Terms of Use

Effective Date: September 1, 2015

Last Updated Date:

  1. Acceptance of the Terms and Conditions.

    1. Binding Agreement; Description. BookGrabbr Inc. (“BookGrabbr,” “we,” “us” or “our”) provides and makes available its website (the “Site”), along with its mobile devices (the “App”, and together with the Site, the “Service”) for the promotion and marketing of books by authors and publishers (collectively, “Providers”), and for readers (“Readers,” and collectively with Content Providers, “Users”) to download free books and previews of books. All uses of the Service are subject to the terms and conditions contained in this Terms of Use Agreement (this “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you may not access, browse or use the Service.

    2. Changes to this Agreement. You understand and agree that BookGrabbr may change this Agreement at any time without prior notice; provided that BookGrabbr will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates BookGrabbr provides to you that replace and/or supplement the original App or any other portion of the Service, unless that upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern.

    3. Privacy Policy. Your access to and use of the Service is also subject to BookGrabbr’s Privacy Policy located at www.bookgrabbr.com/privacy_policy, the terms and conditions of which are incorporated herein by reference.

    4. Eligibility. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to this Agreement; and (iii) agree to be bound by this Agreement on behalf of that Organization. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY BOOKGRABBR. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that you are at least 18 years of age. BookGrabbr does not seek to gather information from or about children under the age of 13 through the Service.

  2. Use of the Service.

    1. The Service is licensed, not sold, to you for use only under the terms of this Agreement. BookGrabbr reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, BookGrabbr hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial (if you are a Reader) use, and to use the App on a single compatible device that you own or control.

    2. Content. The content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by BookGrabbr or BookGrabbr’s third party licensors (the “BookGrabbr Content”). No material from the Service may be copied, reproduced, uploaded, republished, transmitted, posted, or distributed in any way without written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by express functionalities of the Service. Modification of materials obtained from the Service, including, but not limited to, Provider Content (if you are a Reader), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of the copyright owners, BookGrabbr or its licensors, unless you have obtained express written authorization to the contrary. Permission for all other uses of materials made available on or through the Service must be obtained from BookGrabbr or the copyright owner of Provider Content in advance and in writing. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to BookGrabbr.

    3. Marks. The trademarks, service marks, and logos of BookGrabbr (the “BookGrabbr Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of BookGrabbr. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the BookGrabbr Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of BookGrabbr specific for each such use. The Trademarks may not be used to disparage BookGrabbr or the applicable third-party, BookGrabbr’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Service is prohibited without BookGrabbr’s prior written consent. All goodwill generated from the use of any BookGrabbr Trademark will inure to BookGrabbr’s benefit.

    4. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the BookGrabbr Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the BookGrabbr Content in any way for any public or commercial purpose. The use or posting of any of the BookGrabbr Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the BookGrabbr Content and Service will automatically terminate and you will immediately destroy any copies you have made of the BookGrabbr Content.

  3. Reader Content.

    1. Reader Content. BookGrabbr offers Readers the ability to submit, post, link to, or transmit (collectively, “Submit”) comments, reviews, and other text to the Service (collectively, with any other materials uploaded by Readers (“Reader Content”). BookGrabbr does not pre-screen any Reader Content, but reserves the right to refuse or delete any Reader Content. In addition, BookGrabbr has the right but not the obligation in its sole discretion to refuse or delete any Reader Content that it reasonably considers to violate this Agreement or be otherwise illegal or inappropriate. BookGrabbr does not guarantee the accuracy, integrity or quality of any Reader Content, and under no circumstances will BookGrabbr be liable in any way for any Reader Content, including liability for any errors or omissions in any Reader Content or for any loss or damage of any kind incurred as a result of the use of any Reader Content uploaded, posted, emailed or otherwise transmitted via the Service.

    2. License to Reader Content. You retain ownership of any rights you may have in your Reader Content and submission of Reader Content does not transfer ownership of your rights to BookGrabbr. We do, however, need certain permission from you, in order to be able to provide the Service to you and others. Accordingly, you hereby grant BookGrabbr an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license, without obligation, to use, reproduce, distribute, publish, publicly display, publicly perform (including by means of digital audio transmission and on a through-to-the-audience basis), transmit, stream, broadcast, communicate to the public, make available, modify and otherwise use and exploit (collectively, “Use”) your Reader Content and modifications and derivatives thereof (including, without limitation, the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your Reader Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which your Reader Content may be implemented) for the purposes of providing the Service to you. You further authorize Providers to Use your Reader Content to market and promote the applicable Provider Content.

    3. Representations and Warranties with Respect to Reader Content. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all Reader Content that you submit to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to BookGrabbr the rights in Reader Content as contemplated under this Agreement, and (ii) neither the Reader Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of Reader Content or BookGrabbr’s exercise of the rights granted above to Reader Content (or any portion thereof) will infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or require BookGrabbr to obtain any licenses from or make any payments in any amounts to any third party throughout the world. You waive any and all moral rights associated with your Reader Content.

