RETHINK BOOKS, INC.
BOOKSHOUT! TERMS OF SERVICE
Last Revised: October 10, 2012
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE BOOKSHOUT! WEBSITE, APPLICATIONS AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE BOOKSHOUT! WEBSITE, OUR APPLICATIONS OR ANY SERVICES PROVIDED BY US.
These terms of service ("Terms") apply to your access and use of the BookShout! website of Rethink Books, Inc. ("Rethink Books", "we", "our" or "us") located at http://bookshout.com (the "Site") and Rethink Books' BookShout! platform, products, services and on-line and mobile applications (collectively, the "Services"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with Rethink Books for the Services. If you are using the Site and the Services on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and Rethink Books for violations of the Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site or the Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site or being made available via the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended Terms, you must stop using the Site and the Services.
If you have any question regarding the use of the Site or any of the Services, please email us at firstname.lastname@example.org.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of any books or other products/services via the Services. By buying books or other products/services through the Site or the Services, you agree to be bound by and accept the Terms of Sale. Since the Terms of Sale are subject to change without prior notice at any time (in Rethink Books' sole discretion), you should review the Terms of Sale each time you make a purchase.
Credits & Gift Cards
Any credits granted through the http://bookshout.com or any value associated with a Rethink Books, Inc. dba BookShout! gift card cannot be redeemed for cash unless required by applicable law. Further, unless prohibited by law, all credits and gift cards will expire in accordance with the terms of applicable website campaign or as provided on the gift cards.
Registration Data & Other Information Provided by You
As part of the functionality of BookShout!, you are required to generate your BookShout! account with your external social networking site online (e.g., Facebook) ("Third Party Account") by either: (a) providing your Third Party Account login information through BookShout!; or (b) allowing BookShout! to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You acknowledge and agree that you may not be able to view or access your Third Party Content via BookShout! without linking your BookShout! account to one more Third Party Accounts (e.g., your Twitter account or Facebook account). You represent and warrant that you are entitled to disclose your Third Party Account login information to BookShout! and/or grant BookShout! access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BookShout! to pay any fees or making BookShout! subject to any usage limitations imposed by such third party service providers. By granting BookShout! access to any Third Party Accounts, you understand that: (i) BookShout! will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through BookShout! via your BookShout! account; and (ii) BookShout! may submit and receive additional information to your Third Party Account to the extent you are notified when you link your BookShout! account with the Third Party Account.
User Content and Your Conduct
The Site and the Services include forums and other interactive areas or services ("Interactive Areas") in which you or other users create, post or share content, book reviews, materials, data, information, text, photos and/or other materials ("User Content"). You are solely responsible for your use of such Interactive Areas and the User Content you share.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Site or the Services;
- Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Site or the Services without Rethink Books' express written consent; and
- User Content that exploits minors in any way or that exhibits cruelty to animals.
You further agree that you are solely responsible for your conduct while on the Site and the Services, and you agree that you will not do any of the following in connection with the Site, the Services or the users of the Site and/or the Services:
- Use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services or that could damage, disable, overburden or impair the functioning of the Site or the Services in any manner;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Flag content or report abuse for improper purposes or without good reason;
- Collect any personal information about other users (except as specifically authorized by Rethink Books), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Site or the Services;
- Use the Site or the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Rethink Books;
- Create an account or post any content if you are not over 13 years of age or purchase any items/products if you are not over 18 years of age;
- Modify, adapt, hack or emulate the Site or the Services;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site, the Services or users of the Site or the Services or third parties; and
- Infringe upon or violate the rights of Rethink Books, its users or any third party.
Additional eBook Terms:
- You represent and warrant that own all eBooks that you import into the Services (or that you otherwise have the right to important into and use with the Services all eBooks that you import into the Services and use in conjunction with the Services); and
- You represent and warrant that each eBook you import into and use with the Services have been legally purchased from an entity or individual legally authorized to sell you such eBook.
Rethink Books takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or uploaded on the Site or the Services, nor is Rethink Books liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas, the Services and the Site is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at Rethink Books' discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or the Services will not contain any content that is prohibited by such rules.
Although Rethink Books does not control and has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Rethink Books reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or made available via the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site (or make available via the Services) at your sole cost and expense. Any use of the Site or the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, the Services and/or the Site. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features on the Site or the Services does not imply any endorsement of such feature, the Site, the Services or Rethink Books unless explicitly stated otherwise.
Except as specifically provided otherwise in the Terms, on the Site, or in an agreement between you and Rethink Books, you retain ownership of the User Content you post on the Site or make available via the Services. However, if you post User Content to the Site or via the Services, you grant Rethink Books and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Site and the Services. This includes, without limitation, the right to reproduce, republish and otherwise use and exploit for profit any posts you make and any postcards or other creative materials you create on the Site or via the Services without compensation to you. You also grant Rethink Books and its affiliates and sublicensees the right to use your name, likeness, voice and identity, in the form provided by you, in connection with the use of such User Content. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with such User Content or other features of the Site and the Services does not imply any endorsement of the Site, the Services or of Rethink Books unless explicitly stated otherwise. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and the Services and grant the rights granted in the Terms; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Third Party Content
Rethink Books may provide third party content on the Site (or via the Services) and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Rethink Books does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Rethink Books is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Rethink Books or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Rethink Books logo or other proprietary graphic of Rethink Books to link to this Site without the express written permission of Rethink Books. Further, you may not use, frame or utilize framing techniques to enclose any Rethink Books trademark, logo or other proprietary information, including the images found at the Site (or via the Services), the content of any text or the layout/design of any page or form contained on a page on the Site and the Services without Rethink Books' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Rethink Books or any third party. Rethink Books makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or the Services, or websites linking to the Site or the Services. Such sites are not under the control of Rethink Books and Rethink Books is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Rethink Books provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Rethink Books of any site or any information contained therein. When you leave the Site or the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or the Services.
Advertisements and Promotions; Third Party Products and Services
Rethink Books may run advertisements and promotions from third parties on the Site (or via the Services) or may otherwise provide information about or links to third-party products or services on the Site (or via the Services). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Rethink Books is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Rethink Books advertisers or third party information on the Site (or accessible via the Services).
The Rethink Books and BookShout! logos or slogan contained in the Site (or made available via the Services) are trademarks of Rethink Books and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rethink Books or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Rethink Books" or any other name, trademark or product or service name of Rethink Books without our prior written permission. In addition, the look and feel of the Site and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Rethink Books and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site (or made available via the Services) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Copyright and Limited License
Unless otherwise indicated on the Site (or made available via the Services), the Site, the Services and all content and other materials on the Site (or made available via the Services), including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property of Rethink Books or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site, the Services and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, not for resale and personal use only. The license is subject to the Terms and does not include: (a) the collection and use of any product listings, pictures or descriptions; (b) any resale or commercial use of the Site, the Services or the Site Materials therein; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site, the Services and the Site Materials (or any portion thereof); (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Services (where applicable), the Site Materials or any information contained therein, except as expressly permitted on the Site (or via the Services); or (g) any use of the Site, the Services or the Site Materials other than for its intended purpose. Any use of the Site, the Services or the Site Materials other than as specifically authorized in the Terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in the Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Site Materials, the Interactive Areas and/or the Services; (ii) your conduct; (iii) your violation of the Terms or your violation of the rights of any third party; or (iv) any User Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS AND THE SERVICES ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS OR THE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS AND THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
RETHINK BOOKS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE RETHINK BOOKS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE, THE SITE MATERIALS AND THE SERVICES SAFE, RETHINK BOOKS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Rethink Books reserves the right to change any and all content contained in the Site (or made available via the Services) and to modify, suspend or discontinue the Site, the Services or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Rethink Books.
Limitation of Liability
IN NO EVENT WILL RETHINK BOOKS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, USER CONTENT, ANY HYPERLINKS AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RETHINK BOOKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RETHINK BOOKS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF RETHINK BOOKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, USER CONTENT, ANY HYPERLINKS AND/OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Rethink Books FOR ACCESS TO OR USE OF THE SITE.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Rethink Books has adopted a policy of terminating, in appropriate circumstances and at Rethink Books' sole discretion, subscribers or account holders who are deemed to be repeat infringers. Rethink Books may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Site infringes upon any copyright which you own or control, or that any link on the Site directs users to material that infringes upon any copyright which you own or control, please follow our Notice and Procedure for Making Claims of Copyright Infringement as set forth in our Copyright Policy [Add Link to Copyright Policy].
Applicable Law and Venue
The Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms will be filed only in the state and federal courts located in Dallas, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms.
We have the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
Questions & Contact Information
Questions or comments about the Site may be directed to us at the email address email@example.com.