using and/or visiting this website (collectively, including all content
available through the BookBrawl.com domain name and any country-specific
domains or subdomains thereof, the "BookBrawl.com Website", or
"Website", or mobile applications accessing BookBrawl.com), you
signify your agreement to (1) these terms and conditions (the "Terms of
Service"), (2) BookBrawl.com's privacy notice,
found at http://www.BookBrawl.com/privacy
and incorporated here by reference, and (3) BookBrawl.com's
Code of Conduct, found at http://www.BookBrawl.com/conduct
and also incorporated here by reference ("Agreement"). If you do not
agree to any of these terms, the BookBrawl.com privacy notice, please do not use the BookBrawl.com Website.
we may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version (http://www.BookBrawl.com/terms).
BookBrawl.com may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
Terms of Service apply to all users of the BookBrawl.com Website, including
users who are also contributors of text content, information, pictures, and any
other materials or services on the Website.
BookBrawl.com Website may contain links to third party websites that are not
owned or controlled by BookBrawl.com. BookBrawl.com has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third-party websites.
order to access some features of the Website, you will have to create a BookBrawl.com
account. You may never use another's account without permission. You are
solely responsible for the activity that occurs on your account and you should
keep your account password secure. You should notify BookBrawl.com immediately of
any breach of security or unauthorized use of your account.
BookBrawl.com will not be liable for your losses caused by any unauthorized use
of your account.
will not create an account if you are under 13 years of age.
will not use BookBrawl if you are a convicted sex
are encouraged to create no more than one account. If Bookbrawl.com determines
that you are using multiple accounts for any malicious activity your accounts
will be immediately terminated.
reserves the right to terminate any account without notice and for any reason.
USE OF THE WEBSITE
BookBrawl.com hereby grants you permission to access and use
the Website as set forth in these Terms of Service, provided that:
agree not to distribute in any medium any part of the Website without BookBrawl.com's
prior written authorization.
agree not to alter or modify any part of the Website.
agree not to access User Work Product (defined below) or BookBrawl.com Content
through any technology or means other than the Website itself.
agree not to use the Website for any commercial use, without the prior written
authorization of BookBrawl.com. Prohibited commercial uses include any of the
following actions taken without BookBrawl.com's
of access to the Website or its related services on another website;
of the Website or its related services for the primary purpose of gaining
advertising or subscription revenue;
sale of advertising, on the BookBrawl.com website or any third-party website,
targeted to the content of specific User Work Product or BookBrawl.com
any use of the Website or its related services that BookBrawl.com finds, in its
sole discretion, to use BookBrawl.com's resources or
User Work Product with the effect of competing with or displacing the market for
BookBrawl.com, BookBrawl.com content, or its User Work Product.
agree not to use or launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," that
accesses the Website in a manner that sends more request messages to the BookBrawl.com
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, BookBrawl.com grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. BookBrawl.com reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website (e.g. comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
your use of the Website, you will otherwise comply with the terms and
conditions of these Terms of Service and all applicable local, national,
and international laws and regulations.
OF CONTENT ON THE SITE
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content on the BookBrawl.com
content on the BookBrawl.com Website, except all User Work Product (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to BookBrawl.com, subject
to copyright and other intellectual property rights under the law. Content on
the Website is provided to you AS IS for your information and personal use only
and may not be downloaded, copied, modified, produced, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, translated, published,
performed or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. BookBrawl.com reserves all
rights not expressly granted in and to the Website and the Content.
may access User Work Product solely (i) for
your information and personal use, and (ii) as
intended through the normal functionality of the BookBrawl.com Service;
may access BookBrawl.com Content, User Work Product and other content only as
permitted under this Agreement. BookBrawl.com reserves all rights not expressly
granted in these Terms of Service.
agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Work Product of third parties obtained through the Website
for any commercial purposes.
agree not to circumvent, disable or otherwise interfere with security-related
features of the BookBrawl.com Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the BookBrawl.com
or the Content therein.
understand that when using the BookBrawl.com Website, you will be exposed to
User Work Product from a variety of sources, and that BookBrawl.com is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Work Product. You further understand and
acknowledge that you may be exposed to User Work Product that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against BookBrawl.com
with respect thereto, and agree to indemnify and hold BookBrawl.com, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
WORK PRODUCT AND CONDUCT
a BookBrawl.com account holder you may submit textual, audio, visual, or
audiovisual content including but not limited to stories, poetry, polls,
profile images, forum messages or instant messages. User submitted content are
collectively referred to as "User Work Product." You understand that
whether or not such User Work Product are published, BookBrawl.com does not
guarantee any confidentiality with respect to any User Work Product.
shall be solely responsible for your own User Work Product and the consequences
of posting or publishing them. In connection with User Work Product, you affirm,
represent, and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize BookBrawl.com to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any
and all User Work Product and have all necessary consents to collect, use and
disclose any personally identifiable information contained or displayed in any
and all User Work Product to enable inclusion and use of the User Work Product in
the manner contemplated by the Website and these Terms of Service.
clarity, you retain all of your ownership rights in your User Work Product.
However, by submitting User Work Product to BookBrawl.com, you hereby grant BookBrawl.com
a worldwide, non-exclusive, royalty-free, transferable license to use,
reproduce, distribute, display, and perform the User Work Product in connection
with the BookBrawl.com Website. You also hereby grant each user of the BookBrawl.com
Website a non-exclusive license to access your User Work Product through the
Website. You understand and agree, however, that BookBrawl.com may retain, but
not display, distribute, or perform, server copies of User Work Product that
have been removed or deleted.
connection with User Work Product, you further agree that you will not submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
and the necessary consents from any individuals whose personally identifiable
information is contained in such material to post the material and to grant BookBrawl.com
all of the license rights granted herein.
further agree that you will not, in connection with User Work Product, submit
material that is contrary to the BookBrawl.com Community Guidelines, found at
http://www.BookBrawl.com/guidelines, which may be updated from time to time, or
contrary to applicable local, national, and international laws and regulations.
does not endorse any User Work Product or any opinion, recommendation, or advice
expressed therein, and BookBrawl.com expressly disclaims any and all liability
in connection with User Work Product. BookBrawl.com does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and BookBrawl.com will remove all Content and User Work Product if
properly notified that such Content or User Work Product infringes on another's
intellectual property rights or contravenes any applicable privacy legislation.
BookBrawl.com reserves the right to remove Content and User Work Product without
will terminate a User's access to its Website if, under appropriate
circumstances, the User is determined to be an infringer.
reserves the right to terminate a User's access to its Website and/or to delete User Work
Product for any reason and without notice.
As part of BookBrawl.com's
copyright policy, BookBrawl.com may terminate user access to the Website and/or remove User Work Product if a
user has been determined to be an infringer. To file a copyright infringement
notification with us, you will need to send a communication to us with all of
the following information in it, using this format:
a statement telling us that you have found content on BookBrawl.com which you
believe infringes your copyright.
us which country your copyright applies to.
us the title of the content concerned and the full URL for its page.
to us in what way that content infringes your copyright.
the type (e.g. a book, a short story, a poem, etc.). and details of (e.g.
title, publisher, dates, etc.) the copyright work which you own the rights in,
and which you believe has been infringed.
contact information so that we can get in touch with you (email address is preferred).
the contact information which we can pass on to the submitter of the
content concerned, so that they can get in touch with you to resolve your
complaint directly (email address is preferred).
the following statement: "I have a good faith belief that use of the
copyrighted work described above is not authorized by the copyright owner (or
by a third party who is legally entitled to do so on behalf of the copyright
owner) and is not otherwise permitted by law. I swear that the information
contained in this notification is accurate and that I am the copyright owner or
have an exclusive right in law to bring infringement proceedings with respect
to its use."
the notice. If you are providing notice by e-mail, a scanned physical signature
or a valid electronic signature will be accepted.
the notice, in English, to the following address: Attn: BookBrawl.com Copyright
Please also note that the information provided in this legal
notice may be forwarded to the person who provided the allegedly infringing
Make sure you know whether the content that you have seen on BookBrawl.com
infringes your copyright. Be aware that there may be adverse legal consequences
in your country if you make a false or bad faith allegation of copyright
infringement by using this process.
If you submit a User Work Product to the BookBrawl.com Service
then you authorize BookBrawl.com to act as your agent to issue take down
notices under the Digital Millennium Copyright Act (the "DMCA") and/or any
other similar legislation that allows for the submission of requests to
Internet service providers for the removal of infringing or allegedly
infringing copyright materials that are contained in or displayed on such
service providers platforms and/or services. In general you will be responsible
for monitoring and enforcing your rights in your User Work Product, however, in
certain cases if BookBrawl.com becomes aware of infringement of User
Work Product and/or Content from the BookBrawl.com Service, then BookBrawl.com
may in its sole discretion elect to issue take down notices under the DMCA or
similar legislation to attempt to curtail such infringement.
AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE BOOKBRAWL.COM WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKBRAWL.COM, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF
DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING BOOKBRAWL.COM) DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL,
STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER
ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR
PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A
RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE
THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. BOOKBRAWL.COM
MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR
MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE BOOKBRAWL.COM WEBSITE. BOOKBRAWL.COM EXPRESSLY DISCLAIMS
ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL
PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND
OWNERSHIP. BOOKBRAWL.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE BOOKBRAWL.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND BOOKBRAWL.COM WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL BOOKBRAWL.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY,
BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOOKBRAWL.COM WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR
PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A
RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE,
EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT BOOKBRAWL.COM SHALL NOT BE LIABLE FOR USER WORK PRODUCT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BookBrawl.com makes no representations that the BookBrawl.com Website is
appropriate or available for use in their locations. Those who access or use
the BookBrawl.com Website do so at their own volition and are responsible for
compliance with local law.
You agree to defend, indemnify and hold harmless BookBrawl.com,
its owners, and its officers, directors, employees and agents, from and against
any and all claims, demands, causes of action, damages, obligations, losses,
liabilities, costs or debt, and expenses, (including but not limited to
reasonable legal fees) arising from: (i) your use of
and access to the BookBrawl.com Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, intellectual property, or privacy
right; or (iv) any claim that one of your User Work Product caused damage to a
third party. This defense and indemnification obligation will survive these
Terms of Service and your use of the BookBrawl.com Website.
TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority
in your jurisdiction of residence, or 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 these Terms of Service, and to abide by and comply with
these Terms of Service. You affirm that you are over the age of 13, as the BookBrawl.com
Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by BookBrawl.com
You agree that: the BookBrawl.com Website shall be deemed a
passive website that does not give rise to personal jurisdiction over BookBrawl.com,
either specific or general. These Terms of Service, together with the Privacy
Notice at http://www.BookBrawl.com/privacy and any other legal notices
published by BookBrawl.com on the Website, shall constitute the entire
agreement between you and BookBrawl.com concerning the BookBrawl.com Website.
If any provision of these Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term or any
other term, and BookBrawl.com's failure to assert any
right or provision under these Terms of Service shall not constitute a waiver
of such right or provision. BookBrawl.com reserves the right to amend these
Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the BookBrawl.com
Website following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED
BY LOCAL LAW, YOU AND BOOKBRAWL.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE BOOKBRAWL.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS