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Terms And Conditions Of Use
In these Terms and Conditions, ConnectViaBooks.com may refer to
the website operated under this or other names OR Onalytica Ltd, Medius House
LG,
2 Sheraton Street,
London
where relevant.
The following are the rules that govern use of
the ConnectViaBooks.com web site and the services that we may offer (the
"Site"), including without limitation virtual forums, a searchable directory of
book lists, links to other web sites, and access to news and information.
By using the Site, you agree to be bound by
these Terms and Conditions of Use (the "TCU"), including but not limited to the
Privacy Policy and other usage guidelines and rules that may be posted from
time to time, all of which are incorporated herein by reference, and to follow
the TCU and all applicable laws and regulations governing the Site. If you do
not agree, do not enter or use the Site.
ConnectViaBooks.com may update the TCU from
time to time. You are responsible for checking this page periodically for
changes and updates to the TCU. Your use of the Site following any posted
change(s) to the TCU will be deemed an acceptance of such change(s).
In addition, when using the Site, you shall be
subject to any posted guidelines or rules, which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into
the TCU. This Site is not intended for use by persons under the age of
eighteen. Individuals who are under eighteen are expressly prohibited from
posting any personally identifiable information about themselves.
Data and information relating to securities or
otherwise is provided for informational purposes only, and is not intended for
trading purposes.
Please direct any questions you may have about
the TCU, or any other legal matters, to the following e-mail address:
customerservice@ConnectViaBooks.com
1. ConnectViaBooks.com's Proprietary Rights and Permitted
Use
The Site, including without limitation any
content, software and services offered thereon, are the property of
ConnectViaBooks.com and/or its suppliers/partners. It is protected by the
copyright and/or other intellectual property laws of
England
and
Wales
and internationally. You are hereby authorized solely to view and to retain a
copy of pages of this Site for your own personal use. Do not duplicate,
publish, modify, or otherwise distribute the material on this Site unless
specifically authorized in writing by ConnectViaBooks.com to do so. Legal
notices and various other acknowledgments and credits are posted on pages of
the Site. Do not remove these legal notices or other acknowledgments or
credits, or any related information, contained on pages of the Site.
You hereby acknowledge and agree that, as
between ConnectViaBooks.com and you, all right, title, and interest in and to
the Site and the provision thereof, including without limitation any patent
rights, patents, business methods, copyrights, trademarks, trade secrets,
inventions, know-how, and all other intellectual property rights pertaining
thereto, shall be owned exclusively by ConnectViaBooks.com. Except as expressly
authorized by ConnectViaBooks.com herein, you agree not to make, copy, display,
modify, rent, lease, license, loan, sell, distribute, or create derivative
works of the Site, in whole or in part. You agree not to access the Site by any
means other than through the interface that is provided by ConnectViaBooks.com
for use in accessing the Site. In connection with your use of the Site,
ConnectViaBooks.com may make software available to you for download from the
Site; your download and use of such software shall be pursuant to a separate
license agreement that shall be agreed to upon your download or installation of
such software.
2. User Contributions to the Site
ConnectViaBooks.com provides users with the
opportunity to contribute to the Site and to communicate with other users. You
understand that all information, data, text, links, articles, software,
photographs, graphics, video, music, sound, messages, or other materials posted
by you on the Site (collectively, the "User Content"), whether publicly posted
or privately transmitted, are the sole responsibility of you or other users
posting or transmitting such User Content. This means that you, and not
ConnectViaBooks.com, are entirely responsible for all User Content that you
upload, post, email, or otherwise transmit via the Site. It is your obligation
to ensure that no copyright, trademark, trade secret, publicity or privacy
rights, or other intellectual property rights are being violated by your
posting or transmission of any User Content via the Site.
ConnectViaBooks.com does not guarantee the
accuracy, integrity, appropriateness, or quality of such User Content. The User
Content posted by users or other third parties does not necessarily represent
the views or opinions of ConnectViaBooks.com and under no circumstances will
ConnectViaBooks.com be liable in any way for any User Content, including, but
not limited to, any loss or damage of any kind incurred as a result of the use
of any User Content posted, emailed, or otherwise transmitted via the Site.
Users can be held liable for any illegal or
prohibited User Content they provide to the Site or to other users, including,
for example, infringing, defamatory, or offensive materials. So that the Site
is available for all users to enjoy, you may not, and hereby represent and
warrant that you will not, post, transmit, email or otherwise make accessible
on or through the Site User Content that:
- Is unlawful, harmful, threatening, tortuous,
defamatory, libellous, abusive, disparaging, paedophilic, pornographic,
obscene, invasive of another's privacy, hateful, or malicious; Contains hate
propaganda or promotes discrimination or violence against any people on account
of their race, national origin, religion, age, gender, disability, or sexual
orientation;
- Is or could be harmful to minors; Harasses or
advocates harassment of another person; Involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing (or "spamming"); Promotes
information that you know is false, misleading, or promotes illegal activities
or conduct; Is or promotes an illegal or unauthorized copy of another person's
work, such as providing pirated computer programs or links to them, or
providing information to circumvent manufacture-installed copy-protect devices;
Infringes any patent, copyright, trademark, service mark, trade secret, or
other proprietary right of any other party;
- Contains restricted password only access
pages, or hidden pages or images (those not linked to or from another
accessible page);
- Provides material that exploits people under
the age of 16 in a sexual or violent manner, or solicits personal information
from anyone under 16;
- Provides instructional information about
illegal activities such as making or buying illegal weapons, or providing or
creating computer viruses;
- Contains a software virus or any other code
files or programs that are designed to or have the ability to interrupt,
destroy, compromise, or otherwise limit the functionality of any computer
software or hardware or telecommunications equipment whether owned by
ConnectViaBooks.com or any other party;
- Solicits passwords, or personal identifying
information for commercial or unlawful purposes from other users; or Otherwise
violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with
your use of the Site: Impersonate any person or entity, including a
ConnectViaBooks.com officer or employee, or falsely misrepresent your
affiliation with any other person or entity;
Forge headers or otherwise manipulate
identifiers for the purpose of disguising the origin of any User Content posted
or transmitted through or on the Site;
Engage in commercial activities and/or sales
without ConnectViaBooks.com's prior written consent including, without
limitation, contests, sweepstakes, barter, or advertising; Post or transmit any
Content that you do not have the right to post or transmit;
Post or submit unsolicited commercial e-mail,
chain letters, pyramid schemes, or seek or encourage others to engage in these
activities;
Disrupt the ordinary flow and operation of any
portion of the Site, including causing a screen to scroll faster than another
User may be able to type in a chat room or bulletin board environment;
Interfere with or disrupt the Site or any
server or network involved with the operation of the Site; Stalk or harass any
other person; or
Collect or "harvest" from the Site the names of
other users for the purpose of transmitting to those other users unsolicited
commercial messages.
If you discover this kind of material or
activity on the Site, please notify us at
customerservice@ConnectViaBooks.com
3. License To User Content
With respect to User Content you elect to post
or transmit for inclusion in or on the Site, you grant ConnectViaBooks.com and
its affiliates and partners the perpetual, world-wide, royalty free,
non-exclusive, sub-licensable license as follows: to use, reproduce, translate,
alter, perform, display, modify, adapt, and publish such User Content, in whole
or in part, in all present and future media and in any manner relating to the
Site (including without limitation in connection with the appearance of such
User Content on ConnectViaBooks.com and on the sites of our affiliates,
partners and others with whom ConnectViaBooks.com may have business
relationships relating to the Site) and the distribution and promotion of the
Site. You further agree that ConnectViaBooks.com is free to use any ideas,
know-how, concepts, techniques or other materials you send us for any purpose.
Without limitation of any of the rights granted
to ConnectViaBooks.com herein, you acknowledge and agree that
ConnectViaBooks.com may preserve User Content and may also disclose User
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TCU; (c) respond to claims that any User Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of ConnectViaBooks.com, its users and the public.
4. Indemnity
You agree to indemnify and hold ConnectViaBooks.com, its
subsidiaries, affiliates, officers, agents, co-branders, and other partners and
employees, harmless from any loss, liability, claim or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
User Content you submit, post to, or transmit through the Site, your use of the
Site, including your use of the Site to provide a link to another Site or to
upload content or other information to the Site, or your violation of the TCU
or any applicable laws or the rights of another.
5. Links and Search Results
The Site may provide links and automatically
produce search results, or third parties may provide information, that
reference or link to other World Wide Web sites or resources.
ConnectViaBooks.com has no control over such sites and resources, and you
acknowledge and agree that ConnectViaBooks.com is not responsible for the
content or information contained therein. ConnectViaBooks.com cannot and does
not guarantee, represent, or warrant that the content or information contained
in such third-party sites is accurate, legal and/or inoffensive.
ConnectViaBooks.com does not endorse the content or information of any
third-party site or resource, and further does not warrant that such sites or
resources will not contain viruses or otherwise impact your computer. By using
the Site to search for or link to another site, you agree and understand that
ConnectViaBooks.com shall not be responsible or liable, directly or indirectly,
for any damages or loss caused or alleged to be caused by or in connection with
your use of, or reliance on, the Site to obtain search results and/or to link
to another site. However, if you have a problem with a link from the Site,
please let us know at
customerservice@ConnectViaBooks.com.
6. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site, use of the Site,
or access to the Site, without the express, prior, written consent of
ConnectViaBooks.com in each instance.
7. Modifications to Site
ConnectViaBooks.com reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the Site (or any part thereof) with or without notice. You agree
that ConnectViaBooks.com shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Site.
8. Suspension and/or Termination Rights
ConnectViaBooks.com reserves the right, at its
sole discretion, immediately and without notice, to suspend or terminate the
TCU, your registration for any program, your ability to access the Site, your
ability to utilize any email services offered on the Site, and/or to remove any
User Content, for any reason, including without limitation any breach by you of
the TCU or conduct by you that ConnectViaBooks.com determines to be
inappropriate. You agree that ConnectViaBooks.com shall not be liable to you or
any third-party for any suspension or termination pursuant to this provision.
9. Copyright Policy
ConnectViaBooks.com understands and respects
the importance of intellectual property. If you believe that your work has been
copied in a way that constitutes copyright infringement then please let us know
as soon as possible.
10. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a)
provide true, accurate, current and complete information about yourself as
prompted by the Site's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or ConnectViaBooks.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ConnectViaBooks.com has the right to suspend,
terminate, or refuse any and all current or future use of the Site (or any
portion thereof).
11. Privacy Policy
We believe that your privacy and the privacy of all of our users
is important. Please click here to review our Privacy Policy, to which you
hereby agree. Upon registering on the Site, you will be given an opportunity to
"opt in" to receive mailings from ConnectViaBooks.com by "checking" on a box in
the registration form. If you submit the registration form with the box
checked, you thereby consent to being placed on this mailing list. You may
subsequently contact us to request to be removed from this list. (For purposes
of the TCU, "partners" includes, in addition to third parties with whom
ConnectViaBooks.com may have co-branding arrangements or some other business
relationship or alliance, other Web sites incubated or funded by Onalytica
Ltd., as such term is defined below.)
12. Back-Up
ConnectViaBooks.com is not liable for any lost data resulting
from the operation of our Site and/or the enforcement of the TCU (including
without limitation content from any e-mail account hosted by
ConnectViaBooks.com), and is not obligated to maintain back-up copies of any
contributed User Content or e-mail messages. We recommend that you retain a
copy of all User Content that you post or distribute to, or through, the Site.
You understand and agree that ConnectViaBooks.com may release information about
you if required by law or subpoena, or if the information is necessary or
appropriate to release to address an unlawful or harmful activity.
13. Password and Security
ConnectViaBooks.com cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section. Without limitation to the generality of the foregoing, due to the
nature of Internet, computers, data flow, and other technical and economical
practicalities, the Site, like most computer data and Internet applications, is
vulnerable to various security issues and hence should be considered unsecured.
By using the Site and the Internet in general, you may be subject to various
risks, including, among others, eavesdropping, sniffing, spoofing, forgery,
spamming, "imposturing", tampering, breaking passwords, harassment, fraud,
electronic trespassing, hacking, system contamination including without
limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or
harmful access and/or retrieval of information and data on your computer and
other forms of activity that may even be considered unlawful. Information
(including Registration Data, passwords and User Content) received or delivered
or intended to be made available on and through the Site may be subject to
these and other security or privacy hazards or may not reach its destination or
reach an erroneous address or recipient. The Site is not different than other
applications in this respect. Without limitation of the foregoing, although we
take seriously the security of all member accounts and other personal and
non-personal information associated with our visitors and participants, due to
the open communication nature of the Internet, we can not guarantee that your
account will be free from unauthorized access by third parties.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site, and its
content, are delivered on an "as is" and "as available" basis.
ConnectViaBooks.com 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, or non-infringement.
ConnectViaBooks.com makes no warranty that the Site or any related services,
such as email, links, or searches offered on the Site will be error-free,
uninterrupted, timely, secure, or that it will provide specific results from
use of the Site or any content, search or link therein. ConnectViaBooks.com
further cannot ensure that files you download from the Site will be free of
viruses, Trojan horses, bugs, contamination, or destructive features. Any
material viewed, downloaded, or otherwise obtained through the use of the Site
is done solely at your own discretion and risk, and ConnectViaBooks.com will
not be liable for any damages of any kind arising from the use of the Site,
including, without limitation, direct, indirect, incidental, punitive, or
consequential damages. No advice or information, whether oral or written,
obtained by you from ConnectViaBooks.com or through or from the Site shall
create any warranty not expressly stated in the TCU. Data and information
relating to securities or otherwise is provided for informational purposes
only, and is not intended for trading purposes. Neither ConnectViaBooks.com nor
any of its data or content providers shall be liable for any errors or delays
in the content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that
ConnectViaBooks.com shall not be liable for any indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if
ConnectViaBooks.com has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the Site; (ii) the cost of
procurement of substitute goods or services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through or from the Site; (iii) unauthorized access
to or alteration of your transmissions or data; (iv) statements or conduct of
any third party on the Site; or (v) any other matter relating to the Site or
the content thereon, including without limitation any user content posted
thereon. In no event will ConnectViaBooks.com be liable for any damages in
excess of five thousand pounds sterling. (£5.000)
16. Exclusions and Limitations
Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the above limitations
may not apply to you.
17. Miscellaneous
The TCU constitutes the entire agreement
between you and ConnectViaBooks.com and governs your use of the Site,
superseding any prior agreements between you and ConnectViaBooks.com. You may
also be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software. You agree
that the TCU and the relationship between you and ConnectViaBooks.com shall be
governed by the laws of the
United
Kingdom
without regard to its conflict of law provisions. You agree to submit to
personal and exclusive jurisdiction by and venue in the courts of the
United
Kingdom
. The failure of ConnectViaBooks.com to exercise or enforce any right or
provision of the TCU shall not constitute a waiver of such right or provision.
If any provision of the TCU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TCU remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Site or the TCU must be filed within one (1) year after such claim or cause of
action arose or be forever barred. Refunds will be given at the discretion of
the Company Management.
The section titles in the TCU are for convenience only and have
no legal or contractual effect.
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