BookZillion.com: Terms of Use

The terms and conditions stated below, along with the policies and guidelines located throughout the BookZillion.com Site (collectively herein the “Terms of Use”) govern your use of this BookZillion.com Site (“Site"). BookZillion.com is a Site devoted to showcasing books. Traditionally published writers can upload the first few pages of their books, and readers can browse and discover them. This is the sole purpose of this Site (the “Purpose”). By visiting any area on the BookZillion.com Site you are deemed to have accepted the Terms of Use.

  1. USE OF THIS SITE. Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. BookZillion.com may also make improvements and/or changes to the products and/or programs described on this Site at any time without notice.
  2. USER CONDUCT. You agree to use the Site only for lawful purposes, and only for the Purpose, as defined above. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the BookZillion.com Site (collectively “Content”). You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
  3. COPYRIGHT. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BookZillion.com or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BookZillion.com or other copyright owners who have authorized their use on the Site.
  4. TRADEMARK. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
  5. WARRANTY DISCLAIMER. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, BOOKZILLION.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. BOOKZILLION.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
  6. LIMITATION OF LIABILITY. IN NO EVENT WILL BOOKZILLION.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  7. LINKS TO THIRD PARTY SITES. There may be links on this Site that will permit you to travel to other, third-party sites over which BookZillion.com has no control. BookZillion.com makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites which you may access through this Site. BookZillion.com does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
  8. LINKING TO THIS SITE. If you would like to link to this Site, you must follow BookZillion’s policies outlined in the Website Linking Agreement. You may only link to BookZillion’s homepage. You may not frame the home page or any other pages of this Site on any other website.
  9. USER SUPPLIED INFORMATION. BookZillion.com does not want to receive confidential or proprietary information from you to be posted on the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you grant BookZillion.com a royalty-free, irrevocable, perpetual, worldwide right to use, distribute and display this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
  10. THIRD PARTY CONTENT. By submitting Content on this Site, you automatically grant, or represent and warrant that the owner or authorized licensor of such Content has expressly granted BookZillion.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to BookZillion.com retains any and all rights which may exist in such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the respective authors or distributors and not of BookZillion.com, unless expressly stated otherwise. BookZillion.com does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. Under no circumstance shall BookZillion.com be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the BookZillion.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the BookZillion.com Site.

    This Site may include bulletin boards, chat rooms, or other interactive areas where users can communicate with BookZillion.com and other users. BookZillion.com does not control the messages, files, or other information posted by users. BookZillion.com reserves the right to remove or decline to post any material as determined by the sole discretion of BookZillion.com. As a condition of use of any interactive area of the BookZillion.com Site, the users agree that they will not:
    • Interfere in any way with the use and enjoyment of the interactive area of any other user;
    • Post or transmit any unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct which would give rise to criminal or civil liability or violate the laws of local, state, national, or foreign governments;
    • Post or transmit any information or material which violates or infringes upon the rights of others, including privacy or publicity rights or is protected by copyright, trademark, patent or other proprietary rights and derivative works thereof;
    • Post or transmit any information or material that contains a virus or harmful component;
    • Post or transmit any information that has a commercial, advertising, promotional or marketing purpose.
    • Any violation of the conditions of use will result in removal of the offending material and termination of user privileges. Upon notice to BookZillion.com from any third party that information or material posted by users constitutes an infringement of property rights or other unlawful condition, BookZillion.com will act to remove or block access to the offending material and terminate the privileges of the posting party.
  11. CLAIMS OF COPYRIGHT INFRINGEMENT. BookZillion.com complies with the provisions of the Digital Millenium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify BookZillion.com of any violation of copyright on the BookZillion.com site by sending a notice containing the following information:
    • Identification of what is being infringed
    • Contact information
    • A statement of good faith belief that the material is infringing
    • A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder

    Send the notice c/o:
    Anne Paretti
    Burns & Levinson LLP
    125 Summer Street
    Boston, MA 02110
    Phone (617) 345-3000
    Fax (617) 345-3299
    Please note that this procedure is solely for notifying BookZillion.com that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
  12. INDEMNIFICATION. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BookZillion.com, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.
  13. PASSWORD AND ACCOUNT SECURITY. Every User who has an account on the BookZillion.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to his or her computer; and (iii) keeping the e-mail address associated with that account current.
  14. JURISDICTION AND GOVERNING LAW. Any action related to these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any legal proceeding arising out of or in connection with these Terms shall be brought in a state or federal court in Boston, Massachusetts, and hereby waive any jurisdictional or venue defenses otherwise available to you.
  15. ENTIRE AGREEMENT. These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. BookZillion.com can revise these Terms of Use at any time without notice by updating this posting.
  16. NOTICES. You consent to receive electronic communications from BookZillion.com, whether addressed to the e-mail address associated with your account or posted on the BookZillion.com Site. You acknowledge and agree that any communication via e-mail or by postings on this BookZillion.com Site satisfies any legal requirement that such communications be made in writing.
  17. ADDITIONAL TERMS AND CONDITIONS In addition to the policies and guidelines outlined above, the following policies are incorporated into the Terms of Use: