We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the BookGems.com website. 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”).
Use of Service:
Book Gems provides a place for you to discover books and authors.
You do not have to register in order to visit Book Gems. To access certain features of the Service, though, including posting book reviews, and commenting on other members’ reviews, you will need to register with Book Gems 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 Book Gems 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 Book Gems 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.
In order to protect our Members from unsolicited advertising or solicitation, Book Gems reserves the right to restrict the number of communications that a Member may send to other Members in any 24-hour period to a number that Book Gems deems appropriate in its sole discretion.
Book Gems 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 Book Gems’ 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.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Book Gems’ sole discretion. You agree that Book Gems will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other Book Gems Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Book Gems shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, “post”) reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses (“User Content”). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. Book Gems reserves the right to monitor, reject and/or remove any User Content at any time. For example, Book Gems may, but is not obligated to, reject and/or remove any User Content that Book Gems believes, in its sole discretion, violates these provisions.
Book Gems 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. Book Gems 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 Book Gems shall not be liable for any damages you allege to incur as a result of such User Content. Book Gems may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
License and Grant
By posting any User Content on the Service, you expressly grant to Book Gems 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 Book Gems for all claims resulting from content you supply.
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 (the “Book Gems Content”), and all intellectual property Rights related thereto, are the exclusive property of Book Gems 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 Book Gems 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. By submitting any such comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Book Gems 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, Book Gems does not waive any rights to use similar or related ideas previously known to Book Gems, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. These fees and charges, if any, are described on the website. If you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. Book Gems may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Refunds. You may cancel your Book Gems Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Book Gems has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Book Gems suspends or terminates your Book Gems Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your Book Gems Account, or for anything else. You acknowledge that Book Gems has the perpetual and irrevocable right to delete any or all of your content and data from Book Gems’ servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
Third Party Websites, Advertisers or Services
Additionally, your dealings with or participation in promotions of advertisers found on Book Gems, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Book Gems 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 Book Gems 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 United States 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.
Copyright Infringement Policy
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.
Book Gems’ Copyright Agent for notice of claims of copyright infringement on its site can be reached via email:
Please note that this procedure is exclusively for notifying Book Gems and its affiliates that your copyrighted material has been infringed.
Limitation of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, SERVICE PROVIDER AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SERVICE PROVIDER DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT SHALL SERVICE PROVIDER AND/ OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR INFORMATION AVAILABLE FROM SERVICE PROVIDER THROUGH THIS WEBSITE.
Release and Indemnification
You release us and our officers, directors, agents, employees, consultants, affiliates, joint ventures, licensors, suppliers, advertisers, and sponsors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your breach of this Agreement and your activities in connection with the Website.
You will indemnify and hold us and our officers, directors, agents, affiliates, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of this Agreement and your use of the Website.