Welcome to BookNook. We want to protect your rights and those of any other user or third party who interacts with us, we created these Terms of Service (“Terms”). By accessing or using the BookNook applications, website, services, software, and/or content made available by BookNook Inc. (“the BookNook Service,” “we,” and “us”), you agree to these Terms. If you don’t agree to these Terms, do not access or use the BookNook Service.
1. You and Your Account
By registering for the BookNook Service you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
We may provide you with a unique ID and ability to select a BookNook avatar (“Avatar”) to represent your account within the BookNook Service. If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the BookNook Service. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR BOOKNOOK ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
2. Subscription Members
Although certain features and/or content of the BookNook Service may be available at no charge to certain users, other features and/or content may only be available to who agree to pay for a subscription plan (each, a “Subscription Member”). Each subscription plan may be described in more detail in other areas of the BookNook Service. Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.
3. Our License to You
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the BookNook Service solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the BookNook Service. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.
4. Your Conduct
We would like to keep the BookNook Service as safe as possible for our users but need your help to do so. Accordingly, you agree not to use the BookNook Service to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the BookNook Service; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the BookNook Service or servers or networks connected to the BookNook Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the BookNook Service; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the BookNook Service in a manner that sends more request messages to the BookNook Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
5. Ownership; Restrictions On Use
All right, title, and interest in and to the BookNook Service site and services are and will remain the exclusive property of BookNook, LLC. and its licensors. The content on the BookNook Service, including without limitation, books, text, software, graphics, photos, sounds, music, videos, User Submissions (as defined below), interactive features and the like (“Content”) and the “BookNook” word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the BookNook Service that constitute trademarks, tradenames, service marks or logos (“Marks”) are owned by or licensed to BookNook, LLC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the BookNook Service or any portion of the BookNook Service, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the BookNook Service only in geographic locations where we offer the BookNook Service and have licensed such Content. The BookNook Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
6. User Submissions
We may provide functionality that enables you to post, upload, submit or otherwise make available text (including quizzes, quiz responses, lesson plans), images, audio, video, presentations, competition entries or other content (“User Submissions”) to the BookNook Service. Access to such functionality may be restricted to users above a certain age. You understand that such User Submissions may be accessible by the public and we do not guarantee any confidentiality for such User Submissions.
You retain all of your ownership rights to your User Submissions. For all User Submissions, by making those User Submissions available to the BookNook Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license under all intellectual property rights to use, reproduce, distribute, display, and perform such User Submissions, in whole or in part, in connection with the BookNook Service and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the BookNook Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter, with or without attribution, and without further notice to you, in perpetuity. You also grant each user of the BookNook Service a non-exclusive license to view your User Submission through the BookNook Service, and to use, reproduce, distribute, display and perform such User Submission as permitted through the normal functionality of the BookNook Service and these Terms in perpetuity.
You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, in each case whether or not such content is protected by law, or (ii) otherwise contrary to applicable local, national, and international laws and regulations.
You may not submit User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally authorized to submit such content and grant us the licenses described above. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Submissions and that the User Submissions conform to the terms described in this Section 6. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Submissions against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Submissions and the consequences of submitting and making available such User Submissions to the BookNook Service.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Submissions submitted to the BookNook Service, at any time and for any reason, including to confirm that the User Submissions are consistent with these terms, without prior notice to you.
We do not endorse or guarantee the opinions, recommendations, or advice contained in any User Submission and we expressly disclaim any and all liability in connection with such content.
7. Content Availability
The BookNook Service provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the BookNook Service (including during any subscription period for a Subscription Member).
Mobile Networks. If you access the BookNook Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain BookNook Service features may be prohibited or restricted by your network provider and not all BookNook Service features may work with your network provider or device.
Your right to use the BookNook Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the BookNook Service. We reserve the right, in our sole discretion, to terminate your access to all or part of the BookNook Service, for any reason, with or without notice.
9. Links or Third Party Applications/Devices
Links. For parents or educators, the BookNook Service may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the BookNook Service. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
Devices. If you access the BookNook Service using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the BookNook Service. You agree that your access to the BookNook Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE BOOKNOOK SERVICE IS AT YOUR SOLE RISK. THE BOOKNOOK SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKNOOK CREATIONS, INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BOOKNOOK SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the BookNook Service or the content of any websites linked to the BookNook Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the BookNook Service or the Content on the BookNook Service; (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 the BookNook Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the BookNook Service by any third party; and/or (vi) 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 on or through the BookNook Service.
11. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BOOKNOOK, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE BOOKNOOK SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent BookNook, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless BookNook, LLC, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the BookNook Service; (b) your (or anyone using your account’s) use of the BookNook Service; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. BookNook, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BookNook, LLC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the BookNook Service exclusively in a state or federal court located in Alameda County, California. You agree to submit to the personal jurisdiction of the courts located in Alameda County, California for the purpose of litigation all such claims or causes of action.
By using the BookNook Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
16. Additional Terms for Apple iOS Applications
The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device obtained by you from the iTunes Store (“iOS App”). You agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for our iOS App, the BookNook Service, or any Content. You agree that your use of our iOS App will be subject to the Usage Rules in Apple’s then-current App Store Terms of Service. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our iOS App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You agree that we, and not Apple, are responsible for addressing any claims of you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the software. You agree that, in the event of any third party claim that our iOS App or your possession and use of that iOS App infringes such third party’s intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement and discharge of such claim. The parties agree that Apple and its subsidiaries are third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms applicable to your use of our iOS App against you as a third party beneficiary thereof.
These Terms, together with any other rules or guidelines posted in connection with the BookNook Service constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the BookNook Service. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to the BookNook Service is email@example.com.
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the BookNook Service, or email you. Your continued use of the BookNook Service constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the BookNook Service.
Apple, the Apple logo, iMac, MacBook Pro, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Last updated: June 22, 2017.