNITY

You agree to indemnify, defend and hold BookMovement and its subsidiaries, affiliates, officers, directors, agents, Providers and employees, harmless from any claim, demand, cost or expense, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website, App or Service, or breach of the Terms or the documents it incorporates by reference, or violation of any law or the rights of a third party.  We shall control the defense of any claim arising hereunder through counsel of our choice.

            XII.      APPLICABLE LAW

The Terms shall be governed by and construed under the laws of the State of New York, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, County of New York for any dispute arising out of or relating to use of the Website, App or Service (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such dispute in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

XIII.    ASSIGNMENT

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

XIV.    AMENDMENT

BookMovement may update or amend these Terms from time to time.  Amendments shall be effective upon posting on the Website or on the App.  You are responsible for regularly reviewing these Terms.  Your continued access and use of the Website, App and/or Service following such posting constitutes your consent to be bound by any amended Terms.

 

XV.      SEVERABILITY; ENTIRE AGREEMENT

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The Terms, including all documents referenced herein, represent the entire understanding between you and BookMovement with respect to the use of the Website, App and Service, and supersede any prior statements or representations.  

XVI.    GENERAL

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.  All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to [email protected] or by writing to us at BookMovement, LLC, P.O. Box 527, Bernardsville, NJ 07924. 

 

If you have any questions regarding these Terms of the Website, App or Service, please contact us [email protected].

© 2017 Book Movement LLC. All rights reserved.