Indie Authors Monthly and Navigating Indieworld Radio Show

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on April 20, 2017.

This Terms of Use Agreement sets forth the standards of use of the BookWorks Online Service. By using the BookWorks website, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at BookWorks. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1. Disclaimer of Warranties.

The site is provided by BookWorks on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BookWorks makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.

BookWorks shall have no liability for any interruptions in the use of this Website. BookWorks disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

2. Use of Our Service

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BookWorks immediately of any breach of security or unauthorized use of your account. Although BookWorks will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of BookWorks or others due to such unauthorized use.

You may change the settings on your Account Settings page to control your Member Profile. You may reject connections from other users. Any user can mention any other user in the public feed. You are encouraged to report abusive posts to us. We may remove any post or communication at any time in our sole discretion.

By providing your email address to us, you consent to our sending you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your account settings. Opting out will prevent you from receiving email messages regarding updates, improvements, or offers.

Subject to the terms and conditions of this agreement, BookWorks grants you permission to use the Service for your personal purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the BookWorks servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service. In order to protect our Members from unsolicited advertising or solicitation, BookWorks reserves the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number that BookWorks deems appropriate in its sole discretion.

BookWorks may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including, if in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other BookWorks users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BookWorks shall have no liability for your interactions with other users of the Service, or for any user’s action or inaction.

 

3. User Content

Some areas of the Service may allow Users to post comments, book excepts and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

BookWorks reserves the right, but is not obligated, to reject and/or remove any User Content that BookWorks believes, in its sole discretion, violates these provisions or is otherwise inappropriate for the Service. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner or licensee of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

BookWorks takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. BookWorks is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that BookWorks shall not be liable for any damages you allege to incur as a result of such User Content. BookWorks may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.

 

4. Limitation of Liability

BOOKWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BOOKWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BOOKWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4. Indemnification

By using the Service, you agree to indemnify and hold BookWorks, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or copyright infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

 

6. Modifications and Interruption to Service

BookWorks reserves the right to modify or discontinue the Service with or without notice to the Members. BookWorks shall not be liable to a Member or any third party should BookWorks exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BookWorks does not guarantee continuous, uninterrupted or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

 

8. Governing Jurisdiction of the Courts of New York

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

 

9. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

10. Copyright and Trademark Information

Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BookWorks or the owner of material posted on any profile is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BookWorks.

All material included on, or connected to, any profile is the property of the creator of the profile. No material, including images, documents, manuscripts, etc., though available for viewing, can be copied, distributed, or otherwise reproduced without permission of the owner. BookWorks is NOT the owner of these materials and therefore cannot provide permission for their use. Likewise, users of BookWorks cannot hold BookWork.com responsible for improper use of their materials if posted on BookWorks. BookWorks assumes no responsibility for the additional protection of any creator or company owned material aside that outlined in the Privacy Policy.

Any connections made via BookWorks, and the details contained within any legal contracts created via connections made on BookWorks remain the concern of the parties involved. BookWorks does not offer contract advice, nor should messages passed via BookWorks be considered binding legal contracts until reviewed by legal counsel by each party involved. Contracts considered via BookWorks should be signed and completed in person.

 

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BookWorks designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
5 Beekman Place,
NY 10022.
By Telephone: 855-878-2435.
By Email:info@bookworks.com

 

12. Botnets

BookWorks retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BookWorks reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BookWorks, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.


Our Partners

Partner