Author Terms for Bookster.com
1.) Eligible Users
Bookster may change eligibility terms at any time and reserves the right to terminate any members account for any reason at any time.
2.) Password and Account Dispute
Issues
Each member is responsible for keeping their account password details to
themselves. Bookster is not responsible for any losses or issues to your
account related to hacked passwords. If an issue arises that multiple people
are in dispute about who owns an account Bookster will not get involved.
3.) Changes To Terms &
Conditions
If Bookster changes its terms in a significant way, we will notify you by email
of the changes. The current Author/Member has 10 days to close their account
before any new terms go into effect. If an Author/Member does not respond or
close their account the new terms become effective. Significant changes are
changes that will affect member authors directly.
4.) Pricing
The pricing of different promotions
on Bookster varies and is subject to change at any time. Authors will be giving
clear information on what they are purchasing before any purchasing decision is
made from the author.
5.) Payment Terms
Payment is due immediately upon purchase of the promotion or service on
Bookster.. Client hereby authorizes such payments to be charged and made by
automatic withdrawal from a United States bank or credit institution, such as a
credit card, including any past due balances, accrued penalties or late
charges, to bring Client’s account current. If payment is by credit card, the
Client authorizes Bookster to charge the credit card listed on the subscription
form for those charges for services that may accrue or for any past-due
balances, in order to bring the account to current status. Credit card payments
will be billed and charged automatically, and Bookster may charge the amount
due to the provided card at any time. Client agrees to maintain a current,
non-expired credit card on file for billing purposes.
6.) Promotion/Services Approval
Bookster and the Bookster staff
retains full right to decide which books and authors are accepted into any
particular service or promotion. The Bookster decision will be based on their
own review and what is best for Bookster and the readers of the site.
7.) Free Plans
Bookster reserves the right to give out free account and or discounts to
certain authors for certain promotions. A Free account may restrict the amount
of features available to authors on these plans. The Free plan can be given out
to any author for any reason. Bookster is not to be held if the Free Plan is
not available when an author wants to sign up. The availability of the free
plan will be determined by Bookster depending on the resources available to
serve these members. Bookster can eliminate the free Plan or free accounts at
any time with 30 day notice. If an author/member is on the free plan or account
they will be given notice in email and their dashboard if the plan is
eliminated. Anyone on the free plan can upgrade to a paid plan at any time.
Customer Service may be limited to anyone on a free plan.
8.) Coupon Codes
Bookster will occasionally supply coupon codes to certain authors. These coupon
codes are given out by Bookster and can be stopped at any time. Bookster may
give out these codes to whoever they want and for any reason. These codes can
be for whatever discount the Bookster team decides. The codes will be primarily
used to gain new customers through the running of promotions.
9.) Refunds
We are required to provide a refund only if we terminate our Services to you
without cause before the promotion or service has been rendered. There is no
other circumstance in which you will be entitled to a refund from us. Refunds
will be considered for customers who made their last payment less than 30 days
ago.
10.) Author/Member Remedies,
Limitation of Liability
In the event of a default by Bookster, the parties agree that the Client’s
damages shall be limited to the fees paid to Bookster pursuant to this
Agreement, and that Client shall not be entitled to any further, incidental or
consequential damages. The Author/Member assumes all responsibility for any
loses or damages caused by the use of our software and services. Bookster will
not be held liable for anything more than the fees paid to use Bookster’s
service no matter what the circumstance may be including any negligence on Bookster’s
half. All if Bookster’s employees, owners, investors and independent
contractors will be protected by this portion of the agreement also based on
the above language and terms.
11.) Warranties of Author/Client Client hereby warrants and covenants to Bookster:
a. Use all Bookster services for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State, or local government law, regulation, or ordinance is expressly prohibited. This includes but is not limited to, copyrighted or trademarked material, material legally determined to be threatening or obscene, or material protected by trade secret or
b.
c. Author agrees to only use images/videos they have the legal right to use. Bookster utilizes third-party tools to search for images and videos. Bookster will not be held liable for images/videos that these third-party tools incorrectly represent as free to use commercially.
d. Author agrees to not transmit on or through Bookster any sexually explicit or otherwise inappropriate images or material in Bookster, including but not limited to images of drug use or nudity, any material that is in Bookster’s sole discretion threatening, abusive, libelous, hateful, that encourages conduct that would constitute a criminal offense or give rise to civil liability, or any material that potentially jeopardizes the goals of Bookster.
12.) Privacy Policy
The Bookster Privacy Policy is a part of the terms and conditions. Please read through them.
13.) Disclaimers
Bookster will not be responsible for the behavior of any advertisers, partners
or other Author/Members actions. This includes any websites or services that Bookster
recommends or links to for Authors.
14.) Compliance With Laws
It is the Author/Members responsibility to ensure they are using Bookster
Services in compliance with all laws. Authors agree to indemnify and hold
harmless Bookster from any losses or lawsuits that result from an Author
failing to comply with any law while using our services.
The software and services of Bookster are also subject to U.S. export laws. Authors should not violate U.S. Export laws in downloading or exporting the services and software. Your use of the software and services are at your own risk.
15.) Notification of Security
Breaches
If we find out there was a security breach to any member, we will notify you as
soon as possible along with a description of what happened. The notification
will come on the website and through email.
16.) Not A Partnership
Under no circumstances shall this Agreement be considered a contract of
partnership or joint venture. Neither party shall be liable for any of the
debts, accounts, obligations or other liabilities of the other party, its
agents or employees, and neither party shall have any authority to obligate or
bind the other party in any manner except as may be expressly provided herein.
17.) Force Majeure
If any event occurs whereby Bookster’s performance hereunder is materially
hampered, as a result (wholly or in part) of any cause not entirely within its
control and which it could not by reasonable diligence have avoided, such as a
fire or other Act of God, riot, labor strike, work stoppage, refusal to work,
lock-out, slow-down, picketing, boycott, or any other concerted activities,
whether engaged in by employees or non-employees of Bookster, national or local
emergency, or any other condition disabling Bookster from performing its
Services under this Agreement, accident, calamity, or other cause not entirely
within Bookster’s control (each a “Force Majeure”), Bookster’s performance
under this Agreement shall be suspended for the period of the Force Majeure,
and Bookster shall return to Client any advance payment made by Client for the
affected period without any further liability or obligation on the part of Bookster
which arises out of such suspension.
18.) Attorneys’ Fees and Costs
In addition to the remedies provided elsewhere herein, in the event of a
default by Client, Bookster shall recover from Client Bookster’s costs of
collection and litigation, including but not limited to reasonable attorneys’
fees, expert witness fees, deposition costs, fees related to a subpoena and
related travel expenses.
19.) Indemnification
Client shall indemnify and hold harmless Bookster, its officers, directors,
shareholders, members, managers, employees, agents, heirs and assigns (the
“Indemnitees”) from and against any cost, damage, claim, liability or expense
occasioned by any negligent or wrongful act of Client or any of Client’s
officers, directors, employees, invitees, or agents, and Client shall defend
and protect the Indemnitees from and against the same at Client’s own cost and
expense. This indemnification shall survive the expiration or earlier
termination of this Agreement.
20.) No Warranty or Guaranty
Client expressly acknowledges that Bookster makes no promises or warranties,
whether express or implied, regarding the results of services provided, and
hereby explicitly disclaims any warranties that may otherwise be implied by
law, and that Bookster does not guarantee any increase in revenue, sales or
marketing performance as a result of Bookster’s Services under this Agreement.
We maintain the software and services on this website are “as is”.
21.) Assignment
Client may not transfer or assign its rights under this Agreement without Bookster’s
prior written consent.
22.) Choice of Law, Venue
This Agreement is entered into in the State of Illinois, County of McLean, and,
in the event of any controversy or litigation, shall be subject to the
jurisdiction of, and venue shall be proper in, the Circuit Court for the
Eleventh Judicial Circuit, McLean County, Illinois, and governed by and
construed in accordance with the laws of the State of Illinois, without regard
to its principles of conflicts of laws.
23.) No Waiver
No waiver shall be effective unless in writing and executed by the party to be
charged with such waiver. No waiver shall be deemed a continuing waiver in
respect of any subsequent breach or default, whether similar or dissimilar in
nature, unless expressly so stated in writing.
24.) Severability
The invalidity or unenforceability of any particular provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provision were
omitted.
25.) Amendments
Any amendments to this agreement will not be effective until an email being
sent to members. Even if we do not take action immediately on violation of any
terms, we still may take action at a further time.
26.) Change Requests
Bookster will not make a change to the terms and
agreements based on the request of a single author or member. If we decide to
take action on the terms, it will apply to all authors/members and be announced
by email and on our website.
27.) Ambiguities
Each party and its counsel have participated fully in the review and revision
of this Agreement. Any rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in interpreting this
Agreement. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
28.) Headings
Any headings preceding the text of the several sections, paragraphs or
subparagraphs hereof are inserted solely for convenience of reference and shall
not constitute a part of this Agreement, nor shall they affect its meaning,
construction or effect.
29.) Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original but together shall constitute one and the same instrument.
30.) Entire Agreement
This Agreement, including any and all exhibits hereto and links to other
important pages, reflects the entire agreement between the parties respecting
the subject matter hereof and supersedes any and all prior agreements,
understandings or commitments, written or oral between the parties hereto. Any changes,
alterations, additions or deletions to the printed contents of this Agreement
shall be effective on the date published on the website and announced to
members/Authors by email.