Welcome to Sharing-Books.com (the “Website”), which is operated by Shared Books Ltd. (“Sharing Books”). The Website and any services provided by Sharing Books on or in connection with the Website (the “Services”) are provided to you individually or, if you are subscribing to the Website on behalf of an organization, the entity on whose behalf you act (“You”) subject to the following terms and conditions (the “Website Terms of Use”). By using or subscribing to the Website or the Services, You agree to be bound by these Website Terms of Use. If You do not agree to these Website Terms of Use, do not use the Website or the Services.
1. Children
You affirm that You: (a) are more than 18 years of age, and of such an age that You may legally enter into and be bound by the terms of a contract in the jurisdiction in which You are located, or possess legal parental or guardian consent to access the Website and the Services in accordance with these Website Terms of Use; and (b) are fully able and competent to understand, enter into, and comply with these Website Terms of Use. If You are under 13 years of age, You may not become a registered user of the Website or provide personal information to Sharing Books.
2. Changes to these Website Terms of Use
Sharing Books reserves the right to make changes to these Website Terms of Use by advising You of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Website Terms of Use on the Website. The changes are effective on the earlier of (i) Sharing Books providing You with notice of such changes, or (ii) 14 days after the amended Website Terms of Use are posted on the Website. If You do not agree to the amended Website Terms of Use, do not use the Website or the Services after the effective date of the amendment.
3. Privacy Policy
Sharing Books collects, uses, and discloses Your personal information in accordance with our Privacy Policy By providing information to Sharing Books, You consent to the use of such information in accordance with the Privacy Policy.
You confirm that any information You provide regarding third parties is accurate and true, and that You have obtained consent from the third parties to allow Sharing Books to collect, use and disclose the information in accordance with these Website Terms of Use.
4. Use of the Website
Effective upon Sharing Books’ acceptance of Your request to become a registered user of the Website and provided that You continue to comply with these Website Terms of Use, Sharing Books grants to You a personal, non assignable, license to log into and access the Website.
You are responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Sharing Books immediately of any breach of security or unauthorized use of Your account. Sharing Books will not be liable for Your losses caused by any unauthorized use of Your account.
Some of the services offered by Sharing Books are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when You subscribe to such services.
The Website may contain links to third party websites. Sharing Books has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. You agree that Sharing Books will not be liable for any claims, liability, damages, or costs arising from Your access to or use of any third party websites, and that You access or use any third party websites solely at Your own risk.
5. Your Content
The terms and conditions application to You making content contributions to the Website are found in the Terms of Contribution.
6. Termination of Access
If You use the Website in any manner that is prohibited by these Website Terms of Use, Sharing Books may without notice terminate or suspend Your use of or access to the Website or the Services.
7. Changes to the Website
Sharing Books reserves the right to change any aspect of the Website or the Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.
8. Prohibited Use of the Website
The Website is provided to You for your personal use. You may not use the Website to engage in any unlawful activity or to infringe the rights of Sharing Books, its affiliates, or its customers. You further agree that You will not and You will not allow Your employees or agents to:
(i) interfere with the operation of the Website or the Services, in any way or interfere with anyone’s use or enjoyment of the Website or the Services, or use the Website or the Services to gain unauthorized access to other computer systems;
(ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business;
(iii) transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
(iv) impersonate any person or entity on or through the Website;
(v) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
(vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Website or any component thereof (except as permitted under applicable local law after having given Sharing Books written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability);
(vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Website or the Services or any component thereof other than as may be expressly permitted in writing by Sharing Books or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or
(viii) disclose Your password or otherwise grant access to the Website to any third party, other than Your authorized agent, without the prior written consent of Sharing Books. You agree to abide by all additional rules, policies, and restrictions of which You are provided with notice that apply to any portion of the Website or the Services.
9. Operation and Maintenance of the Website
Sharing Books operates the Website in a commercially reasonable manner and may from time to time interrupt the Website’s services for regular and emergency maintenance. Where Sharing Books has advance knowledge of any interruption to the Website’s services, Sharing Books will make reasonable efforts to provide advance notice to You of any such interruption.
