sBooks Terms of Service
BEINGMETA, Inc. ("BEINGMETA") provides the sbooks.net web site (the "Site") as a service to its customers and other interested parties. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. BEINGMETA may change these Terms of Use from time to time, at BEINGMETA's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.
You acknowledge that BEINGMETA reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice. While the site is currently free of charge, you acknowledge that BEINGMETA reserves the right to charge for aspects or additions to its services in the future. In particular, use of the site and its services with third-party restricted content may be limited or disallowed.
Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of BEINGMETA and/or its suppliers or licensors.
Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). This includes (but is not limited to) "glosses," tags and links associated with particular books or other content used in conjunction with the site. All such Posted Information remains property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.
Unless otherwise noted in a particular document, BEINGMETA hereby authorizes you to electronically copy or print in hard copy any document published by BEINGMETA on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by BEINGMETA without prior written approval from BEINGMETA or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of BEINGMETA, its suppliers or licensors, or any other third party.
Any software available to download from the Site is the copyrighted work of BEINGMETA and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software ("License Agreement"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
The design of the Site is the property of BEINGMETA. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of BEINGMETA, and BEINGMETA is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Users may provide private information when registering for this site or by registering in conjunction with other social networking sites. Unless required by law, BEINGMETA will only use this personal information in the operation of the site and providing services to users. BEINGMETA honors the privacy policies of the other social networking sites with which a user is registered and information from those sites will only be used in conjunction with the sBooks service.
When users provide information to this site (see Section 2: Posted Information), BEINGMETA will make reasonable efforts to ensure that the distribution of this information is limited as set forth in the sBooks Privacy Policy. Users give permission for BEINGMETA to share their posted information with other users as specified in this policy and to use that information internally to improve the functionality and performance of the service.
In the operation of this website, BEINGMETA uses �cookie� technology and server logs to maintain sessions, identify problems, and ensure quality. Unless required by law or to identify abuses, BEINGMETA will not use information from these cookies and logs for any purpose but the operation of this site. See the Privacy Policy for more details.
BEINGMETA intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to BEINGMETA or on the Site.
Except for Posted Information or personal information, if you transmit to or otherwise provide to BEINGMETA any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. BEINGMETA shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to BEINGMETA, you are deemed to grant to BEINGMETA a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, BEINGMETA will have no liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information. You are also prohibited from linking your member account to social network identities belonging to any other individuals.
BEINGMETA may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. BEINGMETA is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Site and possible lockout. BEINGMETA also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content.
The Site may provide access to international data about BEINGMETA, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that BEINGMETA, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
You acknowledge that BEINGMETA has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of BEINGMETA, interfere with any other user's access or use of the Site, or if BEINGMETA decides that your use is otherwise detrimental to BEINGMETA, the Site, or BEINGMETA's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact BEINGMETA at sbooksabuse@beingmeta.com BEINGMETA may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. BEINGMETA does not have any obligation or liability to you for the performance or nonperformance of those activities.
BEINGMETA may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions ("Service Terms and Conditions"). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.
These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of BEINGMETA to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
BEINGMETA provides for the posting and sharing of comments, tags, links, or discussions by registered users. Users are provided ways to control the visibility of their posted information as described in the Privacy Policy. However, we cannot control the actions of other users and cannot guarantee that posted information will not be disclosed in ways you did not intend and the posting of information is done at your own risk.
By submitting the Posted Information for publication on the Site, you grant to BEINGMETA, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the Site and consistent with our Privacy Policy.
You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.
If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to BEINGMETA a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. BEINGMETA reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.
Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of BEINGMETA with regard to the contents of sites related to User Links.
The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. BEINGMETA has only made a portion of the Site available for the publication, distribution, and review of Posted Information. BEINGMETA is not involved in any transactions between the users who submit Posted Information, and the users who view or use such information. Without limiting the generality of foregoing, BEINGMETA is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.
In addition, please note that BEINGMETA cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
BEINGMETA has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. BEINGMETA may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by BEINGMETA of the Posted Information.
BEINGMETA reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of BEINGMETA or the Site, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.
BEINGMETA respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant:
By reviewing or using the Posted Information, you represent and warrant:
If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to BEINGMETA's Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
THE SITE IS PROVIDED BY BEINGMETA "AS IS" AND WITH ALL FAULTS. BEINGMETA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, BEINGMETA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEINGMETA SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. BEINGMETA DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEINGMETA SPECIFICALLY INFORMS YOU THAT BEINGMETA MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
UNDER NO CIRCUMSTANCES SHALL BEINGMETA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF BEINGMETA, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BEINGMETA, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, hold harmless, and defend BEINGMETA and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
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Last Updated 24 November 2012
