Terms of Service
Here's what you really need to know. Have you ever been banned from other online communities for spamming, abusive behavior, or creating problems? Are you one of the .01% of the population who creates endless litigation that has resulted in documents like this being necessary? Answering yes to these questions suggests you should very closely read these Terms of Service as you will probably become very familar with them in the near future. The rest of you while it is also suggested you read these Terms are unlikely to ever have reason to rely upon them. We apologize for the length and lack of trust these Terms imply but the litigious nature of certain individuals in the United States has resulted in these conditions. As always if there are any sections or pieces you have questions about please contact us and we will attempt to address your concerns in straightforward and simple language which better reflects the relationship we hope to have with you.
Welcome to Bookvetter.com, a website and service created to vet books by content and provide feedback to authors and readers. By accessing or using any of the Bookvetter services you signify that you have read, understand, and agree to be bound by the conditions and terms outlined in this agreement. These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the service.
This agreement will change over time to reflect specific issues that need to be addressed as matters become relevant with no prior notice being given. Your continued usage of this service will be taken as your acceptance of any new terms that are added to address new issues. If you cannot agree with the new terms then it falls to you to cancel your account and seek the services of another service that better meets your requirements. To fully protect your interests you should read the Terms of Service on a regular basis to ensure Bookvetter is still where you want to be.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND BOOKVETTER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. I Choose to Use Bookvetter
By using Bookvetter you agree to be bound to the current terms and conditions, as well as any new terms and conditions that will be added in the future. These Terms apply to anyone who uses Bookvetter or any of the associated services that might be created in the future.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bookvetter immediately of any breach of security or unauthorized use of your account. Although Bookvetter will not be liable for any losses caused by any unauthorized use of your account, you shall be liable for the losses to Bookvetter or others due to such unauthorized use.
Bookvetter is about stripping away all the hype and fluff that can surround a literary work. The point and purpose of Bookvetter is to measure content, not the book cover, name of the author, or what color of eyes the author has.
By providing feedback to other authors you will receive feedback in return. We believe that the crowd can provide a better measure of the value of a particular work than a single expert will be able to.
Not all feedback will be positive or even supportive, that’s life. In fact Bookvetter is specifically designed to provide honest and anonymous feedback; there is no incentive to lie about the quality of an author’s work. Users of Bookvetter thus need to be aware that damage to the reputation, future career, or ego of a participant on Bookvetter is a high probability. There is no guarantee of positive results or a happy ending; individuals requiring those conditions need to seek other services than Bookvetter.
2. Your Content - Authors
The content you create on Bookvetter for a pre-vetted review is no longer your content once you select submit. As part of providing anonymous and honest book reviews it is essential that there be no connection between you and the reviews you create. This applies to author reviews of pre-vetted books, reviews of Vetted Books are not anonymous and remain the property of the creator.
Situations where authors knowingly trade reviews with other authors results in flawed results. Either both parties agree to provide complimentary reviews of the others work regardless of the works merit or there are situations where authors have been observed engaging in review reprisals.
To protect the integrity of Bookvetter and the reputations of the individuals working in our community all reviews written by authors for pre-vetted books once submitted become the property of Bookvetter.
This specifically means you are not to post the same review anywhere else or acknowledge that you created a particular review. In addition you agree to create work that you will be willing to certify as your own. Plagiarism or violating the copyrights of others is not an acceptable practice.
Bookvetter may also review the content you have created and require you to modify this content if it falls short of the Bookvetter Community standards. The reviews you provide are supposed to be honest and constructive. While this does not mean positive or negative it does mean substantive.
None of the above applies to any of the material you have uploaded into the Bookvetter system for review. All images and literary material you provide for review will remain your property. However any submitted reviews of that material will become the property of Bookvetter.
3. Your Content - Book Review Bloggers
The reviews created by book review bloggers of Vetted Books are the property of the book review blogger that created the review. While Bookvetter hopes you will share those reviews of Vetted Books with the Bookvetter Community, as this is your creation and property it is also your right to handle this material as you desire.
4. License Grant
By posting any review content on the Bookvetter service, you expressly grant, and warrant that you have a right to grant, to Bookvetter a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, and publish that content. This does not include your book, your book remains your property at all times.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Bookvetter is also not obligated to accept, promote, or store for any length of time the material you create or submit.
Bookvetter reserves all rights not expressly granted in the Term of Service Agreement. Bookvetter may terminate this license at any time for any reason or no reason.
5. Bookvetter Proprietary Rights and User Comments
Except as explicitly provided herein, nothing in the Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. The use of any Bookvetter content or materials found on this site not expressly permitted by the Terms of Service Agreement is strictly prohibited.
You may choose to or we may encourage you to submit comments or ideas about Bookvetter, including without limitation about how to improve Bookvetter and what is offered. By submitting any comments, you understand your disclosure is gratuitous, unsolicited and without restriction and will not place Bookvetter under any obligation. Bookvetter is free to use all feedback without compensation or acknowledgement to you, and can disclose these comments or feedback in a non-confidential manner to anyone. You further acknowledge that Bookvetter does not waive any rights to use similar or related ideas previously known to Bookvetter, developed by employees, or obtained from sources other than you.
6. Paid Services
Billing Policies. Certain service on Bookvetter may be provided for a fee or other charge. These fees and charges, are described, and in the event you elect to use paid aspects of Bookvetter, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the time of service. Bookvetter may add new services for additional fees, or amend fees for existing services, at any time.
No Refunds. You can cancel a Bookvetter account at any time; however, there are no refunds for cancellation. As permitted in the Terms of Service Agreement, Bookvetter has the right at any time for any reason or no reason to suspend, terminate, promote your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you.
In the event Bookvetter suspends or terminates your account or this agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Bookvetter service, any content or data associated with your Bookvetter account, or for anything else. You acknowledge that Bookvetter has the perpetual and irrevocable right to delete any or all of your content and data from Bookvetter servers and from the Bookvetter service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
Bookvetter has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, or disclosure. However, Bookvetter cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide any personal information or information of any type at your own risk.
9. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Bookvetter, as set forth in the Digital Millennium Copyright Act of 1998.
Please note that this procedure is exclusively for notifying Bookvetter that your copyrighted material has been infringed upon. For additional information reference 17 U.S.C. 512(c), and contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
10. Third-Party Websites or Services
11. Limitation of Liability
You expressly understand and agree that Bookvetter will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
In short by using Bookvetter you are exposed to numerous situations where there exists the potential for you to be harmed. You agree that regardless of the damage or causes you will not hold Bookvetter to blame. Your use of Bookvetter while reckless and irresponsible is a choice you have made and are prepared to accept the full consequences of.
12. Disclaimer of Warranties
Bookvetter is provided on an "as is" and "as available" basis. Use of Bookvetter is at your own risk. The Bookvetter service is provided without warranties of any kind. You expressly understand and agree that your use of Bookvetter is at your sole risk. Bookvetter expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Bookvetter makes no warranty that the service will be uninterrupted, timely, secure, or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected. There also exists the possibility that content from Bookvetter may harm your computer or other devices used to access Bookvetter, you agree to fully accept this risk when using Bookvetter and forgo all compensation or litigation if damage should occur.
Bookvetter is controlled and operated from facilities in the United States. Bookvetter makes no representations Bookvetter services are appropriate for use in other locations. Those who access or use Bookvetter from other jurisdictions/locations do so at their own volition and are entirely responsible for compliance with local law.
This Terms of Service Agreement, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by Bookvetter without restriction.
14. Governing Law
- 1. Governing Law. You agree that:
- a) the Service shall be deemed solely based in Idaho; and
- b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Bookvetter, either specific or general, in jurisdictions other than Idaho. This Agreement shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Any claim or dispute between you and Bookvetter that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Twin Falls County, Idaho, unless submitted to arbitration as set forth in the following paragraph.
- 2. Arbitration.
- a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration;
- b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 3. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
- 4. Entire Agreement/Severability.
- 5. No Waiver.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
This Agreement, together with any other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and Bookvetter concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term in the Terms of Service Agreement shall be deemed a further or continuing waiver of such term or any other term, and the failure of Bookvetter to assert any right or provision under this Terms of Service Agreement shall not constitute a waiver of such right or provision.
15. Bookvetter Can Modify or Discontinue the Service
Bookvetter reserves the right at any time to modify or discontinue, temporarily or permanently, the Bookvetter service (or any part thereof) with or without notice, without liability to you or any third party.
16. Bookvetter Can Terminate Your Account
Bookvetter, in its sole discretion, may terminate your password, account, or use of or access to Bookvetter for any reason. The point and purpose of the Bookvetter service and Bookvetter community are easily identifiable. Reality suggests that some individuals are not suited for community interactions and are difficult to engage with. Bookvetter has no intention of spending time accommodating behavior or attitudes that require management. Participation in the Bookvetter service and community are a privilege not a right.
This policy last updated February 24, 2014. If you have any questions please Contact Us.