10. Monitoring Use of the Website
Sharing Books may monitor the Website but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by Sharing Books in accordance with the Privacy Policy of the Website.
11. Intellectual Property of Sharing Books
All intellectual property, including copyright, in the Website, the design and appearance of the Website, and all of the materials and content on the Website (other than works contributed by third parties (“Contributed Works”)) (“Sharing Books IP”) is owned by or licensed to Sharing Books. All Contributed Works and Sharing Books IP are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Website (except as permitted herein) without written permission of Sharing Books is expressly prohibited.
© Copyright 2008 Shared Books Ltd. All rights reserved.
“Sharing Books” and “Room to Read” are registered or unregistered trade-marks of Sharing Books or its affiliates or associates in Canada or other countries. Other service and product marks that appear on the Website are the trade marks of their respective owners. The display of any trade-marks on the Website does not imply that a license has been granted for any further use.
12. Claims of Infringement
Sharing Books respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement of intellectual property rights, please follow the instructions on how to contact Sharing Books to report possible intellectual property infringement. For directions and more information, please read the Intellectual Property Policy.
13. Dealing with Third Parties
Any correspondence or business dealings with any third parties found on or through the Website is solely between You and such parties. Sharing Books is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not Sharing Books, are responsible for compliance with all laws applicable in any such transaction or communication.
14. No Warranties and No Liability
You acknowledge and agree that the Website and the Services are provided to You on a “as is”, “without any warranties” and “without any liability” basis. The parties to these Website Terms of Use acknowledge and agree that this limitation on liability is reasonable in the circumstances.
SHARING BOOKS DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR THE SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION. SHARING BOOKS MAKES NO REPRESENTATION THAT THE WEBSITE OR ITS CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS.
SHARING BOOKS IS NOT RESPONSIBLE FOR THE REVIEW OF THIRD PARTY CONTRIBUTIONS IN ANY RESPECT, INCLUDING THE APPROPRIATENESS OF THE CONTENT OF SUCH CONTRIBUTIONS. ANY OPINIONS EXPRESSED IN THE CONTRIBUTED WORKS, OR ON OR IN ANY MESSAGE BOARDS, BLOGS, CHAT ROOMS AND OTHER MEDIA FOR DISCOURSE ACCESSIBLE ON OR THROUGH THE WEBSITE, ARE SOLELY THOSE OF THE AUTHORS OF THE MATERIAL AND ARE NOT THE OPINIONS OF SHARING BOOKS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS.
SHARING BOOKS DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SHARING BOOKS IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF SHARING BOOKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE WEBSITE TERMS OF USE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.
15. Limit on Damages and Claims
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE WEBSITE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF SHARING BOOKS’ LIABILITY EXCEED THE LESSER OF (A) THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE WEBSITE AND (B) CDN$5000.
YOU WILL NOT MAKE ANY CLAIM FOR MONETARY COMPENSATION AGAINST SHARING BOOKS IN RESPECT OF A BREACH OF THESE WEBSITE TERMS OF USE FOR AN AMOUNT WHICH IS LESS THAN CDN$2500.
LEGAL PROCEEDINGS BASED ON ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICES OR THESE WEBSITE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, LEGAL PROCEEDINGS BASED ON SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED
16. Indemnity
You hereby agree to hold harmless and indemnify Sharing Books and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of Your misuse of the Website, Your violation of these Website Terms of Use, or Your infringement of any intellectual property or other right of Sharing Books or any other person or entity, including such activities that are carried out by any individual using Your login or password information.
17. Jurisdiction
Any dispute relating to the Website or the Services shall be governed by the laws of British Columbia and Canada and shall be adjudicated by the courts of British Columbia, Canada. Nothing in these Website Terms of Use shall prevent Sharing Books from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over You or otherwise over such subject matter. Sharing Books makes no representation that the Website or the Services are appropriate or available for use in all locations, and accessing the Website from territories where the Website or its content is illegal is prohibited. If you choose to access the Website from such a location, you do so on your own initiative and you are responsible for compliance with local laws.