    4. Waiver of Moral Rights. By posting Reader Content to or through the Service you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Reader Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Reader Content you post to the Service, during the term of this Agreement. You expressly release BookGrabbr and all of BookGrabbr’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your Reader Content as authorized in this Agreement.

  4. Additional Terms for Readers

    1. Provider Content is Licensed, Not Sold. If you Provider Content is licensed and not sold to you. You may only use Downloaded Provider Content for your own personal, non-commercial use and not for any other purpose. Except as permitted by applicable law, you may not reproduce (except on computer equipment or personal digital devices (e.g., phones, tablets, etc.) owned or controlled by you), distribute, publicly perform or communicate to the public any Downloaded Provider Content obtained from or through the Service without the express permission of BookGrabbr or the applicable Provider.

  5. Additional Terms for Providers

    1. Provider Content. If you are a Provider, then you may Submit literary materials, including books, text, comments, reviews and other materials to the Service (“Provider Content”). The terms of this Section 4 govern all Provider Content, except to the extent you have a separate agreement with BookGrabbr regarding BookGrabbr’s use of Provider Content (an “Other Agreement”). In that case, this Agreement applies to the extent there is a conflict between this Agreement and the Other Agreement, in which case the Other Agreement will govern the conflicting terms. You are solely responsible for securing the rights to any and all Provider Content you Submit to or through the Service. You acknowledge and agree that BookGrabbr is not obligated to allow all Provider Content Submitted to the Service be available on the Service.

    2. License to Provider Content.

      1. If you are a Provider, then by Submitting Provider Content to the Service, you hereby grant to BookGrabbr (and BookGrabbr’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, assignable, sublicensable, revocable (as set forth in Section iv), royalty-free license throughout the world and during the term of this Agreement to Use all Provider Content you upload to or through the Service, on an item-by-item basis, through any media and formats now known or hereafter developed, for the sole purposes of (i) transmitting or distributing your Provider Content to Readers ; and (ii) advertising, marketing, and promoting BookGrabbr, the Service, and the availability of your Provider Content on and through the Service. For the purposes of the rights granted in subsection (ii) of this Section, BookGrabbr will not use entire excerpts of books Submitted as Provider Content to the Service.

      2. Use of Name. BookGrabbr may use a Provider’s name and its trademarks, tradenames, service marks, logos, and book covers (collectively, “Marks”), on the Service and in publicly disseminated lists of all publishers on the Service in order to identify Provider Content and promote and market the availability of such Provider Content on the Service. BookGrabbr may not use Provider’s name or Marks in any other way without Provider’s prior written consent.

      3. Representations and Warranties with Respect to your Provider Content. By Submitting Provider Content to the Service, you hereby represent and warrant to BookGrabbr that (i) you have obtained all necessary rights, permissions, licenses, authorizations, and clearances to grant the licenses and rights set forth in this Agreement with respect to such Provider Content and (ii) the Use of such Provider Content in any manner permitted by this Agreement will not (y) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (z) require BookGrabbr or any Third Party Site on or through which the Service is made available to pay any fees of any kind to any third party for the Use of any Provider Content.

      4. Removing Provider Content. As a Provider, you may remove Provider Content from the Service using the functionality associated with your Account. However, removal of Provider Content on the Service will not affect any Provider Content previously downloaded by Readers.

      5. No Royalties. You, as a Provider, waive any claim for royalties or any other remuneration in connection with the Use of your Provider Content on or through the Service. Without limiting the foregoing sentence, you acknowledge and agree that BookGrabbr will not have any obligation to pay any royalties to any third party for the Use of your Provider Content.

      6. Third Party Obligations. You, as a Provider, are solely responsible for all other third party payment obligations arising from the Use of your Provider Content on the Service.

    3. Fees. All Users may browse the public facing pages of the Service for free. However, if you are a Provider and wish to Submit Provider Content, then you must subscribe to the Service for the subscription fee set forth on the Service (the “Fee”). BookGrabbr reserves the right to increase the Fee or institute new charges upon reasonable notice. Fees are due in advance. You may cancel your subscription at any time and such cancellation will be effective at the end of the month in which you provide notice of cancellation. Your subscription will automatically renew each month, until you notify us of your decision to terminate your subscription. Accordingly, you agree that your Fee will be billed automatically each month at the beginning of the month to the credit card you used in your most recent transaction with us. We reserve the right to cancel your subscription at any time.


    1. Payment. Payments must be made by credit card through our third party payment processor. All payments are made in United States Dollars.

