Conditions of Use

Welcome to BooksCloud.io ("BooksCloud"). BooksCloud provides website features and other products and services to you when you visit or shop at BooksCloud, use BooksCloud products or services, use BooksCloud applications (collectively, "BooksCloud Services"). By using the BooksCloud Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

PRIVACY

Please review our Privacy Policy, which also governs your use of BooksCloud Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use BooksCloud Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BooksCloud Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any BooksCloud Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BooksCloud or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BooksCloud Service is the exclusive property of BooksCloud and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BooksCloud Service are trademarks or trade dress of BooksCloud in the U.S. and other countries. BooksCloud’ trademarks and trade dress may not be used in connection with any product or service that is not BooksCloud’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BooksCloud. All other trademarks not owned by BooksCloud that appear in any BooksCloud Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BooksCloud.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, BooksCloud or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BooksCloud Services. This license does not include any resale or commercial use of any BooksCloud Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BooksCloud Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BooksCloud or its licensors, suppliers, publishers, rightsholders, or other content providers. No BooksCloud Service, nor any part of any BooksCloud Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BooksCloud. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BooksCloud without express written consent. You may not use any meta tags or any other "hidden text" utilizing BooksCloud’ name or trademarks without the express written consent of BooksCloud. You may not misuse the BooksCloud Services. You may use the BooksCloud Services only as permitted by law. The licenses granted by BooksCloud terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own BooksCloud account to use certain BooksCloud Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Account to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. BooksCloud does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BooksCloud Services only with involvement of a parent or guardian. BooksCloud reserves the right to refuse service, terminate accounts, terminate your rights to use BooksCloud Services, remove or edit content, or cancel orders in its sole discretion and without notice.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BooksCloud reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BooksCloud a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BooksCloud and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BooksCloud for all claims resulting from content you supply. BooksCloud has the right but not the obligation to monitor and edit or remove any activity or content. BooksCloud takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

BooksCloud respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All purchases of physical items from BooksCloud are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

BooksCloud does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, BooksCloud does not take title to the refunded item. For more information about our returns and refunds please click here.

PRODUCT DESCRIPTIONS

BooksCloud attempts to be as accurate as possible. However, BooksCloud does not warrant that product descriptions or other content of any BooksCloud Service is accurate, complete, reliable, free of copyright or trademark, current, or error-free. If a product offered by BooksCloud itself is not as described, your sole remedy is to return it in unused condition for a refund.

PRICING

"Price" means the retail price of a product. We regularly check Prices against prices recently found on BooksCloud and other retailers. Certain products may have a "Compared Price" displayed, which is determined using recent price history of the product on BooksCloud.

With respect to items sold by BooksCloud, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BooksCloud is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally charge your credit card when your order is placed.

APP PERMISSIONS

When you use apps created by BooksCloud, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any BooksCloud Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using BooksCloud Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BooksCloud Services AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BooksCloud Services ARE PROVIDED BY BooksCloud ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BooksCloud MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BooksCloud Services, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BooksCloud Services, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BooksCloud Services IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BooksCloud DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BooksCloud DOES NOT WARRANT THAT THE BooksCloud SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BooksCloud SERVICES, BooksCloud’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BooksCloud ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS nor FREE FROM COPYRIGHT OR TRADEMARK HELD BY THIRD PARTIES. TO THE FULL EXTENT PERMISSIBLE BY LAW, BooksCloud WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BooksCloud SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BooksCloud SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any BooksCloud Service will be adjudicated in binding individual arbitration in Delaware, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. Each of us may bring claims against the other on an individual basis, not a class, representative, or collective basis. Disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this paragraph is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies). To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the AAA’s rules and fee schedules.

APPLICABLE LAW

By using any BooksCloud Service, you agree that applicable federal law, and the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BooksCloud. If there are claims that aren’t subject to arbitration, we each agree to litigate those claims exclusively in the United States District Court for the District of Delaware, and to submit to the personal jurisdiction of those courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of BooksCloud Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL BooksCloud SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with BooksCloud Services (the "BooksCloud Software").

 Use of the BooksCloud Software. You may use BooksCloud Software solely for purposes of enabling you to use the BooksCloud Services as provided by BooksCloud, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the BooksCloud Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the BooksCloud Software in whole or in part. All software used in any BooksCloud Service is the property of BooksCloud or its software suppliers and is protected by United States and international copyright laws.

Use of Third Party Services. When you use the BooksCloud Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the BooksCloud Software, whether in whole or in part.

Updates. We may offer automatic or manual updates to the BooksCloud Software at any time and without notice to you.

Conflicts. In the event of any conflict between these Conditions of Use and any other BooksCloud or third-party terms applicable to any portion of BooksCloud Software, such as open-source license terms, such other terms will control as to that portion of the BooksCloud Software and to the extent of the conflict.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for BooksCloud devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.