Book+Main Terms of Service

Last Updated: August 17, 2019

These terms and our privacy policy (which you can find at bookandmainbites.com/privacy-policy) govern your use of our services, sites, and apps.  Please read them carefully.  To make these terms easier to read, we will call our sites, services and apps collectively the “Platform.”  When we refer to “we,” “us” and other cases of those words in these terms, we refer to Book+Main, Inc.

Agreement to Terms

By using our Platform, you will indicate your agreement that these terms bind you.  If you don’t agree to these terms, then we do not authorize you to use the Platform.

Privacy Policy

Please see our privacy policy at bookandmainbites.com/privacy-policy for information on how we collect, process, use and disclose information from our users.

Changes to Terms or Platform

We can change these terms at any time by posting the new terms on the Platform or through other communications.  It’s important that you review the changed terms because your continued use of the Platform after we announce our changes will indicate your agreement to new terms.  If you don’t agree to the new terms, you will lose any previous authorization to use the Platform.

Our Platform may evolve and we may change or discontinue the Platform or any part or feature of it at any time at our sole discretion.

Agreement to Arbitration

YOUR AGREEMENT TO THESE TERMS MEANS THAT YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE DISPUTE RESOLUTION SECTION BELOW, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING ANY TERMS RELATING TO THIS PLATFORM.  PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

Who May Use the Platform

·      You may use the Platform only if you are 18 years or older and may lawfully use the Platform.  We may choose to restrict you from certain parts of our Platform if you are younger than 18.

·      To use some features of the Platform you’ll have to create an account.

·      You may subscribe to our paid Platform only if you authored a book that has been published on print media or has been electronically published and is available for purchase through Amazon or iTunes. We reserve the right to reject subscriptions to our paid Platform at our discretion.

Subscriptions

If you subscribe to any of our paid features on the Platform, you agree to pay us the applicable fees and taxes.  All payments are non-refundable.  For more information on our subscriptions please visit bookandmainbites.com/dashboard/subscription/overview.  You authorize us and our third-party payment processor to store and bill your payment method (e.g. charging your credit card monthly or annually), so you can use our Platform.  You are responsible for all applicable taxes.

You may cancel your subscription at any time by following the steps on our Platform.

If you cancel your subscription, your cancellation will be effective immediately, but we will allow you to access the subscription features until the most recently paid-for subscription period ends, and then we will disable the paid features on your account.  Cancelling your subscription won’t cancel your account.  See the Modification or Termination of Platform section below for information on canceling your account.

Free Trials

We may offer subscriptions on a free trial basis for a specified period of time, subject to applicable terms we communicate to you.

Feedback

You may wish to let us know your views, criticisms, suggestions, and other comments about our Platform, including any defects you discover or improvements you suggest.  You can send an email with your feedback to contact@bookandmain.com.  You agree that, by sending us feedback, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to all intellectual property rights that you own or control with respect to the feedback.  In other words, you can’t send or offer us feedback and then claim that you can control our use of it or receive any compensation for it or for any benefits we may receive from using it.

Materials on the Platform

There are lots of great materials on the Platform.  Some of the material comes from our users who contribute the material that you access through the Platform.  In this agreement we refer to any material you provide us, including comments you make on materials and articles you read (but not feedback on our Platform, which we referred to and provided for separately above) as “your contribution.” You keep all your rights in your contribution, subject to the irrevocable license you give us below, and nothing in this agreement restricts any rights that you have in your contribution.  You agree that we may have our own distinct and independent rights to own the collection, selection, and arrangement of materials on our Platform, which may include your contribution as part of the larger collection.

You are responsible for your contribution.  This means you assume all risks related to it, including someone else’s reliance on its accuracy or claims relating to intellectual property or other legal rights.

Rights You Grant Us

You agree that, by submitting your contribution to us, you grant us (and any successors to any part of our business) a non-exclusive, irrevocable, transferable, sublicensable, worldwide, royalty-free license (a) to use, reproduce, modify (for formatting purposes only), publicly display, publicly perform and distribute your content on, through or by means of our Platform and any future services we may offer or conduct, including for commercial, advertising and promotional purposes relating to our Platform; and (b) to use your name, image or likeness to the extent you submit them on our Platform so that we can identify you as the source of your contributions.  You may remove any of your contributions via the functionality we provide on our Platform.  You understand and agree, however, that we may not necessarily remove some or all of your contribution (including posts or comments you make), and your contribution may continue to exist on the Platform.  We may link your contribution, your name, image or likeness to parts of our Platform and to websites of our business partners and contractors via affiliate links for those business partners and contractors advertising or offering your contribution and other works for sale.  We may also remove or replace any links that you submit to our Platform.

Rights We Grant You

So long as you comply with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view any public material on our Platform solely for your personal and non-commercial purposes while you are using the Platform.  You agree that you won’t use any materials except as we expressly permit in these terms. 

Additional Terms for Apps

Conditioned upon your full and continuing compliance with these terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to install an app that is part of our Platform on a mobile device or computer that you own or control and to operate the app solely for your own personal non-commercial purposes.  You may not otherwise reproduce the app except for necessary backup or archival purposes.  Except as we expressly permit in these terms, you may also not: (i) modify or create derivative works based on the app; (ii) disseminate, distribute, transmit, transfer, transfer ownership of, sublicense, lease, lend or rent the app, or any copies of it, to any third party; (iii) publicly perform or display the app; (iv) reverse engineer, decompile or disassemble the app; or (v) make the functionality of the App available to multiple users through any means, including by your using the app to provide services to others.  The app is our intellectual property and we reserve all rights regarding it that we have not expressly granted you.

If you accessed or downloaded the app from the Apple Store, then you agree to use the app only (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software) and (ii) as the “Usage Rules” in the Apple Store’s terms of service permit.

If you accessed or downloaded the App from any other source we authorize (like Apple Store, Google Play or the Amazon Appstore, you acknowledge and agree that:

·      These terms govern the relationship, transactions, and interactions between you and us, and not the other authorized source, subject to the limited third-party beneficiary rights afforded to the authorized source; as between us and the other authorized source, we have the sole rights in, and are solely responsible for, the app.

·      The other authorized source has no obligation to furnish any maintenance and support services with respect to the app.

·      In the event of any failure of the app to conform to any applicable warranty, you may notify the other authorized source and seek a refund; if appropriate, the other authorized source will process a refund of the purchase price for the app to you (if applicable) and, to the extent permitted by applicable law, the other authorized source will have no other obligation of any sort with respect to the app.  You must direct any other claims for losses, liabilities, damages, costs or expenses attributable to any failure of an app to conform to any warranty to us alone.

·      The other authorized source is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

·      In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, we may exercise sole authority to investigate, defend, settle, or otherwise resolve the claim.

·      The other authorized source and its subsidiaries are beneficiaries of these terms as they pertain to your license and use of the app.  Upon your acceptance of these terms, the other authorized source shall have the right (and will be deemed to have accepted the right) as beneficiaries to enforce these terms against you.

·      You must comply with all applicable terms of service of others when using the app.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the app, any related technical data, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, any laws and regulations.  By obtaining, installing, or using the app you represent and warrant that: (i) you are not in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not on any U.S. Government list of prohibited or restricted parties.

Don’t Mistreat Us or Abuse Our Platform.

You agree to respect our rights, including intellectual property rights.  We forbid you from doing the following, and you agree to refrain from doing or attempting the following:  (a) to access or tamper with non-public areas of our Platform, our computer systems, or the systems of our technical providers; (b) to access or search our Platform by any means other than the currently available, published interfaces that we provide; (c) to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Platform to send altered, deceptive, or false source-identifying information; or (d) to interfere with, or disrupt, the access of any user, host, or network, including by sending a virus through, overloading, flooding, spamming, or mail-bombing our Platform, or by scripting the creation of material or user accounts in a manner that interferes with, or creates an undue burden on, our Platform.  You agree not to crawl or use automated scripts on our Platform unless you do it in accordance with any express provisions of our robots.txt file, but in any event scraping the Platform or any material on it is prohibited and unauthorized.

You agree not to post any material or take any action on the Platform that infringes or violates someone else's rights or otherwise violates the law or is obscene, pornographic, vulgar or otherwise offensive.  Without our express written consent, you will not use, display, mirror or frame the Platform or any individual element within the Platform; our name, any of our trademarks, logos, or other identifiers; any of our proprietary information; or the layout and design of any page or form contained on any page or display on our Platform.  We may remove or disable access to any material, at any time and without notice, for any reason or no reason.

Copyright Policy and Address for Notifications of Claimed Copyright Infringement

We respect copyright law and expect our users to do the same.  It is our policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on our Platform.  Please see Book+Main’s Copyright Policy at bookandmainbites.com/copyright-policy, for further information.

Links to Third Party Websites or Resources

Our Platform may provide links to third-party resources.  If you follow those links you assume sole responsibility for all risks arising from those resources.

Modification or Termination of Platform

We may modify or terminate access to the Platform or any part or aspect of it, or remove or disable access to any material, at our sole discretion, at any time and without notice.  You may cancel your account at any time by sending an email to us at contact@bookandmain.com.  Upon any termination, discontinuation or cancellation of the Platform or any part or aspect of it, or of your account, all provisions of these terms shall survive apart from those terms that depend upon continuation of any discontinued part or aspect of the Platform.  They include, without limitation, ownership provisions, disclaimers, limitations of liability, dispute resolution provisions, and general terms.

Disclaimers; Limitation of Liability

WE PROVIDE YOU WITH VARIOUS SERVICES AND PRODUCTS THAT ARE PART OF OUR PLATFORM.  YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK AND DISCRETION.  THAT MEANS THAT WE MAKE NO WARRANTY, EXPRESS OR IMPLIED.  IN PARTICULAR, WE MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF THE PLATFORM OR FROM ANY HARM RELATING TO THE PLATFORM.  THIS INCLUDES IF THE PLATFORM IS HACKED, IMPAIRED, OR UNAVAILABLE.  THIS LIMITATION APPLIES TO ALL TYPES OF DAMAGES (INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL) AND TO ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LOSS OR HARM.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law

You agree that Illinois law governs these terms without regard to its conflict of laws provisions.

Dispute Resolution

You and we agree to resolve any claims relating to these terms or the Platform through final and binding arbitration.  Notwithstanding the previous sentence, you may decline to arbitrate any claims by emailing a notice of opt out to contact@bookandmain.com within 30 days of first accepting terms of use of the Platform.  The American Arbitration Association (AAA), or in the event AAA is unavailable, a comparable arbitration body, will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  The arbitration will be held in the United States county where you live or work; Chicago, Illinois; or any other location to which we agree.  The AAA rules will govern payment of all arbitration fees.  We will pay all fees of the arbitration tribunal and arbitrator(s) for claims less than $75,000 and we will not seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or you brought it for an improper purpose.  Either you or we may assert claims, if they qualify, in small claims court in Chicago, Illinois or any United States county where you live or work.  Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform, or intellectual property infringement or misappropriation (for example, trademark, trade secret, or copyright rights) without first engaging in arbitration.  You may resolve disputes with us only on an individual basis.  That means you may not bring a claim as a plaintiff representative or a member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.  In the event that a court or arbitration panel determines that the agreement to arbitrate does not to apply to you or your claim, any judicial proceeding (other than small claims actions) must be brought only in the federal or state courts of Chicago, Illinois.  Both you and we consent to venue and personal jurisdiction there.

General Terms

If we do not exercise a particular right under this agreement, we do not waive that right.  These terms are the whole agreement between us and you concerning the Platform.  You agree that, if a court or arbitration panel rules that any provision of these terms is invalid, the arbitration panel or court should try to give maximum effect to the parties’ intentions as reflected in the provision and other provisions of these terms will remain in full effect.  We may freely assign our rights and obligations (if any) under these terms but you may not assign your rights or obligations under these terms without our consent.  Any attempt by you to assign or transfer your rights or obligations under these terms without such consent shall be void.  Any notices or other communications we provide under these terms, including those regarding modifications to these terms, may be given (i) by email, (ii) by posting to the Platform or any part of the Platform, or (iii) by any other method we deem to be reasonably sufficient to effectuate notice.  For notices we give by e-mail, the date of transmittal shall constitute the date of the notice, regardless of receipt of, or access to, the message.  Any notice you provide us under these terms shall be considered given on the date we actually receive the notice.

Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.

Contact Information

If you have any questions about these terms or the Platform, please contact us at contact@bookandmain.com.