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This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
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 the Group Bookwitty (“BOOKWITTY”), which comprises the following entities: (i) Books Without Borders, Inc. a New York State corporation located in 145 Hook Creek Boulevard, Valley Stream, NY 11581, (ii) Bookwitty SARL, a limited liability company registered with the Commercial Registry of Paris and located at 92 Boulevard de Sebastopol, 75003 Paris, (iii) Borderless Books (UK), a company limited by shares incorporated in the United Kingdom and located at Levant UK Ltd, Lakeside Logistics Centre, Lakeside Route, Colnbrook, Berkshire, United Kingdom, and (iv) any other affiliate of BOOKWITTY, now in existence or to be established, which is owned, in part or in total, by BOOKWITTY.
Where the present TOU or any related document refers to “BOOKWITTY”, it may refer to any of the entities mentioned here-above and / or their respective officers, directors, employees, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to BOOKWITTY or to either one of the entities of Bookwitty, as appropriate.
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”.
BOOKWITTY 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 BOOKWITTY, 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 by email:
Or by mail:
Books without Borders
145 Hook Creek Boulevard, BLDG A6, Valley Stream, NY 11581, USA
Books without Borders (Livres sans Frontieres)
4416, boulevard Saint-Laurent, Bureau 222, Montréal (Québec) H2W 1Z5, Canada
Borderless Books (UK)
LEVANT UK LTD, Unit 1, Lakeside Logistics Centre, Lakeside Road, Colnbrook, Berkshire, SL3 OED, United Kingdom
92 Boulevard de Sebastopol, 75003 Paris, France
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 BOOKWITTY 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 BOOKWITTY, other Website users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by BOOKWITTY in its sole discretion) an unreasonable or disproportionately large load on BOOKWITTY’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 BOOKWITTY 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, and not leave a logged-in account unattended for any period of time. BOOKWITTY, 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.
BOOKWITTY 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 the currency used by BOOKWITTY according to your location . Such currency 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 be displayed during the checkout process. All sales taxes and VAT (if applicable) will be billed in accordance with applicable laws and as determined by the address of delivery of the Product. 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, BOOKWITTY reserves the right to refuse or cancel any orders placed listed at the incorrect price or at an incorrect discount. BOOKWITTY 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, BOOKWITTY 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, UK 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, UK or the EU. BOOKWITTY 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 BOOKWITTY, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of BOOKWITTY, 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 BOOKWITTY may take action accordingly.
If you choose to communicate to BOOKWITTY suggestions for improvements to the Website or any service available on the Website (collectively, “Feedback”), BOOKWITTY 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 BOOKWITTY and waive in favor of BOOKWITTY, its successors and assigns all your moral rights in the Feedback, and agree to provide BOOKWITTY such assistance as BOOKWITTY may require to document, perfect, and maintain BOOKWITTY’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to BOOKWITTY, you are not entitled to any compensation or reimbursement of any kind from BOOKWITTY 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 BOOKWITTY 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 BOOKWITTY, you hereby grant BOOKWITTY a worldwide, non-exclusive, royalty-free, sub-licenseable 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 BOOKWITTY '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 BOOKWITTY may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
(iii) You also hereby 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 irrevocable and granted for the duration of the copyrights, 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 BOOKWITTY 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. BOOKWITTY retains absolute discretion whether to 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 BOOKWITTY prior to posting. However, BOOKWITTY reserves the right, in its sole discretion, to remove or modify immediately and without notice, any User Content that violates the User Content Policy.
BOOKWITTY, 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 BOOKWITTY 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, BOOKWITTY 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
BOOKWITTY 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 BOOKWITTY 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 BOOKWITTY’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 BOOKWITTY. 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.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by BOOKWITTY 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 BOOKWITTY staff, freelance writers or other subcontractors hired by BOOKWITTY 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 BOOKWITTY 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. BOOKWITTY 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.
BOOKWITTY 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. BOOKWITTY, 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 BOOKWITTY 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 BOOKWITTY, its affiliates, or their respective Representatives or licensees be liable for any direct, 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.
BOOKWITTY 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 BOOKWITTY, 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 BOOKWITTY, 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.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
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 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, BOOKWITTY 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
BOOKWITTY 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.
(i) If you are a resident of or have your principal place of business in the US or Canada or in any other country not mentioned below, these TOU are an agreement between you and Books without Borders Inc. Otherwise, if you reside in France, these TOU are an agreement between you and Bookwitty SARL and if you reside in the United Kingdom or in any other country of the European Union, these TOU are an agreement between you and Borderless Books (UK).
(iii) BOOKWITTY shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond BOOKWITTY’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
(v) The failure of BOOKWITTY 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 BOOKWITTY.
16. Special Provisions Applicable to Users Outside the United States
The following provisions apply to users and non-users who interact with BOOKWITTY outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities with BOOKWITTY and will not use the Website if you are prohibited from receiving products or services originating from the United States.
© BOOKWITTY GROUP, 2017