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Use of the Bookocracy Service (as defined in section 2), and your agreement to access or use any of the content made available to you, the reader by means of the Service, is subject to the following terms and conditions. This Terms of Use also addresses the terms and conditions for Authors to participate and offer their books under the Bookocracy Service. Whether you are a reader or an Author, please read them, and the policies referenced herein, carefully.
Bookocracy Ltd ( “Bookocracy” or “we”), is providing you with the Service on a subscription basis which includes access to digital versions of certain digital books (“Digital Books” written by participating authors (the “Authors”) on the condition that you agree with and accept all of the terms and conditions set out below. The Digital Books may also be collectively referred to as “Digital Content”. Digital versions of the books offered shall be sold on a chapter by chapter basis or full Digital Books. These terms and conditions of use ( “Terms and Conditions”), together with all updates, Bookocracy’s Content Policy and the Bookocracy Privacy Policy, (“Privacy Policy”) as amended from time to time and hereby deemed to be incorporated, shall constitute the “Agreement” or “Terms of Service.” We have our registered office at 30455 N. Crowe Rd., Athol, Idaho 838901.
Our Services are made available to users who are aged 18 or above. If you are under the age of 18, please do not continue with your account creation and Bookocracy subscription.
Bookocracy provides you with access to (i) its systems, software and separate reading software apps; (ii) the Bookocracy platform ( “Platform”) as further detailed in clause 4; and (iii) Digital Content (collectively, the “Service”). To access the Digital Content, you, or someone else on your behalf, may purchase access to the Digital Content for you. Once you have accessed your chosen Digital Content online, you have the ability to view it via our Platform. Viewing Digital Content is explained in greater detail below.
The Service consists of software systems and reading apps ( “Software”), documentation, fonts and digital content provided by Bookocracy and its licensors including third party publishers, Authors, all of which are included, where applicable, in the Service and are licensed to you by Bookocracy for use only under these terms and conditions. Bookocracy and/or Bookocracy’s licensors, Authors and publishing partners retain ownership of the Bookocracy Software and Digital Content and any other component of the Service itself and reserve all rights not expressly granted to you. Bookocracy, at its discretion, may make available future updates to the Service. The Bookocracy Software and Service updates, if any, may not necessarily include all existing software features or new features that Bookocracy releases for newer browser versions or other devices. The terms of this License will govern any Software updates provided by Bookocracy that replace and/or supplement the original Bookocracy Software product unless such updates are accompanied by a separate license in which case the terms of that license will govern such updates.
You the Reader shall be able through the Platform to purchase credits at ten cents USD ($0.10) in credit and in bulk to read chapters (“Chapters”) of the Digital Books. Each Chapter will cost one credit to read on the Platform. You the Reader can also use your credits to vote for your favorite Digital Books and the winning Authors will have the opportunity to win a cash prize for a particular month. You the Reader will use your credits to read Digital Books written and offered through the Bookocracy Platform by our Authors. Authors will be paid a fifty percent (50%) in USD for every credit spend on their Digital Book. The Company earns its revenue through you the Reader’s credit purchases, votes and the Author’s ten dollar ($10.00 USD) Digital Book upload fee. Authors provide the Digital Books. You the Reader subscribe by creating an account with Bookocracy and purchasing credits. You can be both an Author and a Reader and you as a Reader may also upload your own Digital Book.
Each Reader receives five (5) Cotes per month and each Reader can use their Cotes to vote on any Digital Book they wish to vote on. Readers can use up to three (3) Cotes per Digital Book reflecting how much you the Reader enjoyed a particular Digital Book. Votes do not roll over after a month. You the Reader do receive 5 new Cotes at the beginning of every month that you are a subscriber on the Bookocracy Platform.
The Author who receives the most Votes for any given month shall win an award of a cash prize or other prizes at the sole discretion of Bookocracy. There will be multiple competitions within the Platform that include but are not limited to:
Most Votes received
Most total Chapter Reads
Most finished Digital Book Reads
Categories per Genre
You the Reader can buy credits for $0.10 per credit to buy Chapters of the Digital Books, to Use to send a gift to the Author and any other purpose now or in the future that Bookocracy develops and or designs.
Bookocracy will share equally 50/50 the cash value of all Credits. For example if you the Reader purchases and applies a Credit to by a Chapter the Author of the Chapter will receive ½ a Credit at a $0.05 value and Bookocracy will receive the other ½ Credit at the same $0.05 value. The same split will apply for Gifts and total Digital Book reads where applicable at Bookocracy’s sole discretion.
A Payout will occur only when an Author has accumulated at least $25.00 USD in their digital Bookocracy Wallet as of the first day of any given month. If an Author has less than $25.00 USD then they must earn at least $25.00 in their Wallet by the next month in order to receive payment.
Readers and Authors both create accounts by logging into the Bookocracy Platform either to purchase Chapters and Digital Books as Readers or to upload Digital Books as Authors.
The Bookocracy Platform provide you either the Reader or Author with a unique way to access Bookocracy Digital Books. In addition to linking Digital Content to the Platform from Bookocracy, you are able to upload and embed content to the Platform which shall be visible to third parties with whom you’ve shared the Platform. Uploaded and embedded content ( “User Content” as defined further below) is subject to clause 5 below as well as our Content Policy, as updated by Bookocracy from time to time.
Features of the Bookocracy Platform may be updated or removed from time to time.
For purposes of these Terms of Service: (i) “Bookocracy Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Bookocracy and (ii) “User Content” means any uploaded or embedded content that you either the Reader or the Author provide to the Platform to be made available through the Service, including personal data. Collectively, Bookocracy Content and User Content are referred to as “Content”.
Our Content Ownership: Bookocracy does not claim any ownership rights in any User Content and nothing in these Terms and Conditions will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Bookocracy and its licensors exclusively own all right, title and interest in and to the Service and Bookocracy Content, including all associated intellectual property rights. You acknowledge that the Service and Bookocracy Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Bookocracy Content.
Rights in User Content Granted By You: By making any User Content available through the Service, you hereby grant to Bookocracy a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Bookocracy Content to you and to other users, individuals, and/or organizations. Subject to the foregoing license, as between Bookocracy and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Third Party Content, then the ownership of such Third Party Content may be as set forth in any agreement between you and the third party, and in the absence of such agreement, then as between you and the third party, the third party may own the rights to any such Third Party Content. For the purposes of this clause 5, references to User Content shall include Third Party Content uploaded by you.
Your Responsibility for User Content: You are solely responsible for User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms and Conditions. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Bookocracy on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party. You accordingly indemnify Bookocracy for any losses suffered by Bookocracy resulting from any claim against Bookocracy for any breach of any third party intellectual property rights relating to User Content provided by you.
Sharing User Content: Your User Content shall be public once you create and share a Shared Link. You agree that once shared, your User Content will be accessible by and be available to other users of the Service to whom you grant access/provide the Shared Link to. Consequently, you understand and agree that such users will have the right to view, comment on and tag your User Content. You understand and agree that such users may have the right to use, publish, display, modify, or duplicate such User Content. You grant Bookocracy all rights necessary to make any of your User Content available to third parties and to permit those third parties to engage in the activities described herein.
Removal of User Content: You can remove your User Content by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in clause 20 (Termination) below.
Bookocracy Content Policy and Monitoring Content: You agree that your User Content will comply with Bookocracy’s Content Policy. Although we’re not obligated to monitor access to or use of the Service or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and Conditions and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Digital Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or User Content to be objectionable or in violation of these Terms and Conditions or our Content Policy. We have the right to investigate violations of these Terms and Conditions or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
By clicking the check box labelled “Yes, I agree to the Bookocracy Terms of Service” when you first access the Service, you will be entering into a binding legal agreement as detailed in this Agreement and its accompanying Privacy Policy. If you do not agree to the terms of this Agreement do not access the Bookocracy Reader apps and / or use the Service. If you have any questions about the terms and conditions in this Agreement contact us at help@Bookocracy.com.
We may, on providing notice either by email or on the Bookocracy platform, amend and/or update these Terms and Conditions from time to time. Your continued use of the Bookocracy Platform following such amendment or updating of these Terms and Conditions will be considered as your agreement to and acceptance of such changes.
Bookocracy will guide you the Reader and the Author through the process of participating on the Bookocracy Platform. Before completing your purchases of credits, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible by email: help@Bookocracy.com . If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. We will not be responsible for any delay in the availability of the Service that results from you providing incorrect or incomplete information.
In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why by email.
In some limited circumstances, we may need to suspend the provision of the Service (in full or in part) for one or more of the following reasons:
a. To fix technical problems, apply new versions of our software, or to make necessary minor technical changes; or
b. To update the Service to comply with relevant changes in the law, the requirements of anyone holding rights to the Service, or other regulatory requirements.
If we need to suspend availability of the Service for any of these reasons, we will inform you in advance of the suspension and explain why it is necessary.
We may suspend provision of the Service if we do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of our notice, we may suspend provision of the Service until we have received all outstanding sums due from you. If we do suspend provision of the Service, we will inform you of the suspension. You will not be charged for any Service while provision is suspended.
We may suspend or terminate your participation on the Bookocracy Platform if you breach the Agreement. We value our engagement with our community of Readers and Authors and will make every effort to be sensible and proportionate when considering any breaches.
If there is a problem with the Service, please contact us at help@Bookocracy.com or visit the Contact page on Bookocracy.com to inform us of the problem.
Refunds (whether full or partial, including reductions in price) under this Section 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
Refunds under this Section 8 will be made using the same payment method that you used when purchasing your participation on the Bookocracy Platform.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Except where you are in a Free Trial Period, payment for your Subscription shall be taken immediately on your order being accepted, and thereafter at regular intervals until you cancel your subscription in accordance with the Agreement. Where you have not cancelled a Subscription during a Free Trial Period, the first payment will be taken on after your order is accepted following the expiry of any Free Trial Period (or immediately, if there is no Free Trial Period) and thereafter at regular intervals consistent with your Subscription Period until you cancel your Subscription in accordance with the Agreement.
You will be provided access to the Service from the moment that you activate your Subscription by submitting your payment details and accepting these Terms and Conditions of Service.
Consumer Right to Cancel - For most services bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013. If you change your mind about your Subscription, You can cancel your order up to 14 days after the day we email you to confirm we accept your order.
By placing your order, you are asking us to commence providing the Service immediately. If you cancel after we start providing the Service, you must pay us for the days which have elapsed from the date of our accepting your order until the time you cancel. So for example, if you take out a monthly subscription, and cancel after 10 days, we will refund you (using the same payment card you used to pay for the Service) two-thirds of your initial payment. Your refund will be made within 14 days of your cancellation.
If you do not make any payment due to us on time, we will suspend your access to the Service. If you do not make payment within 7 days of our reminder, we may cancel the Subscription. Any outstanding sums due to us will remain due and payable.
If you believe that we have charged you an incorrect amount, please contact us at help@Bookocracy.com as soon as reasonably possible to let us know.
You may cancel your Subscription at any time. You will continue to have access to the Service for the remainder of your current Subscription (up until the renewal date, as applicable), at which time the Subscription will end.
We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.
You may end your participation on the Bookocracy Platform at any time if we have informed you of a forthcoming material change to your participation on the Bookocracy Platform, or to these Terms of Service, that you do not agree to. If the change is set to take effect or apply to you before the end of your current participation on the Bookocracy Platform, we will issue you with a pro-rated refund equal to monies you have paid for Votes and or Credits. If the change will not take effect or apply to you until the expiry of unused your participation on the Bookocracy Platform, participation on the Bookocracy Platform will end at the end of participation on the Bookocracy Platform period and you will continue to have access to the Service until that date.
If we have suspended availability of the Service for more than 7 days, or we have informed you that we are going to suspend availability for more than 7 days, you may end participation on the Bookocracy Platform immediately. If you end participation on the Bookocracy Platform for this reason, we will issue you with a pro-rated refund.
You also have a legal right to end participation on the Bookocracy Platform at any time if we are in breach of the Agreement. You may also be entitled to a full or partial refund and compensation.
