This agreement between you and Book Cove ("Book Cove")
details how you can use our web sites. Use of Book Cove web sites are governed
by this agreement. By registering as a Book Cove member, you acknowledge and
signify that you have read, understood, and agreed to be bound by this agreement.
1. Who is Book Cove?
Book Cove operates a number of web sites, including
bookcove.com (collectively the "web site/s") that allow registered
Book Cove members ("member/s") from around the world to purchase ("buyer/s")
any legal items ("item/s") from sellers around the world ("seller/s")
acting on their own behalf. A member may be a buyer and/or a seller.
2. Who Can Be a Member?
Only individuals and businesses that are legally entitled to enter into legally binding and
enforceable contracts may register to be a member and purchase or sell through the web sites.
Members must comply with all applicable laws.
All information submitted by members through the web sites, including registration
information, payment information, and transaction-related information must be true, accurate,
current and complete. Once you have registered as a member, you are referred to as a "member",
"you", "your" or "yourself" for the purposes of this agreement.
3. How This Works
The web sites are a forum for members. Members may be buyers and/or sellers. Buyers buy items
from sellers, not from Book Cove. Book Cove only facilitates
transactions, and does not enter into any sale or purchase contract in its own name on behalf
of buyers or sellers. Book Cove is not involved in transactions between members. Only buyers and sellers (not Book Cove) are responsible for all transactions through the Web sites and the terms and conditions of all transactions.
Orders placed through the web sites are forwarded to the selected seller by electronic mail
(e-mail) for acceptance and fulfilment by the seller.
In the case of credit card purchases, either the seller or Book Cove, depending
upon the process requested by the seller, may process the credit card. Passwords must be kept
confidential and not disclosed to or shared with any other person. You are solely responsible
and liable for any use and misuse of your password and for all activities that occur under
your password. You must immediately notify Book Cove of any unauthorized use
of your password, or if you know or suspect that your password has become known to any other
person. Book Cove is not under any obligation to verify the actual identity or
authority of the user of any password.
4. Misprints and Orders
Although Book Cove strives to provide reliable and current information on the
web sites, misprints or other errors may occur. Book Cove reserves the right
to change information on the web sites at any time and from time to time without any notice
or liability to you or any other person. Items listed on the web sites are subject to
availability, and may not be available when ordered or afterwards.
The Items offered on the web sites are invitations for purchase orders, and shall not
constitute binding offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the items referenced in your order. Your order will be
accepted only if and when the seller sends an order acceptance and shipping notice to your
5. We Respect Your Privacy
Your personal information will be collected and saved by Book Cove.
All data and information collected from you by Book Cove is treated
confidentially respecting the applicable laws on data protection and in accordance with our
6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since Book Cove is not a party to any transactions through the web sites,
Book Cove does not give any representation or warranty regarding any
transactions or any of the items. Book Cove has no control over or liability
for the quality or legality of the items advertised, the truth or accuracy of the listings,
or the ability of sellers to sell Items. The web sites are provided on an "as is" and
"as available" basis, and without any representations, warranties or conditions of any kind,
whether express or implied, and including without limitation implied conditions, warranties
or representations of merchantability, fitness for a particular purpose, performance,
durability, security, availability, or accessibility, all of which are hereby disclaimed by
Book Cove to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages,
Book Cove’s liability is limited to foreseeable and typical damages.
Book Cove will not under any circumstances be liable to you for any loss of
use, loss of production, loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss or damage or punitive damages,
whether in contract, tort or under any other theory of law or equity, arising from, connected
with, or relating to the use of the web sites by you.
In no event will Book Cove’s total liability to you or any other person for
any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in
contract, tort or under any other theory of law or equity, and regardless of any negligence
or other fault or wrongdoing by Book Cove or any person for whom
Book Cove is responsible, exceed the lesser of US$25 or the purchase price of
the Item that is the subject of the claim. The exclusion of certain warranties and the
exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.
Such limitations may apply to You. The warranty disclaimer and liability exclusion and
limitation clauses survive indefinitely after the termination of this agreement.
7. Legal Claims
For all disputes between Book Cove and you or any other person arising from,
connected with or relating to the web sites, this agreement, transactions facilitated or
conducted through the web sites, items ordered or purchased through the web sites, dealings
between you and Book Cove, or any related matters or any legal relationship
associated therewith or derived therefrom ("Dispute/s"), the relevant parties will attempt to
find a reasonable solution least onerous to the parties. If a dispute cannot be resolved by
the parties, then the dispute must be resolved before the Courts of Queensland sitting in the
City of Brisbane, Queensland, Australia, and you hereby irrevocably submit and attorn to the
original and exclusive jurisdiction of those courts in respect of all disputes. Proceedings
regarding disputes must be commenced in a court of competent jurisdiction in the City of
Brisbane, Queensland, Australia within six (6) months after the dispute arose, after which
time any and all proceedings regarding the dispute are barred. Any shorter time limit
provided by statute law remains unaffected.
8. How Do You or Book Cove End This Agreement?
You or Book Cove may terminate this agreement at any time with immediate effect
and without any prior notice. Book Cove may at any time and in its discretion
immediately suspend or terminate (in whole or in part) your permission to use the web sites
without any notice or liability to you or any other person. If this agreement or your
permission to use the web sites is terminated by you or Book Cove for any
reason, this agreement will nevertheless continue to apply and be binding upon you in respect
of your prior use of the web sites and prior purchases or sales of items through the web sites
and anything connected with, relating to or arising from those matters.
9. Changes to Web Sites, Policies and Procedures, and this Agreement
Book Cove may, in its discretion, change, suspend or terminate, temporarily or
permanently, the web sites or any part of them at any time, for any reason, without any
notice or liability to you or to any other person.
Book Cove may, in its discretion, change, supplement or amend its policies and
procedures and this agreement as they relate to future use of the web sites from time to time
and without any notice or liability to you or to any other person, by posting revised
documents on the web sites. You may not change, supplement or amend this agreement or any
Book Cove policies or procedures.
You and Book Cove have expressly requested and required that this agreement and
all other related documents be drawn up in the English language.
Thank you for registering with Book Cove. We look forward to serving you as a
|FOLLOWING ARE THE TERMS ON WHICH Book Cove OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
This is the user agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, Book Cove. This Agreement contains the terms and conditions applicable to your use of our services (â€śServiceâ€ť or â€śServicesâ€ť) available under or through the domain, sub-domains, and affiliated domains of www.Book Cove and the general principles for the web sites of our international affiliates. IF YOU (â€śYOUâ€ť OR â€śUSERâ€ť) DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.
1. Eligible Users
Use of the Site and Services is restricted to persons: (a) at least 18 years old. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email admin at admin@Book Cove to make arrangements, although no such access can be guaranteed.
Accessing Book Cove services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the user in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
2. Modification of This Agreement
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 2, this Agreement may not be amended or modified except in a writing signed by you and Book Cove.
3. Acceptable Use
If you violate the Acceptable Use terms described herein, Book Cove may, in its sole discretion, with or without notice, terminate your access to the Site and Services.
Your right to use the Site is personal to you. As a condition of your use of the Site, you warrant to Book Cove that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Book Cove) and data mining or scraping through the use of robots, spiders, or otherwise.
In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as â€śYour Informationâ€ť), and (c) you will update Book Cove to insure that Your Information remains accurate and complete.
In addition, you may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Book Cove to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a name in connection with your use of the Site that is confusing or misleading to registered users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); or (i) violate any applicable government laws or regulations. Book Cove does not condone or allow Spam. Book Cove will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.
You agree not to share any information provided to you by or on behalf of Book Cove with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Book Cove via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.
Book Cove is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Book Cove reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Book Coveâ€™s sole discretion, without notice at any time.
Book Cove may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.
You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Book Cove, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.
You agree that you will notify Book Cove immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
Except as otherwise noted, joining and registering for Book Cove Services is free. Currently we do charge fees for certain domain-related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. Book Cove may, in its sole discretion, add, delete or change any of the Services provided or fees charged by the site. Book Coveâ€™s standard fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively-effective change in Services offered or fees charged thereof.
Unless otherwise stated, all fees and currency amounts are quoted US dollars.
5. Specific Services and Applicable Terms
The following terms and conditions pertain to particular Services offered by Book Cove or through the Site.
* 5.1. Domain Sales Database
Among other Services, Book Cove and the Site serve as a venue to allow users to offer to sell and buy domain names, complete web sites, and/or web-based businesses (collectively, â€śDomainsâ€ť). Book Cove only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.
Except as otherwise provided in applicable posted terms, users offering their Domains for sale or lease (â€śSellersâ€ť) may make their entries into the Book Cove database (the â€śDomain Databaseâ€ť) free of charge. Sellers are free to delete their Domains from the Domain Database at any time without cost unless their Domain is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer. Book Cove charges Sellers a non-obligation commission for sales completed as a result of Book Coves Services. Except in the case of Fixed Price Listings (defined below), you have an opportunity to accept fees that you will be charged, this fee is non-contractual, before going forward with any transaction.
Prospective buyers or lessees of Domains (â€śBuyersâ€ť) may enter search terms into the database to look for offers, and to enter bids for certain entries. These bids and the responses of the Sellers will be forwarded to the other party free of charge via the email addresses provided as part of user registration. Book Cove cannot guarantee that any particular bid or response will be transmitted to the intended recipient. Book Cove acts here neither as a buyer nor seller, neither as a lessee nor lessor, nor as the representative of any of the above-mentioned parties. Within the scope of the basic Domain Database Service, Book Cove does not act as an auctioneer or as a broker or as an official Escrow service.
The following entry requirements and obligations apply to your use of the Domain Database:
o Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registrar or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Sellerâ€™s agreement with the relevant domain name registrar or service provider. The term â€śDomainâ€ť as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular domain name under its domain name registration agreement with a domain name registrar or other service provider as well as any content available at or through a particular URL.
o As a Seller of a Domain listed on the Book Cove database, you represent and warrant that: (1) you have registered the Domain with the appropriate Domain registrar or other registration authority; (2) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (4) the Domain is not the subject of any legal proceedings challenging your right to register or use the Domain; (5) you will accurately describe the subject listing; and (6) you own and have the right to sell the content, if any, listed as part of your Domain. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law. Book Cove may refuse to list, or remove the listing for, any Domain which, in Book Coveâ€™s sole discretion, infringes or violates the proprietary rights of any third person or any other Domain, or which in Book Coveâ€™s sole discretion, is inflammatory, offensive, inconsistent with Book Coves general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain is accepted, you must complete the transaction with a ready, willing, and able Buyer.
o The Seller agrees to set up a user account and to fill out the registration form completely and accurately.
o The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited. You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.
o The Seller agrees to keep any data which he/she has added to the Domain Database up-to-date. If a Domain has been sold, he/she is to remove it from the database. Furthermore, the Seller agrees to remove the Domain from the Domain Database immediately if a warning has been issued, or as soon as any knowledge has been received that the rights of a third party or existing laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.
o Fixed Price Listings. By listing a domain for sale using the â€śFixed Priceâ€ť option, the Seller commits to a binding agreement to sell should a Buyer make an offer meeting the specified Fixed Price. The obligation to sell arises upon Book Coves receipt of the first legitimate offer meeting or exceeding the Sellerâ€™s specified fixed price.
o You agree that if Book Coves services are used to facilitate an agreement to buy or sell a domain name/web site, Book Cove will assist with the transfer of the Domain unless otherwise agreed by Book Cove and both parties involved in the transaction. You are responsible for any related fees charged by your registrar and/or financial institution.
Book Cove is neither owner of the Domains listed in the Domain Database nor does it have any influence on the business conducted among users of the Domain Database. The responsibility for the content of the entered listings, including the accuracy of any statistics, lies exclusively with the respective Sellers, Buyers, and users.
Book Cove shall not be liable for legal transactions or other acts of the Domain Database users. This also applies to any violations of rights of a third party through the entry of a domain name in the Domain Database, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights.
Book Cove reserves the right, at any time, to reject the entry of any Domains into our Domain Database or to remove and blacklist Domains which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of userâ€™s violation of this Agreement, or suspected violation of rights of a third party concerning a Domain, or suspected violation of applicable laws.
* 5.2. Domain Parking
Domain parking is an optional service for the user to â€śparkâ€ť userâ€™s domain in order to generate revenue and increase the chance of a sale. To use domain parking (the â€śParking Programâ€ť), the user has to forward his/her domain to a URL specified by Book Cove. We will then automatically generate a customized page with banner and/or text ads, and, if appropriate, a sign that the respective domain name is for sale.
Book Cove will allow users to upload their own Google merchant number and benefit from the income therefore gained as a result. It is the responsibility of Participant to pay all local, state, federal, and/or foreign taxes on income received from their Google related Parking Program. You agree to indemnify and reimburse Book Cove on account of any other costs and damages arising from or in connection with the use or operation of the Parking Program. You agree that by not placing your Google Adsense merchant number and / or by providing an unclear or invalid merchant number, Book Cove will replace this code with one owned and operated by the site.
Special Parking Rules
COMMITTING ANY OF THE FOLLOWING PROHIBITED ACTIONS CONSTITUTES GROUNDS FOR IMMEDIATE TERMINATION FROM THE PARKING PROGRAM. PLEASE READ AND OBEY THESE RULES!
o Participant may not click on advertising links displayed on Participant's own domain names, nor ask friends, family, or others to do so.
o Participant may not beg, ask, entice, or incentivize visitors into clicking on advertising links.
o Participant may not re-direct traffic to Participantâ€™s parked domain name. This prohibition extends to traffic redirected from other domain names, and purchased traffic such as pop-under or exit traffic. Each domain name must be parked separately.
o Participant may not display Participantâ€™s parked page as a pop-under or pop-up window without prior written approval from Book Cove.
o Participant may not submit advertising keywords that are unrelated to the subject area of the domain name.
o Participant may not generate traffic to Participant's domain name(s) or clicks on advertising links by any of the following methods: listings on newsgroups or discussion boards (with the exception of "domain for sale" postings), bulk emailing, PPC or banner advertisements, ICQ postings, or chat room/IRC postings, iframes, zero pixel frames, hitbots, clickbots, spiders, CGI scripts, java-scripts, or any other similar method.
o Participant may not modify the Parking Program page or code in any way without prior approval. Only clicks originating from an unmodified, Parking Program-served parking page will be considered valid. Participant may not place the Parking Program page within a frame without prior written approval from Book Cove.
o Participant may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a text link or search box.
o Referring pages must not be password protected in any way.
o Book Cove reserves the right to terminate your Parking Program account if it is idle for more than one month.
o Inability to comply with any of the terms of the User Agreement or the Parking Program Rules will forfeit any unpaid earnings and result in the termination of Participantâ€™s Parking Program account. Further legal action may be taken in response to such violations as well.
Participant represents and warrants that he or she has full power and authority to enter into this Agreement. Book Cove IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE PARKING PROGRAM. Book Cove AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. Parking Program Statistics are provided for informational purposes only, and Book Cove makes no guarantee as to their accuracy.
Book Cove and its advertising providers maintain all right, title and interest, including without limitation all Intellectual Property Rights relating to the Parking Program. Any rights not expressly granted herein are reserved. Participant shall not, and shall now allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (accept to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Parking Program, the advertising links, or any other technology or documentation obtained from the Parking Program; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Parking Program; or (c) engage in any action or practice that reflects poorly on Book Cove or its advertising partner.
Participant agrees to safeguard and, except for use in the Parking Program, not to disclose to anyone outside the Parking Program any proprietary or confidential information acquired during this Agreement. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
6. Liability Disclaimer and Indemnification
Book Cove is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Book Cove or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Book Cove Site. By providing access to other web Sites, neither Book Cove nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF Book Coveâ€™S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. Book Cove EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Book Cove MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE Book Cove DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. Book Cove MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. Book Cove MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES Book Cove MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY Book Cove IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM Book Cove OR THROUGH THE SERVICES PROVIDED BY Book Cove SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Book Coves products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL Book Cove, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Book Coveâ€™S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) Đ‚100. YOU AGREE TO INDEMNIFY AND HOLD Book Cove, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYSâ€™ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
7. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site are property of Book Cove, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Book Cove, its affiliates, advertisers, and licensors. Book Coveâ€™s licensors' or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify Book Coveâ€™s designated agent in writing and provide the following information; your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European Law, notifications of claimed copyright infringement should be sent to Book Coveâ€™s Designated Agent.
All contents of the Site are: Copyright Â© 2006 Book Cove and/or its suppliers. All rights reserved.
8. Term and Termination
Until and unless terminated by you or Book Cove, your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). Book Cove may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.
Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Book Coveâ€™s systems. Book Cove is under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 5 (Privacy), Section 7 (Liability Disclaimer and Indemnification), Section 8 (Intellectual Property), Section 9 (Term and Termination), and Section 10 (General) shall survive the termination of this Agreement and your right to use the Site.
Book Cove is governed by the laws of England. You hereby consent to the jurisdiction of, and venue in, courts located in the United Kingdom in all disputes arising out of or relating to the Site. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Book Cove or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Book Cove as a result of this Agreement or use of the Site. Book Cove performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Book Coves right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Book Cove with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Book Cove with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Book Cove with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Book Cove to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Book Cove may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities