Last updated December 23, 2015
IglooBooks and its affiliates (collectively, the “Company”) provide service to you subject to the following Terms of Service, which may be updated by the Company from time to time without prior notice to you. Your use of the IglooBooks Site (as defined below) constitutes your agreement to these Terms of Service. The right to use the IglooBooks Site, or any product or service offered by the Company, is personal to you and is not transferable to any other person or entity. The Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The “IglooBooks Site” shall mean all areas and any paid products and services offered or operated by the Company on the World Wide Web or via any other electronic delivery mechanism. The IglooBooks Site consists of information services and content provided by the Company, affiliates of the Company and third parties. The term “Community Areas” means the bulletin boards, blogs, chat rooms, content sharing, and other user participatory areas on the IglooBooks Site, and areas dedicated to IglooBooks products and services on third-party sites, such as Facebook and Twitter. Your use of IglooBooks areas on third-party sites, while subject to these Terms, is also subject to any terms and conditions imposed by those sites.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Company Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use, without prior notice to you.
3. Use of the IglooBooks Site and the Community Areas
- The Community Areas may be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You may not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload or contribute is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. No user may engage in conduct that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas without the Company’s express written approval.
- The IglooBooks Site and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the IglooBooks Site are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright for the entire IglooBooks Site. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from the IglooBooks Site without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the IglooBooks Site, no changes in or deletion of author attribution, trademark, legend, or copyright notice are permitted.
- You hereby grant to the Company and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or content posted or contributed to the Community Areas and/or any e-mail sent by you to the Company (in whole or in part), and/or to incorporate them in other works in any form, media or technology now known or later developed.
- You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
- You shall provide the Company with accurate and complete information at the time of registration.
- You shall not engage in any activity which is contrary to or would adversely affect the purpose or intention of the IglooBooks Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites’ services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
- The IglooBooks Site contains links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
- You shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of the IglooBooks Site and Community Areas, and all charges related thereto.
- The foregoing provisions of this Section are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
- The Company has carefully designed the IglooBooks Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the IglooBooks Site in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company Sites in any format where third party advertising or other materials which the Company did not authorize are viewed or viewable together with the Company’s proprietary content.
4. Social Distribution and Widgets
IglooBooks may allow you – but only through express written permission –to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution“). For example, a Site may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third party web site. You understand that only IglooBooks can make claims, promises or statements on behalf of IglooBooks about its products and services and agree not to do so. You also agree that you will not imply that you and IglooBooks are affiliated in any way or that IglooBooks approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas that the Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Company nor any of its affiliates shall assume or have any liability for any action or inaction by the Company with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
7. Disclaimer of Warranty; Limitation of Liability
- you expressly agree that use of the community areas and the company sites is at your sole risk. neither the company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the company sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the company sites or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.
- the company sites and the community areas are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- the disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. you specifically acknowledge that the company is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
- in no event will the company or any person or entity involved in creating, producing or distributing the company sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the company sites or out of the breach of any warranty. you hereby acknowledge that the provisions of this section 5 shall apply to all content on the company sites and/or the community areas. the company’s liability to users, if any, shall in no event exceed the total amount paid to the company.
- the company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the igloobooks site, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized company employees acting in their official capacities. under no circumstances will the company be liable for any loss or damage caused by your reliance on information obtained through the content on the company sites and/or any postings on the community areas. it is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the company sites and/or the community areas. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
- the company does not endorse, warrant or guarantee any third-party products or services offered through the company sites and will not be a party to or in any way monitor any transaction between users and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. the company makes products or services available on the company sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. neither the company nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided on the company sites. neither the company nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. nothing contained in the company sites shall be construed as investment advice. the company is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another.
You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the IglooBooks Site and/or the Community Areas, including but not limited to any claims resulting from your posting of any material to the Community Areas that constitutes an infringement upon the intellectual property rights of any third party, or that is defamatory.
The Company shall have the right to terminate your right to use the IglooBooks Site or the Community Areas if the Company, in its sole discretion, considers you to be engaged in unacceptable conduct, or in the event of your breach of this Agreement.
All trademarks appearing on the IglooBooks Site are the property of their respective owners, including trademarks owned by the Company.
The Site may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. IglooBooks may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, IglooBooks shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. IglooBooks shall have the right to refuse or cancel such orders whether nor not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IglooBooks will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify IglooBooks’ acceptance of your order, nor does it constitute confirmation of IglooBooks’ offer to sell. IglooBooks reserves the right at any time after receipt of your order to accept or decline your order for any reason. IglooBooks reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. IglooBooks may require additional verifications or information before accepting any order.
12. Subscription Services
The Company may make available to users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any paid subscription service or services offered by the Company on the IglooBooks Site (the “Subscription”):
- Subscription Terms. The Subscription will continue until the Company receives notification of termination from you as described below. You authorize the Company to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by following the directions accompanying the trial offer. If you subscribed for a term of one (1) year or more, you will be notified by the Company before the account designated by you is charged after the first term.
- Modification of Terms. The Company shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective thirty (30) days after notice thereof, which may be given by means including, but not limited to, posting on the IglooBooks Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in Subsection (iii) below. Any use of the Subscription by you after the change in terms is effective shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
13. Location of Sites and Territorial Restrictions
IglooBooks controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject IglooBooks to any registration requirement within such jurisdiction or country. Anyone using or accessing the Sites from outside the United States does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
This Agreement and any operating rules for the IglooBooks Site and the Community Areas established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
account holders who post material depicting violence, pornography, cruelty or criminal conduct will have their accounts terminated immediately, without notice. If any of the material violates any state or federal laws, the account holder will be reported to the proper authorities.
If you believe that any material posted on any IglooBooks Site violates your copyright, trademark or other intellectual property rights, please e-mail firstname.lastname@example.org.