TERMS AND CONDITIONS
Thank you for using BookFusion! These terms of service (the “Terms”) govern your access to and use of BookFusion (“we” or “our”) websites and services, so please carefully read them before using the Services.
BookFusion provides users of the services and web pages located at bookfusion.com, and their associated subdomains, (the "Site") with a free platform for the syndication of, linking to or uploading of e-books, and other features, functions, or services on the Site (collectively, the "Services").
Acceptance of Terms
This Agreement sets out the legally binding terms between you and BookFusion. This Agreement applies to all users of the Service, including users who upload book content and or its associated metadata, information, and other materials or services on the Site. This Agreement applies to all Users regardless of if they are using the Service anonymously or as a registered user. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the "Agreement"). BookFusion may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Terms webpage.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Therefore, by using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
Change of Terms
BookFusion may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. BookFusion may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular BookFusion services, you and BookFusion shall be subject to any additional terms, guidelines or rules applicable to such new services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement.
Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new BookFusion properties, shall be subject to this Agreement.
User shall use BookFusion for lawful purposes only. User shall not post or transmit through BookFusion any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BookFusion's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in BookFusion's discretion restricts or inhibits any other User from using or enjoying BookFusion will not be permitted. User shall not use BookFusion to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with BookFusion.
User shall not upload, post or otherwise make available on BookFusion any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BookFusion, User automatically grants, or warrants that the owner of such material has expressly granted BookFusion the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.User hereby grants BookFusion the right to edit, copy, publish and distribute any material made available on BookFusion by User.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age and are without parental supervision or consent. By agreeing to these Terms, you are representing to us that you are over 13, or that you have parental supervision or consent.
Member Account, Password, and Security
If any of the Services requires User to open an account, User must complete the registration process by providing BookFusion with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify BookFusion immediately of any unauthorized use of User’s account or any other breach of security. BookFusion will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by BookFusion or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
By using our Services you upload e-books, documents and files to BookFusion (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our Copyright Policy and where it is necessary in the public’s interest, but you acknowledge that BookFusion has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of e-books, documents and files, user posts, or any other information you may be able to access using the Services.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
License and Site Access
BookFusion grants you a limited license to access and make personal use of the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of BookFusion. Any work made available via the Service is intended for real-time reading only and not intended to be copied, stored, permanently downloaded, or redistributed by the user, except for temporary caching on remote reading devices. Accessing any work for any purpose or in any manner other than this is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant. The Service is for your personal use only and may not be used in connection with any commercial endeavors except those may be specifically endorsed or approved by the management of BookFusion from time to time. Use of any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or User Content from the Services is strictly prohibited without written consent from Bookfusion.
Illegal and/or unauthorized use of the Service, including collecting usernames, email addresses or User Content of other Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other illegal purposes will be investigated. BookFusion will take appropriate legal action for any illegal or unauthorized use of the Service. The Site, Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BookFusion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, books, text, page layout, or form) of BookFusion and our affiliates or other Users. You may not use any meta tags or any other “hidden text” utilizing BookFusion's name or trademarks without the express written consent of BookFusion. Any unauthorized use terminates the permission or license granted by BookFusion. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray BookFusion, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BookFusion logo or other proprietary graphic or trademark as part of the link without express written permission.
A. USER EXPRESSLY AGREES THAT USE OF BOOKFUSION IS AT USER'S SOLE RISK. NEITHER BOOKFUSION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BOOKFUSION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BOOKFUSION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BOOKFUSION.
B. BOOKFUSION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BOOKFUSION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL BOOKFUSION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BOOKFUSION OR THE BOOKFUSION SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BOOKFUSION. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BOOKFUSION, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BOOKFUSION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
BookFusion is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Services, including all associated software, logos, text, and graphics, but excluding User Content. You agree not to display or use any BookFusion intellectual property without BookFusion's prior permission.
These Terms constitute the entire and exclusive agreement between you and BookFusion with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights.
BookFusion’s failure to enforce a provision is not a waiver of its right to do so later.