IndieBound.org Terms of Use

This Terms of Use (“Terms of Use”) governs the American Booksellers Association (“ABA” or “we” or “us”) web site located at www.indiebound.org (“IndieBound Site”). By accessing the IndieBound Site, you agree to be bound by the following Terms of Use. All users of the IndieBound Site should read and understand these Terms of Use. If you do not agree to these Terms of Use, please do not use the IndieBound Site.

You understand and agree that the IndieBound Site is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the IndieBound Site or any other client software. The opinions expressed on the IndieBound Site are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the IndieBound Site with or without notice at any time and without any liability to you.

Changes to Terms of Use
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the IndieBound Site after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

Ownership of Content
The IndieBound Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”). ABA or other individuals or entities may own this Content. You may use the IndieBound Site and the Content offered on the IndieBound Site only for your own internal purposes. Other than as permitted on the IndieBound Site, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the IndieBound Site or any portion of it. You may use Content offered for downloading, for internal use only and subject to the rules that accompany that particular Content. In the event of any permitted copying, redistribution or publication of material from the IndieBound Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. You may not use the Content in a manner that exceeds the rights granted for your use of the Content.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the IndieBound Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

By uploading information, software, or other material onto the IndieBound Site, you warrant and represents that you own the copyright, trademark or other proprietary right in such information, software, or other material, or have received permission from the person or entity who owns such rights. You shall not upload, post or otherwise make available on the IndieBound Site any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

Certain areas of the IndieBound Site may allow you to post your own Content, which can be accessed and viewed by others, including the public in general. You may only post such Content to public areas that you created or that you have permission to post. You may not post any Content that violates these Terms of Use.

License Grant
By submitting or otherwise posting Content to public areas of the IndieBound Site, you hereby grant to us and our respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, including any message or any e-mail sent by you to us or posted on the IndieBound Site (in whole or in part), and/or to incorporate it in other works in any form, media or technology now known or later developed without the need to attribute authorship. You further grant ABA the right to sublicense, transfer or assign the rights granted herein through multiple tiers of sublicenses.

Policy on Proper Use of IndieBound Site
You agree that you are responsible for your own use of the IndieBound Site, for any posts you make, for any content you upload, and for any consequences thereof. You agree that you will use the IndieBound Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the IndieBound Site in order to (a) determine whether a violation of these Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may use the IndieBound Site for lawful purposes only. You may not submit or transmit through the IndieBound Site any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. impersonates any person, business or entity, including us and our employees and agents;
  5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  7. disrupts the normal flow of dialogue or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
  8. violates any law or any ABA standard, policy and procedure, including the ABA antitrust compliance policy;
  9. describes a pyramid scheme or is a chain letter; or
  10. violates these Terms of Use, guidelines or any policy posted on the IndieBound Site, or interferes with the use of the IndieBound Site by others.

In addition, ABA urges its members to carefully consider any statements about, or concerning the actions of, other organizations, booksellers, suppliers, sellers, or publishers; and not to make any disparaging, defamatory, anticompetitive, or similar statements in such regard.

You may not use the IndieBound Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the IndieBound Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Commercial solicitation or advertising may be posted on or transmitted through the Member Only Sites but only with our express prior written approval and only if the advertising or commercial solicitation complies with all conditions imposed by us. ABA reserves the right, in its sole discretion, to remove any posts that it deems to be advertising or commercial solicitation in violation of these Terms of Use.

You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person; (ii) use a user name or e-mail address of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a user name that we consider to be offensive.

ABA reserves the right to expel users and prevent their further access to the IndieBound Site for violating these Terms of Use.

Monitoring
We shall have the right, but not the obligation, to monitor the content of the IndieBound Site to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the IndieBound Site. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the IndieBound Site or any communication or posting on the IndieBound Site.

Users of the IndieBound Site may notify us of information on the IndieBound Site that violates these Terms of Use. If notified by a user of communications which allegedly do not conform to these Terms of Use, ABA may, but has no obligation to, investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. ABA has no liability or responsibility to users for performance or nonperformance of such activities.

Links to External Sites
The IndieBound Site may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web site.

Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the IndieBound Site in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.

Please provide the following information to our Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the IndieBound Site;
    your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Privacy
We collect personal information on the IndieBound Site, which is subject to the terms of our privacy statement, located at http://www.indiebound.org/privacy-policy.

Disclaimer of Warranties
ABA is providing information and services on the Internet as a benefit and service in furtherance of ABA's non-profit and tax-exempt status. We provide the IndieBound Site “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the IndieBound Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE INDIEBOUND SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE INDIEBOUND SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE INDIEBOUND SITE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INDIEBOUND SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE INDIEBOUND SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A US REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE INDIEBOUND SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE INDIEBOUND SITE EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD OR, IN THE EVENT THAT YOU HAVE NOT PAID MEMBERSHIP FEES, $500.00.WE, OUR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE INDIEBOUND SITE OR FROM ANY POSTINGS ON THE INDIEBOUND SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE NEITHER ENDORSE OR OUR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE INDIEBOUND SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE INDIEBOUND SITE BY ANYONE OTHER THAN AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE INDIEBOUND SITE AND/OR ANY POSTINGS ON THE INDIEBOUND SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE INDIEBOUND SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Antitrust Policy
ABA policy is to scrupulously comply with all antitrust laws. ABA reminds all users to guard against any activity that could be construed as a violation of the antitrust laws. Accordingly, discussion of and exchange of information on the following subjects should be avoided: prices, terms of sale, costs, discounts, advances, mark-ups, preferences, advertising allowances, plans for dealing with particular customers, suppliers, or competitors, concerted action to refuse to deal with or to boycott certain companies, and marketing plans on a product line or geographic basis and any other discussion topics that could be construed to impose a restraint on trade and inhibit free and fair competition in the bookselling industry.

Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates and other subsidiaries, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the IndieBound Site or from any breach of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Choice of Law
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York’sconflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK, COUNTY OF WESTCHESTERFOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

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