Terms and Conditions
B:Book™ provides personal print-on-demand publishing services that allow its customers to create, design, layout, print and publish professional quality books (each, a “Book”). The services offered by B:Book™ (“B:Book™”, “us” or “we”) include the B:Book™ personal print-on-demand publishing services, the B:Book™ website with the B:Book™ community (the “Website”).
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Amendments. B:Book™ may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by B:Book™ on the Website, (2) for existing Users, thirty (30) days after posting by B:Book™ on the Website, (3) if the modifications to the Agreement are material, thirty (30) days after B:Book™ sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
2. Fees. You acknowledge that B:Book™ reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by B:Book™ on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to B:Book™ as set forth on the Website.
3. Conditions of sale
3.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. B:Book™ currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before B:Book™ invoices the credit card for all amounts due and payable. By providing B:Book™ with your credit card number and associated payment information, you agree that B:Book™ is authorized to immediately invoice your account for all fees and charges due and payable to B:Book™ as a result of your purchase of any Books or other products. You agree to immediately notify B:Book™ of any change in your billing address or the credit card used for payment hereunder. B:Book™ reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
3.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, or value-added taxes, unless you provide B:Book™ with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. B:Book™ may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as B:Book™ has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered as an importer and must comply with all laws and regulations of such country.
3.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: B:Book™ Customer Service, Towards Wholeness LTD. of P.O.B 244 Moshav Sde Warburg, 44935, Israel, or via B:Book™’s Order Support. If B:Book™ does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by B:Book™ or its agents.
3.4 Returns. All sales of Books and other products are subject to B:Book™’s then-current return policies, as posted on the Website.
4. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify B:Book™’s acceptance of your order, nor does it constitute confirmation of our offer to sell. B:Book™ reserves the right at any time after receipt of your order to accept or decline your order for any reason. B:Book™ further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by B:Book™ upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
5. Title and Risk of Loss. All sales of Books and other products are made Ex Works (Incoterms 2000) B:Book™’s designated point of shipment, and title and risk of loss to each shipment of the Books and other products shall pass to you when B:Book™ makes such shipment available to a carrier.
6. Your Book Content
6.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to B:Book™ for Books and print services, or that you contribute to the Books of other Members.
6.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
6.3 Submission of Your Book Content. You may use the B:Book™ Book-Smart software to submit your Book Content to B:Book™ for publication or prepare and submit your Book Content to B:Book™ through B:Book™’s BOOKIFY on-line service. Alternatively, you may submit your Book Content by providing us with a PDF which meets the specifications required by B:Book™.
6.4 License. In order for B:Book™ to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
6.4.1 License to print your Books. You hereby grant to B:Book™ a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Books). You agree that B:Book™ reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
6.4.2 License to use your Book Content for optional B:Book™ features. In the event you decide to use any optional feature that B:Book™ may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to B:Book™ a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for B:Book™ to provide such optional feature.
7. B:Book™ Content. The Services contain Content of B:Book™ and its licensors (“B:Book™ Content”). B:Book™ and its licensors (including Users) own and retain all proprietary rights in the B:Book™ Content and the Services. B:Book™ hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the B:Book™ Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the B:Book™ Content.
8. Other Content. You hereby grant to B:Book™ an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, other than your Book Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”).
9. Your Content and Activity. You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that B:Book™ retains the right to create limits on B:Book™'s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
10. Prohibited Content.
YOU MAY NOT INCLUDE “PUBLISHED BY B:BOOK™,” “B:BOOK™ PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT B:BOOK™ IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Book Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of B:Book™; or (xii) otherwise violates this Agreement or creates liability for B:Book™. B:BOOK™ RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold B:Book™ and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
10.1 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any B:Book™ page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
10.2 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of B:Book™. You will use the Services in a manner consistent with any and all applicable laws and regulations.
10.3 Enforcement by B:Book™. B:Book™ has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of B:Book™ violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for B:Book™, its suppliers, service providers, partner companies, or any User. B:Book™ reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
11. Copyright Policy. It is B:Book™’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to B:Book™ by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for B:Book™’s Copyright Agent for notice of claims of copyright infringement is as follows: B:Book™ Inc , Copyright Agent.
12. Third Parties and Other Users
12.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because B:Book™ does not control such Content, you agree that B:Book™ is not responsible for any such Content, including advertising and information about third party products or services. Because B:Book™ does not have control over such Content, B:Book™ makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and B:Book™ assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
12.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. You agree that B:Book™ will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), B:Book™ is under no obligation to become involved; however, B:Book™ reserves the right to monitor disputes between you and other Users.
12.3 Contribution. B:Book™ only provides a platform for Investors and Contributors to contribute and receive Content for a Book project and it is solely up to the inventors and Contributors to agree on the use of such Content and the use and distribution of any Book that may contain such Content.
13. Limited Warranty
13.1 Limited Warranty for Books. B:Book™ warrants that, subject to minor differences across products and printing partners as described in B:Book™’s Return Policy, Books will be free of any defects in materials and workmanship. B:Book™ will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books which you report to B:Book™ via B:Book™’s Order Support within fourteen (14) days of your receipt thereof.
13.2 Exceptions to Warranty. B:Book™ does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; B:Book™ is not responsible for any incorrect or inaccurate posted on the Services, whether caused by Users, or by any of the equipment or programming associated with or utilized in the Services. B:Book™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. B:Book™ is not responsible for any problems due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall B:Book™ be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
13.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13.1 ABOVE, (B) B:BOOK™ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT B:BOOK™’s CUSTOMER SUPPORT DEPARTMENT AT Towards Wholeness LTD., of P.O.B 244 Moshav Sde Warburg, 44935, Israel.
14. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, B:BOOK™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF B:BOOK™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, B:BOOK™’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO B:BOOK™ IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE B:BOOK™’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF B:BOOK™ OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Release. You hereby release B:Book™, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
16. Indemnity. You agree to defend, indemnify, and hold B:Book™, its subsidiaries, affiliates, officers, agents, 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 your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
17. Electronic communications. The communications between you and B:Book™ use electronic means, whether you visit the Website or otherwise use the Service or send B:Book™ e-mails, or whether B:Book™ posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from B:Book™ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that B:Book™ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
18. Governing Law and Arbitration. This Agreement shall be governed by the laws of the state of Israel without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and B:Book™ agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Tel aviv-jaffa in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ICC Provider”) that offers arbitration as set forth in this section and under the rules of such ICC Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ICC Provider and the other party shall not unreasonably withhold consent to use such ICC Provider. The ICC Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ICC Provider. Notwithstanding the foregoing, B:Book™ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from the Israeli law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the B:Book™ Services.
19. Relationship of Parties. You and B:BooK™ are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, that would reasonably contradict anything in this section.
20. Notices. B:Book™ may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with B:Book™, or by written communication sent by first class mail or pre-paid post to your address on record with B:Book™. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to B:Book™, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by B:Book™) at any time by any of the following: letter sent by confirmed facsimile to B:Book™ at the following fax number: +972-97416304, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to B:Book™ at the following address: Chief Operating Officer, B:Book™, Inc., Towards Wholeness LTD., of P.O.B 244 Moshav Sde Warburg, 44935, Israel.
21. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”