Book Movement

 
TERMS OF USE

Welcome to the Terms of Use for BookMovement, LLC. This Terms of Use describes the terms and conditions applicable to yours and other users (collectively, "User") use of our services available under the domain and sub-domains of bookmovement.com. If you do not agree to be bound by the terms and conditions of this Terms of Use, do not use or access our services. User must read, agree with and accept all of the terms and conditions contained in this Terms of Use, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of or use bookmovement.com.

I. TRADEMARKS

Bookmovement.com, INSTA-ship service, Authors Discovered, Hollywood Undercover are all service marks of BookMovement, LLC or its affiliates, all rights reserved. These and other BookMovement graphics, logos and service marks and trademarks of BookMovement, LLC and its affiliates may not be used without prior written consent of BookMovement, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on bookmovement.com are the property of their respective owners.

II. CONTENT
a. PROPRIETARY RIGHTS

User acknowledges that bookmovement.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BookMovement, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may 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, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT

Except as set forth in Section III a. above, User may upload to or otherwise distribute on bookmovement.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User 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, LLC, nor its affiliates, nor any of their officers, directors, employees, agents, 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 such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement corrections@bookmovement.com to bookmovement.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted bookmovement.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the 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 Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on bookmovement.com retains any and all rights which may exist in such Content.

c. THIRD-PARTY CONTENT

BookMovement, LLC is a distributor and not a publisher of Content supplied by third parties and Users. BookMovement, LLC has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of bookmovement.com, are those of the respective authors or distributors and not of BookMovement, LLC or its affiliates or any of their officers, directors, employees, or agents. BookMovement, LLC nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of bookmovement.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through bookmovement.com represents the opinions and judgments of the respective Provider, or User not under contract with BookMovement, LLC. BookMovement, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on bookmovement.com by anyone other than authorized BookMovement, LLC employees. Under no circumstances shall BookMovement, LLC, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through bookmovement.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through bookmovement.com.

III. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of bookmovement.com is at User's sole risk. Neither BookMovement, LLC, 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 bookmovement.com will be uninterrupted or error-free; nor do Producers make any warranty as to the results that may be obtained from the use of bookmovement.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through bookmovement.com.

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

Under no circumstances shall BookMovement, LLC or any other party involved in creating, producing, or distributing bookmovement.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use bookmovement.com, including but not limited to reliance by a User on any information obtained from BookMovement, LLC 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 BookMovement, LLC's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through bookmovement.com. Because 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.

IV. ONLINE CONDUCT

User agrees to use bookmovement.com only for lawful purposes. User is prohibited from posting on or transmitting through bookmovement.com 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.

If BookMovement, LLC is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review or book review club), BookMovement, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from bookmovement.com. BookMovement, LLC may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate bookmovement.com; or (iii) to protect the rights or property of BookMovement, LLC, its Users or Providers.

BookMovement, LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, BookMovement, LLC, or any rights of BookMovement, LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BookMovement, LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither BookMovement, LLC, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on bookmovement.com.

V. TERMINATION OF USAGE

BookMovement, LLC may terminate User's access, or suspend any User's access to all or part of Bookmovement.com, without notice, for any conduct that bookmovement.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Bookmovement.com.

VI. PRIVACY POLICY

In accordance with the terms of BookMovement.com's Private Policy, http://www.bookmovement.com/info/privacy.html, which is incorporated herein by reference, BookMovement respects the privacy of its users. When using BookMovement.com, you are agreeing with the terms and conditions of this privacy policy.

VII. USAGE BY CHILDREN UNDER 18

BookMovement.com provides adults with the service of purchasing our products and services through our site. BookMovement requires that all purchasers or users of our services are over the age of 17. When a purchase is made on the BookMovement.com site or our services are utilized, the purchaser or individual is representing to BookMovement.com that he or she is over the age of 17.

VIII. INDEMNITY

User agrees to indemnify and hold BookMovement, LLC and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of User's breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

IX. APPLICABLE LAW

This site is created and controlled by BookMovement, LLC in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. BookMovement, LLC reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User 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 for any litigation arising out of or relating to use of or purchase made through BookMovement, LLC (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

X. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use 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. ACKNOWLEDGMENT: The Terms of Use, including all documents referenced herein, represents the entire understanding between you and bookmovement.com regarding your relationship with BookMovement, LLC and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the bookmovement.com web site. The aforementioned Terms of Use are subject to change.

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