Refunds under this Section 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when you participate on the Bookocracy Platform
As a user of the Bookocracy Platform, you are granted a personal, non-exclusive, non-transferable, limited license to access and use the Service and access and use the Digital Content that you or someone on your behalf has purchased access to for you, and to reproduce and store portions of that Digital Content for your personal, non-commercial use, all according to the terms and conditions of this Agreement. In addition, as a customer, you may:
View all Digital Content that you have access to for the purchase term;
Personalize the Bookocracy experience by creating bookmarks and adding personal will notes.
Digital Rights Management: The Bookocracy Platform software contains software code used for performing operations on content protected by Digital Rights Management ( “DRM Content”). You agree not to perform any actions in, with or upon Bookocracy Platform that are performed for the purpose of subverting DRM Content.
Publication Downloads To prevent the reverse engineering or mass scrapping of Digital Content and the Bookocracy Services, where you have the ability to download publications to your mobile or other relevant device, such downloads will be limited at Bookocracy’s sole discretion.
No Ownership Rights: You are only granted a limited right to access the Digital Content in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Software, the Service and the Digital Content shall at all times remain vested in Bookocracy, its licensors and if applicable - the publishers and Authors of the Digital Content, as applicable. Your use of the Service does not give you any ownership rights in any part of the Service or for the avoidance of doubt the Digital Content. In addition, you agree you may not, nor permit any third party to, rent, lease, lend, sell, redistribute or sublicense the Bookocracy Software, Service or Digital Content. You may not, and will not permit any third party to, copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Bookocracy Platform, any updates, or any 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 sourced components included with the Bookocracy Platform). Any attempt to do so is a violation of the rights of Bookocracy and its licensors, in violation of this Agreement and may be subject to prosecution and damages.
To the extent that any part of the Service may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use, display or publicly perform such content.
Third Party Acknowledgements Portions of the Service and Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Bookocracy Platform, and your use of such material is governed by their respective terms.
Personal Use of the Service You also agree that the Service is provided for your own personal use. You also agree that you will not share your password to, or any printed portions of, the Service or any Digital Content with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not make print or electronic copies of any portions of the Digital Content for anyone other than yourself to use, nor will you employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce Digital Content.
Removal of Digital Content. You agree that Bookocracy may, at any time and with or without prior notice, remove Digital Content or other content from the Service and/or withdraw or remove features of the Service if Bookocracy determines that, in its sole discretion, it does not possess the appropriate or necessary rights or for legal or regulatory reasons is no longer able to provide you with access to such Digital Content. In the event Bookocracy elects to remove any Digital Content from the Service, we will do what we reasonably can to provide you with alternative similar content, and you agree that you will not be entitled to a refund for the removed Digital Content. You are advised to maintain back-up copies of any personal notes you may incorporate in order to personalize the Bookocracy experience in order to avoid these being lost in the event Bookocracy elects to remove any Digital Content from the Service in accordance with this paragraph.
Unauthorized Use of Your Account You agree to promptly notify Bookocracy of any known or suspected unauthorized use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to help@Bookocracy.com. Bookocracy shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.
Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:
posting, uploading, publishing, submitting or transmitting any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to any liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
redistributing, reselling or sharing the Digital Content from the Service
indexing scraping or using WebCrawler or any other similar software
making mass, automated or systematic extractions from the Service
violating applicable laws and regulations
using the Service to harm minors
interfering with others’ use of the Service
using the Service to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service
using the Service to create a false identity or to impersonate another person
using the Service to advertise or promote other Internet sites or services or any other business or activity
In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service. The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem, acting reasonably, to be inappropriate, objectionable or impairing a third party’s use of the Service or threatening the integrity or security of the Service.
Enforcement of These Terms Except as described in this paragraph, any other use of the Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable laws and regulations. In addition, you agree that Bookocracy has the right, without liability to you, to disclose any Registration Data (as defined in paragraph 11 below) and/or account information to law enforcement authorities, government officials, and/or a third party, as Bookocracy believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Bookocracy’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
Except as otherwise expressly provided for in this Agreement, the Service is subject to Bookocracy’s Privacy Policy which policy is expressly made part of this Agreement. If you have not already read Bookocracy’s Privacy Policy you should do so now.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ( “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Bookocracy may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Bookocracy may store and use the Registration and Payment Data you provide (including credit or debit card information) for use in maintaining your accounts and billing fees to your credit or debit card.
You hereby grant to us a non-exclusive, royalty-free, perpetual, worldwide license to host, use, copy, store, collect, process, transmit, retain, publish, and display your data: (i) to the extent permitted in these terms, or as otherwise necessary for the purposes of the provision of any part of the Service to you; or (ii) to enable us to perform our obligations hereunder, or under any third-party license.
You hereby grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your data on an anonymous basis, such that we may aggregate such anonymized data with the anonymized data of other customers, and any third parties. Ownership of such anonymized and aggregated data, and all intellectual property rights thereto, will belong to us, or shall immediately vest in us upon its creation (as the case may be).
Digital Content is protected by intellectual property rights You agree that the contents of the Digital Content are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to Bookocracy and the various publishers (the “Publishers”) and authors (the “Authors”) whose content is being made available to you as Digital Content, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or developed in the future. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Bookocracy website and platform are protected trademarks, trade dress or other rights of Bookocracy and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Bookocracy or the other owners of the rights.
You agree that you will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the Digital Content, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair dealing provisions of United States copyright law.
The Service is intended to be an innovating and dynamic on-line publishing environment and may amend, withdraw or remove features of the Service at any time, and without prior notice to you
Bookocracy may terminate your use of the Service for your breach of this Agreement and no refund of any fees will be made. If Bookocracy terminates the Agreement for any other reason, Bookocracy will make a refund of fees paid by you for Votes and Credits at its sole discretion.
Upon termination for any reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Bookocracy.
Upon requesting to delete a Platform or on termination of your use of the Service for any reason, all User Content from such Platform will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content, after 30 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to a separate Platform of a third party shall be retained in such Platform following termination/deletion of your Platform. The foregoing principles shall apply to all User Content save for where such User Content has been reported as infringing the terms set out herein or our Content Policy.
Entire Agreement We intend to rely upon the Agreement as the entire understanding between you and us relating to the Service.
Force Majeure. Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
Disclaimer of Warranties. The Service and all materials, information, software, facilities, services and content in the Service, including without limitation the Digital Content, are provided “as is” and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Service is entirely at your own risk. In particular, we do not expressly promise that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected or that the Service or the servers that may be used to make the Service available are free of viruses or other harmful components. We do not promise or make any representations regarding the use of the results of the use of the material, information, software, facilities, services and content in the Service, including without limitation the Digital Content or any other content that you may access, or any websites linked to the Service in terms of their correctness, accuracy, reliability or otherwise. We make no promises that your use of the materials, information, software, facilities, service and content in the Service, including without limitation the Digital Content or any other content or any website will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Service, including without limitation the Digital Content, or any other website or content. This paragraph does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.
Limitations of Liability We will only be required to compensate you for any loss or damage you may suffer in connection with the Service if: (a) we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence); and (b) such failure is not attributable to: (i) your own fault; (ii) a third party unconnected with our performance of this Agreement (e.g. problems due to your network provider or the performance of your access equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or prevented even if we or they had taken reasonable care, (iv) any Digital Content or other content provided to you by the Service from a third party publisher. As this Service is for non-commercial use only, our liability shall not in any event include losses related to any business such as lost profits or opportunity or business interruption. Let us know of any problems you have as soon as reasonably practicable. Claims may be reduced or rejected if you delay unreasonably or if we have not been given an opportunity to put matters right
Nothing in these Terms of Service seek to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
Infringing Material If you have any copyright or other concerns about any materials posted or made available to you as part on the Service, please let us know at help@Bookocracy.com.
Assignment We may transfer our rights and obligations under the Agreement to another organization. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Severability. If a court finds part of the Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No Waiver. Even if we delay in enforcing the Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law, jurisdiction and venue of the State of Idaho.