This document was last modified on November 2, 2015
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to the Bookwitty website located at http://bookwitty.com (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website, which may include the purchase of certain products as described below.
The Website is owned and operated by Books Without Borders, Inc. (“BWB”), a New York State corporation located in 145 Hook Creek Boulevard, Valley Stream, NY 11581. Where the present TOU or any related document refers to “BWB” or “Bookwitty”, it may refer to Books Without Borders, Inc. and / or its officers, directors, employees, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to BWB.
In these TOU, a Website visitor or user may be referred to as “you” or “your”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Website user has made a purchase, they may be referred to as a “Customer”.
BWB reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with BWB, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account or by posting a prominent notice when you log in to your account for the first time following those changes.
If you have any questions about the TOU, please contact:
Bookwitty Legal Services
Bookwitty Legal Services
4416 Saint-Laurent Blvd.
Canada H2W 1Z5
2. General Code of Conduct for Use of the Website
In addition to the more specific rules found later in these TOU, you agree that by visiting and / or using the Website, you will:
(i) Not use the Website in any manner that in any way violates these TOU;
(ii) Not use the Website in any manner that violates any intellectual property rights of any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to BWB or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of BWB, other Website users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by BWB in its sole discretion) an unreasonable or disproportionately large load on BWB’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures BWB may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Not use the Website if you are under the age of 13;
(vii) Use the Website in good faith, and in compliance with all applicable local, state, provincial, national, and international laws.
3. Accounts, Passwords and Logged-in Users
As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. BWB, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Website with your account information and accessing your account through any means, and disclaims any responsibility in this regard.
BWB reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more further described hereinbelow.
4. Purchases of Books and eBooks
If you are making a purchase of a Product, you declare being above 18 years old and having the legal capacity to make a purchase, or you have received parental authorization allowing you to make a purchase on the Website. Any Product ordered shall remain our property until you fulfill all your obligations towards us, namely until the full payment of the price, plus any taxes, interest or additional charges as applicable.
a. Payment Processing
All purchases of Products made through the Website are processed using a secure https:// connection, and payment processing is handled through the online payment processor Stripe.
b. Prices and Taxes
All prices of Products are firm and in U.S. dollars that may be converted to other currencies by Stripe at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices are displayed on the individual book page and are subject to change without notice. Pricing does not include sales taxes as applicable, which shall de displayed during the checkout process, depending on your location. Currently we charge state sales taxes to Customers in California and New York State, and VAT and related taxes to Customers in the European Union (the “EU”), as determined by the address of delivery. Prices are exclusive of all others costs including carriage costs, order processing fees and gift-wrapping fees as applicable, which shall be noted during the checkout process. If you have a valid coupon or discount code, it shall be applied and displayed during the checkout process.
In the event that a Product is mistakenly listed at an incorrect price or an incorrect discount is applied, BWB reserves the right to refuse or cancel any orders placed listed at the incorrect price or at an incorrect discount. BWB reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Customer's credit card charged. If the Customer has already been charged for the purchase and the order is cancelled, BWB shall issue a credit to the credit card or used to make the purchase in the amount of the incorrect price (plus any taxes and / or additional fees as applicable).
c. Customs Duties and Foreign Taxes
Orders for Products purchased on the Website may be subject to additional taxes and customs duties applicable upon the parcel’s arrival at a foreign (outside the United States or EU) destination. You shall be responsible for and bear the possible customs duties and taxes related to a Product delivery that is ordered from outside the United States or the EU. BWB shall not be responsible for checking and informing you of the applicable customs duties and taxes in your country. Therefore, we strongly suggest that you seek this information from the competent authorities in your country when you make a purchase.
We accept your orders for Products subject to availability of inventory. If, despite of our vigilance, the Product(s) requested is/are not available, we shall inform you of their unavailability by e-mail as soon as commercially possible.
Where you order a Product that is not available in stock (“Special Order”), we shall debit the total amount of that order before processing it. As soon as a Special Order has been paid for any cancellation or return cannot be processed without our express authorization.
e. Shipping and Return Policies
When you make a purchase of Product(s) on the Website, you are also subject to the Shipping Policy and the Return Policy which are found at separate pages on the Website. These policies are hereby incorporated by reference into the present TOU as if recited at length. It is important that you read and understand the terms of these policies.
5. Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website (excluding User Content as defined in the next section), including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to BWB, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of BWB, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and BWB may take action accordingly.
If you choose to communicate to BWB suggestions for improvements to the Website or any service available on the Website (collectively, “Feedback”), BWB shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to BWB and waive in favor of BWB, its successors and assigns all your moral rights in the Feedback, and agree to provide BWB such assistance as BWB may require to document, perfect, and maintain BWB’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to BWB, you are not entitled to any compensation or reimbursement of any kind from BWB under any circumstances.
6. User Content Policy, and Related Copyright and Intellectual Property Rights
As a Logged-in User, you may use the Website create text, to upload certain file types, link to certain files or web pages, or embed certain files, including but not necessarily limited to audio clips, video clips, written posts and comments, information, other text, data, photographs, software, scripts, and graphics, and other interactive features generated, provided, or otherwise made accessible on or through the Website (the “User Content”). By creating, submitting and / or uploading User Content, you agree to be bound by the Bookwitty policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text or photographs or video clips submitted are your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BWB to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU;
(ii) You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to BWB, you hereby grant BWB a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Website and / or BWB 's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that BWB may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You also hereby waive any moral rights you may have in your User Content and grant other users of the Website a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Website and under these TOU;
(iv) The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore you will not upload any User Content that contains any adult content or political militancy; or upload any User Content that contains and viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam;
(vi) You will not include in User Content links to any third party website that is a spam or phishing website, to any website that sells goods or services not related to the activities or themes of the Website, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of a Website Logged-in User, you acknowledge that any use of User Content accessed or downloaded by you while using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and BWB disclaims any responsibility in this regard.
If you as a Website visitor or user believe that a Logged-in User has posted User Content that violates these TOU, please contact us so that we may conduct an inquiry. Alternatively, you may use the “Report” function available where User Content is displayed. BWB retains absolute discretion whetherto remove or modify any User Content or take any other action pursuant to your report.
User Content is not edited, curated or otherwise modified or checked by BWB prior to posting. However, BWB reserves the right, in its sole discretion, to remove or modify immediately and without notice, any User Content that violates the User Content Policy.
BWB, its affiliates and their respective Representatives, officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, agents, representatives, successors and assigns, will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, and disclaims any responsibility in this regard.
7. External Links
In no way will BWB be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
8. Interruption of Service
From time to time, the Website may be unavailable for periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, BWB shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
9. Termination of the Website or Your Access to the Website and the TOU
BWB may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that BWB shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from BWB’s termination of the Website or any part thereof.
You may also choose to terminate your access to the Website by cancelling your account. If you wish to cancel your account, please contact us.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and BWB. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by BWB or third parties, including but not limited to other Website Logged-in Users) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by BWB staff, freelance writers or other subcontractors hired by BWB are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and BWB shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon. BWB makes no warranty whatsoever regarding the accuracy of information provided by Logged-in Users in the form of User Content, and expressly disclaims any responsibility in this regard.
BWB expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. BWB, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by BWB or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
Some of the content displayed on the Website (including but not limited to User Content) may include materials (including with respect to products or services) that belong to or are provided by third parties. You acknowledge that we assume no responsibility for such content, products and/or services. To the extent that the law does not permit a disclaimer of warranties, all content accessible on this Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
11. Limitation Of Liability
In no case will BWB, its affiliates, or their respective Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or (ii) the interruption, suspension or termination of any part of or all the Website; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Website and exceed the lesser of (i) US$ 100 or (ii) the total amount of your individual order of Product(s) from the Website.
BWB disclaims any responsibility (i) where the delivered Product is not in conformity with the laws of the country of delivery; or (ii) where we fail to fulfill our contractual obligations due to an act of God or to any force majeure event. Should the publisher or distributor of a Product be out of stock, we shall not be held responsible for any delay. Moreover, we shall not be held responsible in case of differences between the photos, texts and illustrations associated with a Product on the Website and any Product delivered to you.
You expressly understand and agree that BWB, its affiliates, or their respective Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, Products purchased on the Website, any third party materials (including but not limited to User Content) on the Website, or any materials downloaded from the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by BWB, its affiliates, business partners, agents or other subcontractors; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
13. Governing Law and Applicable Jurisdiction
The TOU shall be governed by and construed in accordance with the laws of the New York state, USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website shall be filed and adjudicated only in the federal court located in the Southern District of New York, USA, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of the TOU or your use of the Website. Notwithstanding the foregoing, BWB shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the New York court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in the New York court.
14. Law Enforcement
BWB reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Website security or its information technology or other systems or networks; (ii) investigate any suspected breaches of the TOU or violations of any additional terms, conditions or rules posted in connection with a particular service or feature on the Website; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; and (iv) prosecute violators of the TOU to the full extent permitted by applicable law.
15. Miscellaneous Provisions
(ii) BWB shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond BWB’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
(iv) The failure of BWB to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to BWB.
© BWB 2015
This document was last modified on DECEMBER 5, 2016
Introduction, Acceptance, Definitions, and Modifications
Welcome to the Bookwitty website located at http://bookwitty.com (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website, which may include the purchase of certain products as described below.
The Website is owned and operated by Books Without Borders, Inc. (“BWB”), a New York State corporation located in 145 Hook Creek Boulevard, Valley Stream, NY 11581. Where the present Policy refers to “BWB”, it may refer to Books Without Borders Inc. and / or its officers, directors, employees, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to BWB.
In this Policy, a Website visitor or user may be referred to as “you” or “your”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Website user has made a purchase, they may be referred to as a “Customer”. When a Website user is participating in the Bookwitty Affiliate Program, they may be referred to as an “Affiliate”
BWB reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. If we make any substantial changes to the Policy that materially affect the way we treat your Personal Information, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account or by posting a prominent notice when you log in to your account for the first time following those changes.
If you have any questions about the Policy or if you wish to inquire about and / or access any personal information BWB holds about you, please contact:
Bookwitty Legal Services
Bookwitty Legal Services
4416 Saint-Laurent Blvd.
Canada H2W 1Z5
General Statement of Privacy and Protection of Personal Information
BWB takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.
This Policy covers the treatment of personally-identifiable information (“Personal Information”) when you voluntarily submit this information and other information gathered by BWB when you are using or accessing the Website. This Policy also covers BWB’s treatment of any Personal Information that BWB may share with its business partners or other third parties under very limited circumstances.
This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that BWB does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or via a link from the Website (“Third Party Website”), or to individuals that BWB does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access. We have named and provided links to the most important of these Third Party Websites elsewhere in this Policy.
Finally, this Policy does not cover any Personal Information you send to BWB via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to BWB via these methods.
No Collection of Personal Information as a Matter of Course
BWB does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account or making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose or use, as described in the next section of this Policy.
Personal Information Collected and its Uses
- In order to use certain functions on the Website, you will be required to create an account by entering the following Personal Information: first and last names, email address, and date of birth. In this Policy, this shall be referred to as “Account Information”. Account Information is used to manage your account, to verify your credentials for logging-in to the Website (specifically that you are 13 years of age or older), and to communicate with you information about your account via email.
- In addition to the required Account Information, you may voluntarily submit additional information that may be considered Personal Information, such as links to your social media accounts and biographical information for your biography. Furthermore, any User Content that you choose to post on the Website may contain Personal Information. This Personal Information is used for display purposes only, so that you may better interact with other users of the Website and have a richer user experience. We encourage you to carefully scrutinize what Personal Information you reveal to other Website users in this way.
- As a Customer, you will be required to enter the following information in order to make a purchase of a Product: credit card number, credit card expiry date, security (CVV) number, billing address, and shipping address (when purchasing a physical book) if different from your billing address. In this Policy, this shall be referred to as “Billing Information”. Billing Information is only used to process the credit card transaction for your purchase(s), to fulfill your order, and to facilitate additional purchases in the future. For more details on the treatment of your Billing Information, please see the “Secured Payments” section further below in this Policy.
- As a potential Affiliate, you will be required to submit Personal Information such as your name, email address, mailing address and other information required as part of the application process. We use this information to determine your capacity to be accepted into the Affiliate Program, and to communicate with you about the Affiliate Program.
In addition to the uses described above, we may also use Personal Information you have submitted:
- To facilitate and improve customer service;
- To send you periodic emails of interest. Please see the Mailing List Management section further in this Policy for more information.
Security and Encryption of Information
BWB uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, BWB uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, BWB uses Heroku and Amazon Web Services, recognized leaders in secure data, for hosting of the Website and storage of Customer Data. Please note that these third parties may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.
Where you are a Customer making a purchase, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for Internet transactions. Please refer to the “Secured Payments” section further in this Policy for more about how your Billing Information is treated.
Non-disclosure of Personal Information to Third Parties
Except as provided in the next paragraphs and the sections in this Policy on Secured Payments and Mailing List Management, BWB does not divulge any Personal Information gathered via the Website to third parties. Moreover, BWB does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, agents, subcontractors, officers, directors, or assigns of BWB (or of BWB’s affiliates) are responsible for the management and development of the Website, and only these individuals have access to the information collected there. These employees, agents, subcontractors, officers, directors or assigns all have been instructed to comply with the Policy.
BWB uses certain “Third Party Services” in order to augment the Website. Personal information is transferred from BWB to these Third Party Services, but only to the extent required in order for them to function properly, and only upon your express submission of such information. These Third Party Services are limited to Twitter for sharing of your Twitter feed on your profile page as a Logged-in User. Under certain circumstances you may be required to log in to Twitter, and thus your Personal Information required to login to the account is transferred securely from BWB to the Third Party Service.
When you are an Affiliate, certain Personal Information will be transferred to third parties in order to facilitate the payment of commissions owed to you.
No Personal Information regarding purchases (Billing Information, excluding shipping address) is ever seen by BWB. No Billing Information (excluding shipping address) is ever stored on servers controlled by BWB. Stripe has our permission to store, on behalf of BWB, the data pertaining to the executed transactions by Customers (including credit card information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Customers, and for follow-up as needed. This transactional data may be used for validation and registration purposes of Customers, and to trace any fraudulent activities if necessary. Shipping addresses are used by BWB in order to fulfill your order.
When you are a Logged-in User, you have the option of storing your Billing information to facilitate purchases in the future so it does not have to be re-entered. This information is displayed on your account page, but it is not stored on servers controlled by BWB, with the exception of shipping address(-es). The information is retrieved by your browser from servers controlled by Stripe.
Limited Gathering of Information for Statistical, Analytical and Security Purposes
BWB automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. BWB also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.
Other Aggregate Information and its Uses
In addition to the information collected by Google Analytics as described in the previous section, BWB may use Personal Information submitted by you in the aggregate (thus not able to identify you personally in any way) for certain purposes. These purposes include analyzing and improving the Website and improving customer service in the aggregate, and sharing aggregate demographic information with our business partners and affiliates with the purpose of improving the Website and Products or services offered on the Website.
Verification, Correction and Deletion of Personal Information
You have the right to (i) verify what Personal Information BWB holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) to withdraw your consent to the use by BWB of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information BWB holds about you, or if you wish to have all your Personal Information (including Account Information) permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Website, or certain portions thereof.
Transfer of Personal Information Outside Your Home Jurisdiction
Website users may access the Website from any country in the world. BWB and its third party vendors, including service providers and hosting partners, are located in the United States, Canada, and Europe. You acknowledge that BWB and our third party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Website users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.
Tracking Technology ("Cookies")
BWB uses tracking technology (“cookies”) on the Website and by using the Website you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer while you are a Logged-In User.
- to facilitate your signing-in to the Website;
- to keep track of preferences you specify while you are using the Website;
- to provide general internal and user analytics;
- to conduct research to improve the content of the Website;
- to facilitate payment processing ;
- to store Products in your shopping cart if you do not checkout right away;
- to facilitate additional payments for books and eBooks after your initial purchase;
- to assist in identifying possible fraudulent activities.
Risks Associated with the Internet
Despite BWB's best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that BWB cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.
Links to Third Party Websites
Mailing List Management and Compliance with Anti-Spam Laws
BWB’s practices with regards to their mailing list are designed to be compliant with anti-spam laws, specifically the CAN-SPAM Act of 2003.
Compliance with the Children's Online Privacy Protection Act (COPPA)
Protecting the privacy of the young people is especially important to BWB. For that reason, we never collect or maintain information (whether Personal Information or not) at the Website from those we know are under 13, and the Website is not intended to be used by anyone under the age of 13.
Limitation of Liability
BWB, its affiliates, or their respective officers, directors, employees, affiliates, agents, partners, principals, licensors, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website not in violation of the Policy.
© BWB 2016
This document was last modified on December 1, 2016
Bookwitty’s Affiliate Program offers eligible affiliates, including blogs, third party websites, and Social Media influencers (collectively, “Affiliates”), the opportunity to earn commissions on qualifying sales that originate from links to the Bookwitty website located at http://bookwitty.com (the “Website”) on an Affiliate’s site or other digital property controlled by the Affiiate such as social media pages and accounts, emails, etc.
BWB reserves the right, at any time and without prior notice, to modify or replace any of the APTOU. If any modification to the APTOU is unacceptable to you, your only choice is to terminate your Affiliate account. Any changes to the APTOU can be found at this URL. It is your responsibility to check the APTOU periodically for changes. Your continuing participation in the Affiliate Program following the posting of any changes to the APTOU constitutes acceptance of those changes.
Prospective affiliates must apply and be approved by Bookwitty in order to gain access to the Affiliate Program, as more fully described in this section.
a. Conditions and Procedure
To apply, you must create an account on the Website and then get in touch with us on firstname.lastname@example.org in order to activate your Affiliate account.
Affiliates are approved by the Affiliate Program administrators based on criteria such as site quality, site content, brand identity, and alignment with Bookwitty’s values.
Participation in the Affiliate Program may be limited to Affiliates located in certain countries and is void where prohibited by law. Bookwitty reserves the right to approve or reject any application to join the Affiliate Program for any reason, including without limitation whether the Affiliate’s website is prohibited as per the next subsection.
The following types of websites are prohibited from participating in the Affiliate Program:
(i) “Cash-back” or voucher sites (websites that offer rewards for buying goods through referral links)
(ii) Advertising networks (online networks that sell or place advertisements)
(iii) Sites using “pop-ups” or “pop-unders” (websites that launch “pop-up” or hidden windows on users’ browsers)
(iv) Sites with content related to pornographic, racist, illegal or other sensitive matters. The definition of pornographic, racist or illegal content is entirely at the discretion of Bookwitty.
(v) Any other website type deemed inappropriate at Bookwitty’s sole discretion
d. Application Validation
If your application is accepted, you will receive email notification confirming your subscription to the program, with a link to a web page outlining the the commission rate applicable and the Cookie period time to the Qualifying Sales, as that term is defined hereinbelow ( the “Validation Notification”).
You will have access to your Affiliate Dashboard, which allows you to manage your account, and explore reports on clicks and commissions generated from your affiliate links.
You will ensure that the information in your Affiliate Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliate Program to the email address then-currently associated with your Affiliate Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
e. Application Rejection
If your application is rejected, these APTOU will terminate as between you and us effective immediately.
2- AFFILIATE LINKS, MARKETING MATERIAL
After you have been notified that you have been accepted into the Affiliate Program, you may display Affiliate Links on your site, blog, social media channels, and other online communications, as more fully described in this section.
a. Affiliate Links definition
“Affiliate Links” are links to the Website that you place on your site in accordance with these APTOU, that properly utilize the special “tagged” link formats we provide, and that comply with the Affiliate Program Linking Requirements and these APTOU.
Only approved Affiliate user accounts can generate Affiliate Links to book pages, posts, and other type of content on the bookwitty.com platform.
Affiliate Links permit accurate tracking, reporting, and accrual of Affiliate commissions, and other information from time to time as determined by BWB.
b. Graphic and text requirements
Marketing material related to Bookwitty and its Website are provided on your Affiliate Dashboard. You may use graphic and text links of your choice for all Affiliate Links appearing on your website, mobile app, and in emails except for unsolicited bulk emails and spam messages.
c. Marketing Material copyright
Marketing material, logos and other assets provided by us cannot be modified. The trademarks and logos displayed are registered trademarks of Bookwitty. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Bookwitty, or as authorized by these APTOU. Your misuse of the trademarks displayed on the Website, or any other content on the Website, except as provided in this APTOU, is strictly prohibited.
3- COMMISSION RATES, QUALIFYING SALES
a. Qualifying Sales definition
“Qualifying Sales” are sales made on the Website to users that arrived on the Website by clicking an Affiliate Link.
If a user clicks on multiple Affiliate Links, the last Affiliate Link to be clicked prior to a Qualifying Sale will determine who shall receive the commission.
b. Cookie Period definition
The Affiliate Program platform uses browser cookies to verify Qualifying Sales. The cookies are valid for a relevant period of time as communicated with you during the Validation Notification (the “Cookie Period”). Commissions are paid on Qualifying Sales made during the Cookie Period.
c. Commission rates
Commissions are calculated by multiplying the relevant commission rate and the price of the Qualifying Sales (excluding shipping costs and taxes or any other similar supplemental fees). The commission rate is fixed, and communicated to you as part of the Validation Notification.
Commissions are subject to review at our discretion. We will notify all Affiliates 30 days prior to a commission rate change. Commissions earned under the previous period rate will be paid under the previous rate. Commissions under the new period rate will be paid under the new period rate.
Commissions are subject to other limitations for fraudulent activity. Bookwitty reserves the right to withhold commissions if fraudulent activity is found.
d. Returns and cancellation
Commissions are not paid on sales that are canceled or returned within the Payout Cycle (as defined in section 4.b. below).
In the event a user requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
4- COMMISSION PAYMENTS AND PAYOUTS
a. Minimum Payout Amount
Commissions shall only be due for payment to Affiliate once Affiliate has earned Commissions above the minimum payment threshold of USD 100 (one hundred U.S. dollars, the “Commission Payout Threshold”).
b. Payout Cycle
Payouts are free and are processed on the 15th of every month. Every Payout Cycle processes outstanding orders delivered successfully and accepted by buyers during the previous calendar month.
Commissions earned below the Commission Payout Threshold in any month shall be transferred to the following month.
For example, on November 15, commissions are calculated for orders that have been delivered successfully during the month of October, and payouts are issued for affiliates who have accumulated commissions above the Commission Payout Threshold.
c. Payment methods
Payments of commissions will be received from BWB or one of BWB’s sub-agents or affiliated companies.Payments of commissions will generally be paid out via bank transfer or Paypal, as determined at Bookwitty’s sole discretion. You will bear any charges associated with the transfer or exchange of the commission amount.
d. Payment billings and delays
You agree that we can issue invoices on your behalf for any of the commissions payable to you. This is known as “self-billing”. Therefore you must not raise invoices for any of these commissions.
Payment processing can take up to 30 days from the date a payment of commissions is due. You will not receive any interest on commissions held in your account.
e. Income taxes
You acknowledge and agree that you shall be solely responsible for payment of any income taxes or other governmental charges payable on commissions received in your home jurisdiction.
If we cannot get in contact with you using the contact details set out in your application or account settings, and: (i) we cannot pay you commissions because you have provided incomplete or incorrect payment information; or (ii) you have not logged in to our website for 6 months; you waive your right to be paid those commissions and you assign (way of future assignment) all of your rights and ownership in any commissions which we are holding to your account.
You must notify us immediately or update your account details accordingly if your billing details have changed.
5- SUSPENSION, AFFILIATE PROGRAM RESTRICTIONS
Affiliates that violate any of the following Affiliate Program restrictions may be suspended or removed from the Affiliate Program and may not receive commissions, at Bookwitty’s sole discretion:
a- Use of Coupon Codes
Affiliates may only promote coupon codes that are provided through the Affiliate Program platform. Any expiration dates should be clearly displayed next to the coupon codes, and codes should be removed or explicitly marked as expired after the expiration dates. Affiliates displaying expired codes without marking them as being expired may be suspended from the Affiliate Program.
b. Paid Search
Bookwitty maintains a strict policy on paid search activity. Affiliates must comply with the following conditions on any ad platform, including, but not limited to search engines, content networks and social networking sites:
(i) Affiliates are not permitted to bid or appear on searches that include the term “Bookwitty”;
(ii) Affiliates are not permitted to bid or appear on extended or hybrid searches that include the term “Bookwitty”;
(iii) Affiliates are not permitted to bid or appear on misspellings or variations of searches that include the term “Bookwitty”;
(iv) Affiliates are not permitted to use Bookwitty’s trademarks in any paid search activity, including ad text, copy or display URLs;
(v) Affiliates are not permitted to direct link PPC (pay per click) activity to the Website, this includes using the Website as a display URL;
(vi) Affiliates are not permitted to send traffic through automatic redirects on or from a website page;
(vii) Affiliates are not permitted to use the Bookwitty name (including misspells and variations) as a subdomain or subfolder.
6- RESPONSIBILITY FOR YOUR WEBSITE
You are solely responsible for your website or other online platform controlled by you, including its development, operation, and maintenance and all materials that appear on or within it. Bookwitty disclaims all liability for your website or other online platform and for any of your users’ claims relating to your website or other online platform, and you agree to defend, indemnify, and hold Bookwitty harmless from and against all claims relating to your website or other online platform.
7- TERM AND TERMINATION
a. Term of the Affiliate Program
The term of these APTOU will begin upon your receipt of your Validation Notification and will end when terminated by either party.
b. Termination of the Affiliate Program
Affiliates may leave the Affiliate Program and terminate these APTOU at any time by getting in touch with us at email@example.com.
Bookwitty reserves the right to remove Affiliates from the Affiliate Program and refuse service to anyone, for any reason, at any time by giving you a written notice of termination.
Upon the termination of these APTOU for any reason, you will immediately cease use of, and remove from your site, all links to the Website, and all of our trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program.
Your affiliate application and status in the Affiliates Program may be terminated for any of the following reasons:
(i) Inappropriate advertisements (false claims, misleading hyperlinks)
(ii) Illegal spamming (mass email, mass newsgroup posting, etc.)
(iii) Advertising on sites containing/promoting illegal activities
(iv) Violation of intellectual property rights
c. Balance payment
Upon Termination, any balance greater than USD 100 will be paid to the affiliate within 60 days of termination. Balances that are smaller than USD 100 will be transformed into coupon codes of the corresponding value, to be redeemed on bookwitty.com.
d. Effect of Termination
Termination under this section shall terminate the present APTOU as between you and BWB. All provisions of these APTOU which by their nature should survive termination of these APTOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
8 - RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in these APTOU will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will 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 otherwise, that reasonably would contradict anything in this section.
9- LIMITATIONS OF LIABILITY
We will not be liable for indirect, incidental, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with these APTOU or the Affiliate Program. Further, our aggregate liability arising with respect to these APTOU and the Affiliate Program will not exceed the total Commission paid or payable to you under these APTOU in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
11 - . GOVERNING LAW AND APPLICABLE JURISDICTION
The APTOU shall be governed by and construed in accordance with the laws of the New York state, USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Affiliate Program, you agree that any action at law or in equity arising out of or relating to the APTOU or your participation in the Affiliate Program shall be filed and adjudicated only in the federal court located in the Southern District of New York, USA, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of the APTOU or your use of the Website or participation in the Affiliate Program. Notwithstanding the foregoing, BWB shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the New York court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in the New York court.
12- RELATED POLICIES
Bookwitty reserves the right to modify the these APTOU, so please review these terms periodically.
© BWB 2016