Terms of Use
BiblioCrunch General Terms of Use
GENERAL
Welcome to BiblioCrunch. BiblioCrunch LLC is an online literary community, located at www.bibliocrunch.com (the “Website”), where writers and readers can share and discuss each other’s work and can self-publish their works. BiblioCrunch focuses on fiction, in particular, genre fiction such as fantasy and romance. In the future, BiblioCrunch may expand to include non-fiction and/or illustrated works, and may also provide access to additional publishing-related goods and services. Visitors to and members of this Website are sometimes referred to herein as “user” or “you.”
USING THE WEBSITE
By accessing or using this Website, you agree to be bound by and comply with these General Terms of Use, which includes BiblioCrunch’s Privacy Policy. If you do not agree with these General Terms of Use, please do not use this Website. BiblioCrunch reserves the right, in its discretion, at any time, to update and modify these General Terms of Use and to supplement them with additional agreements or terms of use that pertain to particular features of the Website. BiblioCrunch will post any updates or modifications on the Website and/or may provide notice by email or any other means that provides reasonable notice. By using the Website after such postings or notice, you agree to be bound by and comply with these modifications. We reserve the right, in our discretion, to terminate your access to the Website and/or to remove your content and/or profile.
ELIGIBILITY & USER INFORMATION
This Website is intended for adults and not users under 18 years of age. By using this Website, you represent that you are at least 18 years of age, or the age of majority in your jurisdiction. To enter certain sections of the Website and/or to use certain features of the Website, such as to upload your work, post comments, view more than 5,000 words of other authors’ works and to follow or connect with other members of the Website, you may be asked to register as a member and to provide certain personal information about you and your work, which will include, among other things, selecting a password and a screen name and providing your email address. You are responsible for the accuracy of any information you provide to us and for maintaining the confidentiality of your email address and password. This Website’s collection and use of your information are described in the Website’s Privacy Policy.
CONTENT
Unless specifically requested, please do not send us any confidential or proprietary information or material. Any information, proposals, requests, manuscripts, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us on or through the Website in any manner, or by email (collectively, the “Content”), will be deemed to be not confidential or secret, and may be used by us in any manner consistent with these General Terms of Use and the Privacy Policy. You are solely responsible for all Content you post or upload.
As a member of BiblioCrunch, you will be able to post or upload Content on the Website, including excerpts from your writing (your “Work”), and to exchange information and ideas about your writing and the writing of others. When you upload, you will be asked to categorize your Work by genre. If you upload your Work, up to 5,000 words will be viewable by visitors to the Website at any one time and up to 30,000 words will be viewable by members of the Website at any one time. You will be able to follow other members and to establish connections with them, which will allow them to see more of your Work and you to see more of theirs. You may self-publish your Work as an ebook that you may sell via the Website, and, in the future, to make your Work available for purchase via other online booksellers.
Except as set forth herein, you will retain all rights in your Content, including the copyright; posting your Content on the Website does not change your ownership rights. By posting or uploading any Content on the Website: (i) you understand that if your Work is in a genre included on the BiblioCrunch Website, and complies with these General Terms of Use, your Work may be made accessible to users of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright, trademark or any other right of any person or entity, and that any “moral rights” in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with respect to Content other than your Work, to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims against BiblioCrunch for such use or non-use. Although BiblioCrunch may maintain copies of your Content, we are not required to do so and we may delete or destroy any such Content at any time.
You will have the right to remove your Content and to terminate your membership at any time, by clicking on the “Deactivate my account” button on your profile page. We will remove your Content and terminate your membership as soon as practicable following receipt of your request. Once we remove your Content it will not be retrievable, even if you reactivate your account. However, the inclusion of some Content on the Website (e.g., comments you may post on the Website) may be perpetual and irrevocable.
USE OF WEBSITE & WEBSITE CONTENT
As between you and us, except for your Content, all content, information, materials, text, images, audio, video, computer code and software appearing on this Website (collectively, the “Website Content”) is the property of BiblioCrunch or third parties. The Website Content is protected, without limitation, by US and foreign copyright and trademark laws. The Website Content is presented for your personal, non-commercial use only. Copying or downloading these materials (other than your own) for anything other than your personal use is a violation of these General Terms of Use and may be a violation of copyright and trademark laws. BiblioCrunch, the name and logo, and other names, trademarks and logos appearing on the Website, are trademarks owned by BiblioCrunch LLC. If you access this Website from outside the United States, you are responsible for compliance with local laws.