    2. Security. BookGrabbr’s digital files shall be maintained in a secure environment, pursuant to commercially reasonable industry practices for housing and storage of digital information, and BookGrabbr warrants that the Digital Media Files are reasonably secure from manipulation, unauthorized copying or transmission, infringement and other misappropriation or misuse. It is understood that BookGrabbr maintains its digital files with Amazon Web Services (AWS), a secure, third party data repository and recognized by Forrester Group as a leader in public cloud security. (http://aws.amazon.com/security/) The AWS cloud infrastructure is housed in AWS's highly secure data centers, which utilize state-of-the art electronic surveillance and multi-factor access control systems. Data centers are staffed 24x7 by trained security guards, and access is authorized strictly on a least privileged basis. All personnel must be screened when leaving areas that contain customer data. Environmental systems in the data centers are designed to minimize the impact of disruptions to operations, and multiple geographic regions and Availability Zones allow you to remain resilient in the face of most failure modes, including natural disasters or system failures. Further, BookGrabbr has engaged Metova, Inc. as its IT development firm. Metova developers have SSH access to the app servers, and the AWS keys are stored on the server. Direct AWS access is available to users assigned by BookGrabbr, and that access is secured by AWS IAM settings. When serving files to the consumer, they are necessarily more vulnerable. As a normal business practice, BookGrabbr attests that it is apprised and informed of network vulnerability assessments of its security systems as provided by AWS and Metova.

  1. Registration.

    1. Log-In Credentials. While you may always browse the public-facing pages of the Service without registering, in order to enjoy the full benefits of the Service and download or Submit Reader Content or Provider Content, as applicable, you must create an account with the Service (an “Account”).

    2. Readers. In order to create an Account as a Reader, you will have to log in using your credentials for the social media networks identified on the Service.

    3. Providers. In order to create an Account as a Provider, you will have to provide your name and create a password, and enter your address, phone number and website.

    4. Account Security. You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify BookGrabbr immediately at info@bookgrabbr.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. BookGrabbr will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BookGrabbr of such unauthorized use or loss of your credentials. Separate log-in credentials may be required by the owners and/or operators of External Sites to access such External Sites.

    5. Accuracy of Information. In creating an Account, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by BookGrabbr. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by you are returned as undeliverable, then BookGrabbr reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.

  2. Restrictions on Use of the Service.

    1. In using the Service, you agree not to:

      1. - take any action that imposes an unreasonable load on the Service’s infrastructure;

      2. - use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;

      3. - attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;

      4. - delete or alter any material posted on the Service by BookGrabbr or any other person or entity; or

      5. - frame or link to any of the materials or information available on the Service.

      6. - alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;

      7. - use any trademarks, service marks, design marks, logos, photographs, or other content belonging to BookGrabbr or obtained from the Service;

      8. - access, tamper with, or use non-public areas of the Service, BookGrabbr’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of BookGrabbr’s providers;

      9. - harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including BookGrabbr employees;

      10. - provide any false personal information to BookGrabbr;

      11. - create a false identity or impersonate another person or entity in any way;

      12. - create a new account with BookGrabbr, without BookGrabbr’s express written consent, if BookGrabbr has previously disabled an account of yours;

      13. - You will not solicit, or attempt to solicit, personal information from other users of the Service.

      14. - restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;

      15. - use the Service to send text messages, emails, or other communications to persons who have requested that you not sent them communications;

      16. - if you are a Reader, use the Service, without BookGrabbr’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

      17. - gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;

      18. - post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.

      19. - interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;

      20. - violate any applicable federal, state, or local laws or regulations or this Agreement.

      21. - assist or permit any persons in engaging in any of the activities described above.

  3. External Sites. The BookGrabbr Site and App may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. BookGrabbr is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

  4. Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending BookGrabbr or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to BookGrabbr, you agree that:

  5. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.

    1. Respect of Third Party Rights. BookGrabbr respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

    2. Repeat Infringer Policy. BookGrabbr’ intellectual property policy is to (i) remove or disable access to material that BookGrabbr believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Provider Content or Reader Content (collectively, “User Content”) uploaded to the Service by “repeat infringers.” BookGrabbr considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom BookGrabbr has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. BookGrabbr has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon BookGrabbr’ own determination.

    3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by BookGrabbr with the user alleged to have infringed a right you own or control, and you hereby consent to BookGrabbr making such disclosure. Your communication must include substantially the following:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

      2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works

      3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BookGrabbr to locate the material;

      4. Information reasonably sufficient to permit BookGrabbr to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

      5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

    1. Designated Agent Contact Information. BookGrabbr’ designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:

Via E-mail:
info@bookgrabbr.com

Via U.S. Mail:
334 Main Street
Suite 201
Franklin, TN 37064

    1. Counter Notification. If you receive a notification from BookGrabbr that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide BookGrabbr with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to BookGrabbr’ Designated Agent through one of the methods identified in Section d and include substantially the following information:

      1. A physical or electronic signature of the subscriber

      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

      3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

      4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which BookGrabbr may be found, and that the subscriber will accept service of process from the person who provided notification under Section b above or an agent of such person.

      5. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act

    2. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to BookGrabbr in response to a Notification of Claimed Infringement, BookGrabbr will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that BookGrabbr will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and BookGrabbr will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless BookGrabbr’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on BookGrabbr’ system or network.

    3. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [BookGrabbr] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f).

BookGrabbr reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

  1. Dispute Resolution.

    1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND BOOKGRABBR AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

      1. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to BookGrabbr, to you via any other method available to BookGrabbr, including via e-mail. The Notice to BookGrabbr should be addressed to BookGrabbr Inc., 334 Main Street, Suite 201, Franklin, TN 37064, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and BookGrabbr do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or BookGrabbr may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against BookGrabbr, then BookGrabbr will promptly reimburse you for your confirmed payment of the filing fee upon BookGrabbr’ receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

      2. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator with his or her primary place of business in Williamson County, Tenneesee will be appointed pursuant to the Rules, as modified herein. You and BookGrabbr agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) arbitration will only be conducted if the damages sought exceed $75,000; (B) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (C) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (D) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

      3. No Class Actions. YOU AND BOOKGRABBR AGREE THAT YOU AND BOOKGRABBR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

      4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Tennessee in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

    2. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of this Agreement by BookGrabbr or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against BookGrabbr, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

    3. Claims. You and BookGrabbr agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    4. Improperly Filed Claims. All claims you bring against BookGrabbr must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, BookGrabbr may recover attorneys’ fees and costs up to $5,000, provided that BookGrabbr has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

    5. Modifications. In the event that BookGrabbr makes any future change to the Mandatory Arbitration provision (other than a change to BookGrabbr’ Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to BookGrabbr’ Arbitration Notice Address, in which case your account with BookGrabbr and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.

    6. Enforceability. If only Section iii or the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to this Agreement.

  2. Limitation of Liability and Disclaimer of Warranties.

    1. BOOKGRABBR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “BOOKGRABBR PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BOOKGRABBR CONTENT AND USER CONTENT (COLLECTIVELY, “CONTENT”), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE BOOKGRABBR PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY BOOKGRABBR USER OR VISITOR, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER OR VISITOR, YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK.

    2. THE BOOKGRABBR PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BOOKGRABBR PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

    3. THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BOOKGRABBR PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 

    4. IN NO EVENT WILL ANY BOOKGRABBR PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BOOKGRABBR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOKGRABBR’S LIABILITY, AND THE LIABILITY OF ANY OTHER BOOKGRABBR PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES PAID BY YOU TO BOOKGRABBR IN THE TWELVE MONTHS PRECEDING THE CLAIM AND $100.

    5. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE BOOKGRABBR PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  3. Third Party Disputes. BOOKGRABBR IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BOOKGRABBR PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  4. Indemnification. You agree to defend, indemnify, and hold harmless the BookGrabbr Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Service. BookGrabbr will provide notice to you of any such claim, suit, or proceeding. BookGrabbr reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BookGrabbr’s defense of such matter.

  5. Termination of the Agreement.

    1. BookGrabbr reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability. BookGrabbr reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.

    2. Sections 1, 3, iii, d, e, 7, 9 – 14, b, 16, and 17will survive the termination of this Agreement.

  6. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding such electronic communications. You agree that any notices, agreements, disclosures, or other communications that we or any third party sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  7. Miscellaneous. This Agreement is governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Williamson County in the State of Tennessee. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BookGrabbr as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and BookGrabbr other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of BookGrabbr to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against BookGrabbr unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BookGrabbr and you, this Agreement constitutes the entire agreement between you and BookGrabbr with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Site and/or might be publicly accessible, and it is understood that important and private information will be protected by you as the user and/or customer. BookGrabbr is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of BookGrabbr. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. BookGrabbr may assign this Agreement, including all its rights hereunder, without restriction.

  1. Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending BookGrabbr or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to BookGrabbr, you agree that:

    1. BookGrabbr has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

    1. Feedback is provided on a non-confidential basis, and BookGrabbr is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

    1. You irrevocably grant BookGrabbr perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

  1. Miscellaneous. This Agreement is governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Williamson County in the State of Tennessee. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BookGrabbr as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and BookGrabbr other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of BookGrabbr to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against BookGrabbr unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BookGrabbr and you, this Agreement constitutes the entire agreement between you and BookGrabbr with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Site and/or might be publicly accessible, and it is understood that important and private information will be protected by you as the user and/or customer. BookGrabbr is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of BookGrabbr. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. BookGrabbr may assign this Agreement, including all its rights hereunder, without restriction.

NOTICE REGARDING APPLE. You acknowledge that this Agreement is between you and BookGrabbr only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If BookGrabbr provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.