DATE OF LAST REVISION OCTOBER 26, 2010
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of Books Change Lives at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Books Change Lives if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to Books Change Lives and/or its other users.
Use of Books Change Lives and registration to be a Member of Books Change Lives is void where prohibited. By agreeing to these terms or by using Books Change Lives, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Registration Information
In consideration of your use of Books Change Lives, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on Books Change Lives ("Registration Information"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. Proprietary Rights in Site Content; Limited License
All content on Books Change Lives, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on Books Change Lives.
5. User Content
Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through Books Change Lives ("User Content"). After posting your User Content to Books Change Lives, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By displaying or publishing ("posting") any User Content on or through Books Change Lives, you hereby grant to Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through Books Change Lives, including without limitation distributing part or all of Books Change Lives in any media formats and through any media channels, except User Content marked "private" will not be distributed outside Books Change Lives. After you remove User Content from Books Change Lives we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand and agree that Books Change Lives may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. You understand and agree that any comments posted by you the user throughout Books Change Lives are perpetual and irrevocable. If after we have distributed User Content outside Books Change Lives you change your User Content’s privacy setting to "private," we will cease distribution of such "private" User Content outside Books Change Lives as soon as practicable after you make the change.
The license you grant to Company is non-exclusive (meaning you are free to license User Content to anyone else in addition to Books Change Lives), fully-paid and royalty-free (meaning that Company is not required to pay you or anyone else for the use on Books Change Lives of the User Content that you post), sublicensable (so that Company is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide Books Change Lives services), and worldwide (because the Internet and the Books Change Lives services are global in reach).
You represent and warrant that: (i) you own the User Content posted by you on or through Books Change Lives or otherwise have the right to grant the license set forth in this Section 5, and (ii) the posting of User Content on or through Books Change Lives does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any User Content posted by you on or through Books Change Lives.
Books Change Lives contains content created or posted by Company ("Books Change Lives Content"). Books Change Lives Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights in the Books Change Lives Content. Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Books Change Lives Content (excluding any software code) solely for your personal use in connection with using Books Change Lives.
Books Change Lives contains User Content and other content of Books Change Lives licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Books Change Lives.
Books Change Lives performs technical functions necessary to offer the services on Books Change Lives, including but not limited to transcoding and/or reformatting content to allow its use throughout Books Change Lives.
Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring Books Change Lives for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor Books Change Lives, Company nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
You are solely responsible for the User Content that you post on or through Books Change Lives, and any material or information that you transmit to other Members and for your interactions with other Users.
6. Prohibited Content/Activity
The following are examples of the kind of content that is illegal or prohibited to post on or through Books Change Lives. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from Books Change Lives and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Company:
The following are examples of the kind of activity that is illegal or prohibited on Books Change Lives. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7. Copyright Policy
Books Change Lives has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Books Change Lives removes material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any subscribers or account holders and/or block access to Books Change Lives of any subscribers or account holders who repeatedly infringe the copyrights of others.
Digital Millennium Copyright Act (DMCA) - Infringement Notification
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
Send the Infringement Notification to the following address:
ATTN: Books Change Lives
1935 Brookdale Road, Ste 139
Naperville, IL 60563
Digital Millenium Copyright Act (DMCA) - Counter Notification The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To file a counter notification, you must provide us with a written notice that includes each of the following items:
Detailed identification of the material Books Change Lives has removed.
Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Dupage County, Illinois if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Send the Counter Notification to the following address:
ATTN: Books Change Lives
1935 Brookdale Road, Ste 139
Naperville, IL 60563
8. Terms of Sale
Products and services may be made available to you by us through Books Change Lives. By purchasing any products or services through Books Change Lives, you signify that you have read, understand and agree to be bound by the Terms of Sale in this Section 8 in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted on Books Change Lives. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Books Change Lives.
Purchase Qualifications; Account Security
Payment Method and Terms
We accept Visa, MasterCard and American Express credit cards and certain debit cards as forms of payment. By submitting an order through Books Change Lives, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to Books Change Lives, you may authorize us to store your credit card number and related payment information.
Any tangible property purchased through Books Change Lives will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to services you purchase through Books Change Lives, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise their products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
We will gladly exchange your product if it is damaged or if the wrong item was shipped to you within 14* days of receipt from UPS. Please call our Customer Service department at 800.432.7444 between 8:30 a.m. and 5:30 p.m. CST for a return authorization. No exchanges will be accepted without a return authorization. We will gladly exchange your product, within 14* days of receipt from UPS, if it is damaged or if the wrong item was shipped to you.
While most items are returnable, they are subject to the following guidelines:
You may return new, unused books and calendars within 14* days of receipt from UPS. Please call our Customer Service department at 800.432.7444 between 8:30 a.m. and 5:30 p.m. CST for a return authorization. No returns will be accepted without a return authorization. Refund of the purchase price and sales tax only will be issued.** Credit will be issued upon receipt and acceptance of returned item. We reserve the right to deny returns if the product is returned in poor condition. Customer is responsible for return shipping costs. A 10% restocking fee will be assessed for all returned items.
*14 days is calculated from the receipt confirmation from parcel carrier.
** Shipping costs are not refunded.
All returns should be made to our warehouse:
C/O RR Donnelley
677 Brighton Beach Road
Menasha, WI 54952
Third Party Suppliers
9. Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
We are not responsible for any incorrect or inaccurate User Content or any other third party content posted on Books Change Lives, whether made or caused by users of Books Change Lives, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of Books Change Lives.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF Books Change Lives. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF Books Change Lives, ANY CONTENT POSTED ON Books Change Lives OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF Books Change Lives, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of Books Change Lives, any Member or any other person related to or resulting from use of Books Change Lives, viewing, playing or downloading any materials on or from Books Change Lives. Books Change Lives is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of Books Change Lives. No advice or information, whether oral or written, obtained by you from us or from or through Books Change Lives shall create any warranty not expressly stated herein.
11. Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of Books Change Lives during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Books Change Lives, even if we have been advised of the possibility of such damages.
If there is any dispute between you and us about or involving Books Change Lives, by using Books Change Lives, you agree that the dispute exclusively shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. In the event of any dispute that you may bring against us, you agree that the state and federal courts located in Du Page County, Illinois shall be the exclusive venue for and shall have exclusive jurisdiction over any such dispute. In the event of any dispute initiated by us against you, you agree that the state and federal courts located in Du Page County, Illinois shall have jurisdiction over and shall be a proper venue for any such dispute, and that any such dispute may also be brought by us in any forum or venue in which jurisdiction may properly be exercised as a matter of law.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of Books Change Lives (including the posting by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
14. No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of Books Change Lives.
ATTN: Books Change Lives
1935 Brookdale Road, Ste 139
Naperville, IL 60563