USER CONDUCT
BiblioCrunch is not responsible for material submitted or posted to this Website by users or other third parties or for any goods and services offered on this Website by users or other third parties. You acknowledge that materials posted to this Website by users may include derogatory or other negative or offensive comments about your Work, and that BiblioCrunch is not responsible for any such comments.
You acknowledge that BiblioCrunch may or may not pre-screen materials posted by users. BiblioCrunch or its designees have the right, in their sole discretion, to refuse or remove any content that violates these General Terms of Use or is otherwise objectionable, or for any other reason.
You agree not to upload or post on this Website any Content (including your Work) that: a) is libelous or defamatory or is obscene, pornographic, abusive, harassing, or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited any copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services, except on sections of the Website, if any, e.g., a listing board, on which solicitation for goods and services is expressly authorized by BiblioCrunch; f) contains a virus or other harmful component; g) solicits personal information; h) involves the transmission of chain mail, junk mail or spam; or i) impersonates another person or entity. You also agree that while using the Website, you will not: i) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website, ii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing the Website, or obtaining lists of users or other information from or through the Website; or iii) circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Website or its services or any software on the Website.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THIS WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THIS WEBSITE, ALL WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY EMAIL WE SEND YOU ARE VIRUS OR ERROR FREE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, SITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. BIBLIOCRUNCH DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION CREATED BY OR PROVIDED BY USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LINKS TO OR CONTENT CONTAINED ON THIRD PARTY WEB SITES. ALL USERS ARE SOLELY RESPONSIBLE FOR BACKING UP THEIR SUBMITTED MATERIALS AS BIBLIOCRUNCH UNDERTAKES NO OBLIGATION OR RESPONSIBILITY WHATSOEVER THEREFOR. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU ARISING FROM YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO US FOR THE PURCHASE OF GOODS OR SERVICES FROM THIS WEBSITE, OR (B) ONE HUNDRED DOLLARS ($100).
INDEMNITY
You agree to defend, indemnify, and hold BiblioCrunch and its parent, subsidiaries, affiliates and representatives harmless from any and all claims, liabilities, damages, judgments, losses, costs and expenses, including without limitation reasonable attorneys’ fees, related to any violation of these General Terms of Use by you or arising out of your use of this Website (including, without limitation, your Content).
LINKS TO THIRD PARTY WEBSITES; INFORMATION ABOUT THIRD PARTIES
This Website may contain links to other websites and/or information about third parties who provide publishing-related goods and services. BiblioCrunch is not responsible, nor shall it be held liable for, any content, services or products provided by third parties or offered on their websites. These General Terms of Use apply solely to this Website. You should always review the terms and conditions of any other website that you access through a link from this Website.
LINKS TO THIS WEBSITE
You may create a hyperlink to this Website provided you do so in a fair and legal manner and do not damage our reputation or take advantage of it, and provided further that the link (i) does not portray BiblioCrunch, this Website or any of the services offered on this Website in a false, misleading, derogatory or otherwise offensive matter, (ii) does not suggest any form of association, approval or endorsement on our part, (iii) does not use any of BiblioCrunch’s, or their affiliates’ or licensees’ trade marks, trade names, brands logos or other intellectual property, and (v) does not frame any portion or pages of this Website on any other website. We reserve the right to revoke linking permission without notice.
GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION
This Website is operated in the United States for U.S. audiences. This Website is governed by and operated in accordance with the laws of the United States or the State of New York as applicable, without giving effect to their principles of conflicts of law. By using this Website and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than New York. Persons who access the Website from other locations do so on their own initiative, and are responsible for compliance with any applicable local laws. Further, you agree that any dispute arising out of your use of the Website or these General Terms of Use will be finally determined by binding arbitration before a single arbitrator in accordance with the rules of the America Arbitration Association (including the Supplemental Procedures for Resolution of Consumer-Related Disputes if applicable). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in New York, New York, in accordance with the United States Arbitration Act.
COPYRIGHT INFRINGEMENT
BiblioCrunch prohibits the posting of any information or materials that violate or infringe the copyrights of any person or entity. If you believe that your work has been copied and made available on this Website in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
BiblioCrunch’s designated DMCA Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
BiblioCrunch
By phone:
By fax:
By email: info@bibliocrunch.com
ENFORCEMENT
If any provision of these General Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.
TERMINATION FOR REPEAT INFRINGEMENT
In appropriate cases, BiblioCrunch will terminate the accounts of repeat copyright infringers. If you believe that a user of this Website is a repeat infringer, please contact BiblioCrunch’s DMCA Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.
Effective Date: 5/8/11
