YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE APPLICATION OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE APPLICATION.
The Application enables persons who have registered an account on the Application (“Users”) to join a virtual book club, create posts within the various book clubs and interact with other users, and maintain an account. Normal data usage rates will apply when you use the Application.
Subject to the terms of this Agreement, BCN grants to you a limited, nontransferable, nonexclusive license (without the right to sublicense) to install and use one copy of the Application, in executable object code format only and solely for your personal use, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, state, and national laws and regulations (the “License”). By using the Application, you represent, warrant and agree that you are using the Application solely for your own personal use and not for redistribution or transfer of any kind. You agree to abide by the rules and policies established from time to time by BCN relating to your use of the Application. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. If at any time after reviewing the Application you wish to terminate the License, you must un-install and remove the Application from your mobile device(s) and delete any copy in your possession.
Your use of the Application also may be governed by terms and conditions required by (i) the manufacturer and other providers of your mobile device(s) and its hardware and software components, including its operating system; and (ii) the online store or other applicable distributor through which you obtain the Application ((i) and (ii) collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting BCN’s rights and remedies or your obligations under the License, or waiving any restrictions on your rights to use the Application under the License. The License shall not have the effect of limiting, encumbering or otherwise restricting BCN’s rights and remedies or your obligations under any other agreement between you and BCN, or waiving any restrictions on your rights under any such agreement.
The rights granted to you in the License are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party or to any mobile device not owned or controlled by you; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (e) you shall not make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (f) you shall not violate any applicable laws, rules or regulations in connection with your access or use of the Application; (g) you shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or legal notices of BCN or our licensors; (h) you shall not use the Application for any purpose for which it is not designed or intended; (i) you shall not make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (j) you shall not use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) you shall not use any proprietary information or interfaces of BCN or other intellectual property of BCN in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) you shall use the Services only within the United States; and (m) you shall not circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application. Any use of the Application other than as specifically authorized herein, without the prior written permission of BCN, is strictly prohibited and will terminate the License. These obligations survive termination of this Agreement.
You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that you download, install, or use on your mobile device(s)), and all copyrights, patents, trademarks, branding or logos used in the Application, trade secrets, source and object code, format, directories, queries, algorithms, structure and organization of the Application and other intellectual property rights and proprietary and confidential information rights associated therewith are, and shall remain, the property of BCN. BCN shall reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly authorized by BCN herein, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this Agreement are hereby reserved and retained by BCN. These obligations survive termination of this Agreement.
BCN may release updated versions of the Application from time to time. Certain features of the Application may only be available by using the most up-to-date version of the Application. In addition, information contained in versions of the Application other than the most up-to-date version may not be accurate. You are encouraged to promptly update your Application when new versions are released. BCN reserves the right to stop supporting older versions of the Application in its sole discretion and without prior notice.
The Application requires you to register and create an account. There is no registration fee required to use the Application. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to use the Application, you are required to have a compatible device, internet access, mobile network access, and operating system. When you register, if required, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) provide us with updates and maintain the accuracy and completeness of such information.
The Application requires you to choose a password, and you are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify BCN of any unauthorized use of your account. BCN will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account or the Application on your device.
You may use the Application only as permitted by law. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
Your ability to use the Application is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Application that BCN may make available from time to time (including any third party terms and conditions expressly noted herein). In the event of your non-compliance, fraud or other inappropriate activity (as determined by BCN in our sole discretion), BCN may cancel any accounts or registrations for the Application and/or restrict, limit, block and prevent your access to the Application.
You agree to use the Application in good faith. You will not provide false or misleading data.
You may provide information to BCN in connection with your use of the Application, including providing feedback or other content (User Content). By providing User Content, you represent and warrant that you have the lawful right to provide it and that is accurate and complete.
You understand and agree that you have no ownership rights in materials you submit through the Application. You hereby grant BCN a limited, non-exclusive, sub-licensable, world-wide, fully-paid, royalty free license to use, modify, perform, publicly display, reproduce and distribute User Content in any media without the requirement to make any payment to you or to any third party or to seek any consent.
You must not provide any User Content or otherwise make use of the Application that:
Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any User Content;
Makes available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information or information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Transmits any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Interferes with or disrupts the Application servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application;
In the sole judgment of BCN is objectionable or which may expose BCN to liability of any type.
You acknowledge and agree that BCN may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of BCN, our users or the public.
This Agreement is effective on the date you accept it and shall continue in effect while you use the Application and all functions available through the Application (Services). BCN reserves the right at any time and from time to time, in our sole discretion, to modify or discontinue, temporarily or permanently, the Application. Accordingly, BCN may terminate this Agreement and the License at any time. You agree that BCN shall not be liable to you or to any third party for any modification, suspension or termination of the Application or this Agreement. You may not rely on the continued availability of the Application.
Upon termination of this Agreement, your right to access and use the Services will terminate immediately.
If at any time you wish to terminate the License, you must un-install and remove the Application from your mobile device(s) and delete any copy in your possession.
Any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty and ownership of intellectual property), shall survive such termination.
Any new services provided by BCN or features that augment or enhance the current Application shall be subject to this Agreement, unless explicitly stated otherwise.
BCN’s decision is final and binding in all matters relating to this Agreement.
The Application and all content and other materials contained on or within the Application, including without limitation, all information, content, designs, text, graphics, information, data, software, surveys, offers, music trademarks, product or service names, logos, slogans other files, and the selection and arrangement thereof (collectively, the “BCN Content”), are the proprietary property of BCN and our suppliers and licensors and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BCN.
Except where otherwise specified, the Application and its associated artwork and design are trademarks and copyrights of BCN.
If you believe that your copyrighted works has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:
A description of the copyrighted work that you claim has been infringed;
Your address, telephone number, and email address;
A description of where the alleged infringing material is located (if you provide us with a URL, that helps us located the content quickly);
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
BCN’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: DMCA Notice
Bookclub Now LLC
1658 Milwaukee Ave #266
Chicago, IL 60647
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE APPLICATION AND THE SERVICES ARE AT YOUR SOLE RISK. THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BCN AND OUR LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT. BCN DOES NOT WARRANT UNINTERRUPTED USE, OPERATION OR AVAILABILITY OF THE APPLICATION OR SERVICES OR ANY BCN CONTENT OR THIRD PARTY CONTENT, OR THAT ANY TRANSACTION REQUEST WILL BE SUCCESSFUL OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME.
(B) BCN AND OUR LICENSORS MAKE NO WARRANTY (AND ASSUME NO OBLIGATION) (I) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THAT LOCK SCREEN CONTENT WILL ALWAYS BE AVAILABLE OR THAT IT WILL BE AVAILABLE AT ANY SPECIFIC TIMES; (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (V) THAT ANY SOFTWARE DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE MOBILE DEVICE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BCN OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BCN AND OUR AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BCN, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THIS AGREEMENT, THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (IOI) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT; (III) LOSS OR DELETION OF ANY OF USER CONTENT; (IV) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION; (V) MISTAKES, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS OR ANY OTHER FAILURE OF PERFORMANCE; OR (VI) ANY OTHER MATTER RELATING TO THE APPLICATION OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BCN, OUR AFFILIATES AND LICENSORS FOR ANY CLAIM UNDER THIS AGREEMENT OR RELATING TO THE APPLICATION OR THE SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, INCLUDING FOR ANY IMPLIED WARRANTIES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR APPLICATION, IS LIMITED TO THE AMOUNT, IF ANY, PAID TO US TO USE THE SERVICES AND APPLICATION. IN ALL CASES, BCN, OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between BCN and you. BCN would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of BCN’s and licensors.
You agree to indemnify and hold BCN and our affiliates, and their respective officers, employees, agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any User Content you transmit through the Application, your use of the Application, your violation of this Agreement or your violation of any rights of a third party.
BCN does not monitor or have control over Third Party Content or Third Party Sites. BCN does not endorse or adopt any Third Party Content or Third Party Sites and can make no guarantee or warranty as to their accuracy or completeness. BCN undertakes no responsibility to review any Third Party Content or Third Party Sites. Your use of any Third Party Content or Third Party Sites is at your own risk.
You further acknowledge and agree that BCN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content or Third Party Sites.
The Third Party Content and the Third Party Sites are intended for general audiences. If you do not like the Third Party Content and/or Third Party Sites for any reason, we suggest you not view the specific content that is not to your liking, or that you un-install and do not use the Application.
BCN is not responsible for, and makes no warranties of any kind regarding, any products or services that you may purchase pursuant to Offers made available through the Application. Any claims or concerns you may have concerning any products or services that you may purchase pursuant to Offers available through the Application should be brought by you directly to the applicable Third Party. BCN expressly disclaims any warranties that such products or services will be merchantable or fit for a particular purpose or non-infringing or error-free.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by (i) contacting you using the email address submitted in the account information and/or (ii) providing notice of the changes through the Application. Any changes to this Agreement will be effective immediately upon our making the updated version of this Agreement available to you through the Application. Continued use of the Application and the Services following the posting or notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You should frequently review this Agreement for updates. If you do not agree to the amended terms, you must stop using and un-install the Application.
This Agreement and the relationship between you and BCN shall be governed by the laws of the State of Illinois, excluding any conflicts of law provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of Lake County, Illinois.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES OR USE OF THE APPLICATION.
The failure of BCN to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of BCN thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.
If any provision of this Agreement 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 this Agreement remain in full force and effect. The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement 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.
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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Any notices intended to have legal effect: (a) to you may be made via email or through the Services and (b) to BCN must be made by delivery receipt-requested mail at Bookclub Now LLC, 1658 Ave #266, Chicago, IL 60647.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect.
This Agreement (together with all Related Agreements) constitutes the entire agreement between the parties pertaining to the subject matter hereof.
The failure of BCN to comply with this Agreement because of any reason beyond the reasonable control of BCN shall not be deemed a breach of this Agreement.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to the e-mail address listed below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact us at Bookclub Now LLC at firstname.lastname@example.org.