1. Introduction
Welcome to The Book Game Plan ("we," "our," "us," "the Company"). These Terms and Conditions ("Terms") govern your access to and use of thebookgameplan.com and its related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. Acceptance of Terms
By accessing or using the Service, you confirm that you accept these Terms and agree to comply with them. If you are using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.
These Terms constitute a legally binding agreement between you and The Book Game Plan. We may update these Terms from time to time, and your continued use of the Service following such changes constitutes your acceptance of the revised Terms.
3. Use of the Website/Service
Our Service provides an online library of books and related content. You may use our Service only as permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
3.1 Age Restrictions
You must be at least 16 years old to use our Service. If you are under 18 years old, you must have your parent or legal guardian's permission to use our Service.
3.2 Service Availability
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
4. Account Registration
To access certain features of the Service, you may be required to register for an account.
4.1 Account Information
When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
4.2 Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4.3 Account Termination
We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
5. Intellectual Property Rights
The Book Game Plan and its original content, features, and functionality are and will remain the exclusive property of The Book Game Plan and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Book Game Plan.
5.1 Content Ownership
The books, texts, graphics, logos, images, audio clips, digital downloads, data compilations, and software contained on the Service are the property of The Book Game Plan or its content suppliers and are protected by United Kingdom and international copyright laws. The compilation of all content on the Service is the exclusive property of The Book Game Plan and is protected by United Kingdom and international copyright laws.
5.2 Limited License
Subject to these Terms, The Book Game Plan grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any book listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
6. User Content and Submissions
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content").
6.1 Content Responsibility
You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.2 Content License
By posting User Content on or through the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.
6.3 Content Removal
We have the right but not the obligation to monitor and edit all User Content provided by users. We reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms or may be offensive, illegal, or violate the rights, harm, or threaten the safety of others.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service;
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Collecting or harvesting any personally identifiable information, including account names, from the Service;
- Using the Service for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Service;
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- Using the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
8. Third-Party Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Book Game Plan. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Book Game Plan 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Book Game Plan, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, secure or available at any particular time or location;
- Any errors or defects will be corrected;
- The Service is free of viruses or other harmful components;
- The results of using the Service will meet your requirements.
9.2 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The Book Game Plan, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10. Indemnification
You agree to defend, indemnify and hold harmless The Book Game Plan and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
- Your use and access of the Service, by you or any person using your account and password;
- A breach of these Terms; or
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
11. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
12. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at [email protected].
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
14. Contact Information
If you have any questions about these Terms, please contact us:
Email: [email protected]
Website: www.thebookgameplan.com