BookBump Terms and Conditions

1. Acceptance of Terms

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BookBump provides users with access to various tools which may be accessed through various mediums or devices now known or hereafter or developed (the “Service”). You understand and agree that the Service is provided “AS-IS” and that BookBump assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization. BookBump provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.


2. Your Registration Obligations

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You agree to: (a) provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or BookBump has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BookBump has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


3. Privacy Policy

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Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.bookbump.com/privacy.php.


4. Member Account, Password, and Security

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You will receive a password and account upon completing registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BookBump of any unauthorized use of your password or account or any other breach of security. BookBump cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.


5. Copyright and Limited License

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Unless otherwise indicated, all content and other materials of the Service, including, without limitation, the logo, and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of BookBump or its 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 Service and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Materials for your informational, non-commercial and personal use only Such license is subject to the TOS and does not include: (a) any resale or commercial use of the Service or the Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Materials, (d) modifying or otherwise making any derivative uses of the Service and the 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 Service, the Materials or any information contained therein, except as expressly permitted by BookBump; or (g) any use of the Service or the Materials other than for its intended purpose. Any use of the Service or the Materials other than as specifically authorized herein, without the prior written permission of BookBump, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in the TOS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.


6. Member Conduct

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You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BookBump, are entirely responsible for all Content that you post, transmit or otherwise make available via the Service. BookBump does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BookBump be liable in any way for any Content, including, but not limited to, for 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 Service. You acknowledge, consent and agree that BookBump may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BookBump, its users and the public.


7. Indemnity

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You agree to indemnify and hold BookBump, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


8. No Resale of Service

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You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


9. General Practices Regarding Use and Storage

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You acknowledge that BookBump may establish general practices and limits concerning use of the Service. You agree that BookBump has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BookBump reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BookBump reserves the right to modify these general practices and limits from time to time.


10. Modifications to Service

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BookBump reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BookBump shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


11. Termination

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You agree that BookBump may at its sole discretion and without prior notice, immediately terminate your BookBump account, any associated email address, and access to the Service.  Further, you agree that all terminations shall be made in BookBump’s sole discretion and that BookBump shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.


12. Dealings with Advertisers

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Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BookBump shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


13. DISCLAIMER OF WARRANTIES

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BookBump EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. BookBump MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BookBump OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


14. Limitation of Liability

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT BookBump SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


15. General Information

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The TOS constitute the entire agreement between you and BookBump and govern your use of the Service. The TOS and the relationship between you and BookBump shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BookBump agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.  The failure of BookBump to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.