TERMS OF SERVICE
Last updated: 05/08/2022
Welcome to Booksies! By Stage for Kids Global Pte Ltd (referred to in this policy as “Booksies”, “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with Booksies and provide important information about your legal rights (“Terms”).
These Terms explain the rules you need to follow when you visit our marketplace located at Booksies.net and related subdomains (together, the ” Booksies Marketplace”), any affiliated web pages we may host (which together with the Booksies Marketplace, we refer to in these Terms as the “Sites”), our mobile applications (“Apps”), and any other services we might offer (together the Sites, Apps, and related services are our “Services”).
The Booksies Marketplace offers an open platform for creators and users to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“E-Books”). E-Books may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. Booksies.net may modify, add, discontinue support for, or limit the availability of any product type. An E-Book, together with the E-Book title, description, and other listing information make up a “E-Book Listing.” Booksies.net at no time owns or sells E-Books for or on behalf of our Sellers.
Users of the Booksies Marketplace include Booksies who have registered for a Booksies account (“Account”) (“Sellers”) (“Buyers”) (“Booksies”) (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Booksies together are our “Users”.)
- Booksies Membership/Account
|This section provides information on who’s eligible to join our marketplace, how to create an account, and the types of accounts we offer. To use many of the features of our Services, we require you to register as a Booksies with us. Some Booksies post, share, and sell E-Books (Sellers), other Booksies use their accounts only to browse, purchase, and download E-Books (Buyers), and some do both.|
To use many aspects of our Services, you’ll be asked to become a Booksies. Only individuals who are 18 years of age or older are eligible to become Booksies. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.
When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.
We may ask for proof of your age or identity at any time to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.
If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.
If your Account has been closed by Booksies.net, you are no longer eligible to be a Booksies in our marketplace.
- USERNAME & PASSWORD
You’ll be asked to pick a username for your Account. Your username has to be unique and can’t be inappropriate, offensive, or something that violates the rights of someone else.
You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It is your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Experience team as quickly as possible at support@Booksies.net, so we can help.
- BOOKSIES ACCOUNT TYPES
Buyers. You can join Booksies.net as a Buyer to use our Services for purchasing and downloading E-Books (“Buyer”, “Booksies”). A Buyer Account is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download purchased E-Books, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Booksies, and enjoy other features and services we may offer.
Sellers. You can enjoy additional capabilities that allow you to offer and sell E-Books through our Services as a Seller (“Seller”, “Booksies”). Sellers include individuals offering their own authored works and organizations or entities offering materials produced by one or more employees or commissioned authors. Booksies.net reserves the right to modify your account at any time at our discretion.
Sellers have all the same features of Buyers plus the ability to add links and sell E-Books, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features.
Organizations. Users such as Schools or other entities using Booksies.net for Schools to purchase and download E-Books are bound by the provisions of Seller terms and conditions which are incorporated as part of these Terms. Booksies who link their Account to an Organization must comply with these Terms as well as the provisions of the Booksies for Schools User Agreement.
- BOOKSIES ACCOUNT & FEES
Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on Booksies.net. When you purchase on Booksies.net, you will be charged (in U.S. Dollars) the list price for each item as well as applicable state and local sales taxes, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you’ve provided is accurate. Booksies is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. In addition, as set forth in section 5 below, for states with applicable marketplace collection laws, and for certain other states in which Booksies has received permission (including by having entered into a collection agreement), Booksies will calculate, collect, and remit applicable sales tax. Where sales tax applies to your order, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
Buyers. Joining as a Buyer is free. Buyers may, at any time, and after paying any applicable fees, upgrade to a Seller.
“Fees” include (1) Booksies subscription fees charged each Booksies term (“Booksies Fees”), and (2) fees charged per E-Book sold (“Transaction Fees”).
“Marketplace Payout Rate” is defined as the percentage of the sale price you earn for each E-Book you sell through the Booksies Marketplace. Marketplace Payout Rates may vary depending on the type of E-Book. The applicable Marketplace Payout Rate is applied only to the sale price of each E-Book at the time sold. The remaining amount of the sale price is retained by Booksies as a service fee.
The Fees and Marketplace Payout Rates for each Seller are defined in our Seller Fees and Payout Rates Policy which is incorporated as part of these Terms.
We may, in our discretion, make changes to the Booksies Accounts we offer, the privileges and features available to each Booksies, as well as the Fees and Marketplace Payout Rates associated with each Booksies at any time.
In advance of any Fee increase or change in Marketplace Payout Rates, we’ll notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Marketplace Payout Rates will be applied to all affected Sellers as of the stated effective date of the change.
Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Platforms and Services.
These Terms are the entire agreement between you and other Booksies, and they govern your relationship with other Booksies. Becoming a Booksies of our Services does not create an agency, employment, or partnership relationship between you and Booksies.net. Booksies.net is not the employer of and does not act as an agent for any Booksies.
- ACCOUNT CLOSURE
Closure by Booksies.net. We may, in our discretion, close or suspend the Account of any Booksies at any time for any reason, with or without notice.
Closure by You. You have the right to close your Booksies account at any time, without notice to us. You can close your Account from your My Account page or by contacting us for assistance at support@Booksies.net
Effect of Account Closure. After your account is closed, you’ll no longer have access to your Account information, past purchases, uploaded E-Books, and many of the features of our Services that require an Account.
If you’re a Seller, any E-Books you’ve posted may no longer be searchable and your E-Book pages may not be available to Users.
Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that that your Account, including any E-Books or other materials you may have purchased from our Services, and any E-Books or Communications (collectively “Content “) you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any E-Books that you’ve purchased, or loss of income earned through our Services.
- Booksies Marketplace
|It’s important to us that Booksies.net is and always remains a safe, secure, beneficial marketplace for all users to sell and buy e-Books. This section outlines the rules you need to follow when using Booksies.net whether you’re buying, selling, or just browsing. Basically, be respectful, tell the truth, follow the law, and use common sense.|
- COMMUNITY GUIDELINES
As a User of our Services, you are required to follow our Marketplace Guidelines which are incorporated as part of these Terms. We may modify or add to these rules at our discretion. If you violate any of these rules, we may take action against your Account, such as removing Content you’ve posted, removing E-Books from your Account, suspending or terminating your Account, removing E-Books from your Buyer, issuing a refund to your Buyer, or any additional action that we deem necessary.
- COMMENTS, RATINGS & REVIEWS
You may have the option to provide a review of a E-Book you’ve purchased by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the E-Book for its intended purpose and must comply with our Comments and Ratings Guidelines. We may, at any time, set additional requirements or limitations for leaving Feedback such as a minimum or maximum characters, time-based restrictions, or other requirements. Sellers may not leave feedback on their own E-Books or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Booksies from leaving future Feedback.
- REWARDS PROGRAMS
We may, at our sole discretion, offer Booksies opportunities to earn rewards (“Rewards”) through various programs or incentives (“Rewards Programs”).
We are under no obligation to offer a Rewards Programs of any kind or to issue Rewards in any specific form. We may change the Reward amount or form, Rewards Program requirements, and the conditions for receiving future Rewards at any time. We reserve the right, at our discretion, to revoke or withhold Rewards or ban a Booksies from receiving Rewards or participating in a Rewards Program. We reserve the right to modify, suspend, or discontinue any such Rewards Program at any time.
- MONITORING CONTENT
Booksies.net has the right, but not the obligation, to monitor any activity and Content associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of your Booksies account, denying access, and/or removal of any Content on the site, including E-Book Listings.
- E-Book Licensing Policy
|Sellers own their E-Books and give you certain rights to use them for limited purposes. This section describes the agreement between you and the Sellers you purchase from, and lets you know what allowed within your e-Book purchase license.|
- IN GENERAL
License. Sellers own and maintain the intellectual property rights in their E-Books and grant Buyers licenses to use such E-Books for limited use as described in this section. When you purchase a E-Book, you’re purchasing a license to use the E-Book in accordance with the terms of Booksies.net and the terms as clearly stated by Sellers. All downloadable and digitally consumed E-Books can only be used in accordance with a license.
Your use of any E-Book, regardless of whether the license is purchased by you, transferred to you by your organization, or purchased for you as a gift or on your behalf by other entity, is subject to the E-Book Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this E-Book Licensing Policy as well as any additional terms the Seller provides in the E-Book Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this E-Book Licensing Policy and a Seller’s terms, this E-Book Licensing Policy will govern, except that Sellers may grant certain additional rights to their E-Books.
Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a teacher who purchases a E-Book, in accordance with this section, cannot transfer use of such E-Book to another teacher after her or his retirement).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), the Seller grants to the purchasing Buyer, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the E-Book for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
If you purchase any e-Book, the Seller permits you to:
- Assign use of the E-Book to one Assignee. Once an Assignee has been designated, the e-Book cannot be used by any other individual, but you can purchase additional e-Books/license as needed. For clarity, you can purchase a single License for yourself, as a gift for another person, or as an organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the E-Book to the intended recipient Assignee is permitted, but you may not reallocate a e-Book/license from one Assignee to another or share the E-Book with additional users unless you purchase additional licenses for each additional Assignee.
As an Assignee of a E-Book/License, the Seller permits you to:
- Use the E-Book for personal, educational, and instructional use only (“Personal Use”). This means you can use E-Books for your own personal purposes, for your individual study, and to teach your students.
- Print and make copies of downloadable E-Books as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Video e-Books may not be copied, shared, or otherwise reproduced.
- You may not upload E-Books to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than Permitted Recipients.
Unless otherwise expressly permitted by the Seller:
- You may not use the E-Book, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit-making activity.
- Except as permitted above to deliver E-Books electronically to Permitted Recipients, you may not post or otherwise make the E-Book available on any website, application, shared drive or other sites or services.
- You may not share, send, sell, sublicense, or transfer the E-Book to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each e-Book/license is for use by one specific educator only.
- LIMITATION ON ACCESS
Downloadable E-Books. Booksies.net cannot guarantee continuous access to any E-Book through our Service. For example, if at any time, Booksies.net stops hosting a E-Book for any reason or you or Booksies.net terminates, suspends, downgrades, or otherwise limits your Account or access to Booksies.net’s Services, your ability to access the E-Book through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable E-Books on your device to ensure future access.
Digital and Video E-Books. If you purchase access to a E-Book in the format of streaming video or other non-downloadable formats, your license will expire if you or Booksies.net closes your account, or if Booksies.net stops hosting the E-Book for any reason.
- Intellectual Property
|This section describes what content on the site belongs to us and is protected as our intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.|
- THE SERVICES AND THE SITE CONTENT
Except for Content uploaded or posted by Sellers, all other aspects of the Site and the Apps you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.
- YOUR CONTENT
Rights you grant to Booksies. Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. Booksies does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.
When you post or upload Content to our Services, you grant to us limited rights to store, use, display, and provide access to the Content you post as necessary to provide our Services, including Digital Services (defined and as further detailed below), such as to display your E-Book in your store and in search results, to make your E-Books available for download, and to display and promote your E-Books through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.
Additionally, when you post or upload E-Books to our Services, you grant Booksies.net, in its sole discretion, the right, to make your E-Books available for use with digital (device-based and/or online) tools and features, as are now or hereafter, made available or enabled through the Services, such as any interactive e-Book tool that allows E-Books to be turned into device-based interactive activities where tools and features are “Digital Services” and the E-Books are “Digital E-Books”. Digital E-Books can be used by Buyers of the Booksies Marketplace.
- Booksies.net may designate E-Books as Digital E-Books throughout the Services.
- Booksies.net may store, use, display, provide access to, and promote Digital E-Books as needed to enable use of Digital Services, including for example — adjusting, reformatting, and modifying Digital E-Books for technical purposes (for example to convert them to a digitizable format and to secure the underlying content), and reproducing, displaying, and distributing Digital E-Books (for example to enable Digital Users to view and use them within Digital Services and in order to make unique copies available to students as needed). For purposes of this subparagraph, Booksies will only use your Digital E-Books for purposes related to preparing them for use with Digital Services and delivering them to Digital Users (e.g. the technical steps we need to take in the background), and as otherwise permitted by this Section.
- Booksies.net may make Digital E-Books available to and facilitate use of Digital E-Books by Digital Users as further described herein.
(For the avoidance of doubt, Booksies.net does not take or claim any ownership (copyright, trademark, or otherwise) in or to Digital E-Books, and Sellers maintain the ownership they otherwise have in accordance with the Terms).
Rights you grant to others. When a Buyer purchases a license to use your E-Book, you allow them to use your E-Book as described in Section 3 of these Terms above, in accordance with the license purchased by such Buyer and any other terms you expressly set forth in writing in connection with such E-Books (as long as any additional terms do not conflict with these Terms). For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by Booksies.net, grant additional rights to purchasers of your E-Books, but you may not enforce limitations on such use that are inconsistent with the rights granted in Section 3.
Finally, you grant Digital Users the following additional rights with respect to Digital E-Books notwithstanding anything to the contrary elsewhere in the Terms:
- Digital Users may customize (“Digitize”) Digital E-Books using functionality, as available, through Digital Services such as, but not limited to, selecting, combining and rearranging pages from Digital E-Books, adding layered content on top of Digital E-Books such as layered text or overwriting, interactive elements, layered images, drawings, video or audio files, and creating and appending answer keys to enable grading. Customized elements of Digital E-Books, as described in this subparagraph, are digitized content (“Digitized Content”). Digitizing does not permit a Digital User to extract the underlying content within the individual pages of the original E-Book.
- Digital Users may use Digital E-Books and Digitized Content for Personal Use in accordance with available Digital Services functionality and integrations, including to share or assign Digital E-Books and/or Digitized Content to enable student access and use. Digital E-Books (and Digitized Content to the extent Digitized by the Seller) remain the intellectual property of the Seller.
Effect of account closure or E-Book deactivation. If you or Booksies.net closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Buyer account, we’ll no longer display your store page or your E-Book Listings, and your E-Books, including Digital E-Books, will no longer be available for purchase, download, or access by Buyers who haven’t previously purchased, downloaded, or accessed them. If you or Booksies.net deletes, deactivates, or disables (as available), a single E-Book Listing, that E-Book, including Digital E-Books, will not be available for purchase, download, or access by Booksies who have not previously purchased, downloaded, or accessed the E-Book, and the E-Book will no longer be displayed in your store or in search results. If any of the above situations takes place, Booksies will continue to store your E-Book, including any Digital E-Books as applicable, on our servers and will continue to make it available for download, access, or use by Buyers, including Digital Users, who have previously purchased, accessed or used the E-Book, subject to other limitations set forth in these Terms. Booksies will continue to display your communications unless you remove them from the Services before you go. If you do remove them, we’ll no longer display them on our Services, but we may continue to store a copy of them in our databases.
- REPORTING INTELLECTUAL PROPERTY VIOLATIONS
We respect the intellectual property rights of others and expect the same from all of our Booksies. No Booksies may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.
It’s our policy to close the Accounts of Booksies who repeatedly or egregiously violate this policy.
We comply very closely with the Digital Millennium Copyright Act (DMCA) and other laws governing the use of intellectual property. Our Copyright & Trademark Policy explains our policy and process for receiving notification and removing potentially infringing material from our Services. That policy is incorporated as part of these Terms.
- Payment, Marketplace Earnings, & Payouts
|This section provides information on making and receiving payments, our refund policy, and how and when Sellers get paid for the E-Books they sell through our Services.|
- PURCHASING TERMS & REFUNDS
Refund Policy. When you list a E-Book or make a purchase on Booksies.net, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and non-refundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund for any reason by contacting us.
Payment methods and currency. We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account, and Stripe Payment. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
Promise to pay. When you buy something on Booksies.net (including E-Books, Account credit, Memberships, promotional, marketing or other services which may be available to Sellers, and other products or services we may offer), you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that Booksies.net may charge your payment method the amount due, which will be in U.S. Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. Payment for certain purchases by Sellers, such as promotional services, may be collected through a deduction from the Seller’s next Payout, or by credit or debit card if your current unpaid payout amount is not enough to cover the purchase price.
Failure to pay and payment disputes. Failure to pay as promised may result in late fees being charged, E-Books being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your Booksies.net Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased E-Books from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
- MARKETPLACE EARNINGS & PAYOUTS
Marketplace Earnings. For each sale through the Booksies Marketplace, Sellers earn the applicable Marketplace Payout Rate (“Marketplace Earnings”). Marketplace Earnings are reduced by the full amount of any Transaction Fees that apply. Marketplace Earnings together with any other earnings Sellers can receive through our Services are “Total Earnings”. For details, see our Seller Fees and Payout Rates policy. Unless otherwise specified, Total Earnings are paid in bi-weekly payments (“Payouts”) according to the schedule described in this Section.
Payout Account. To issue Payouts, we work with third party companies which process and transfer funds between us and our Sellers (“Payment Services”). To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). You can find a list of supported Payment Services here. If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.
Schedule. We issue Payouts on a bi-weekly basis on the first Monday of every month. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the associated sale(s) or complete the Payout.
Payment Service Fees. Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
- SALES TAX
Except in the case of Marketplace Collection (as defined below), you may have and are responsible for the collection and/or payment of any sales tax (including where applicable, goods and services taxes (GST) or other similar sales, use, or value added taxes) you may owe (collectively “Sales Tax”). Booksies Sellers may have the option to use a third party service integrated with the Services (the “Tax Services”) to enable Sales Tax collection for their Booksies store in jurisdictions where the Seller has designated (through their Account) a Sales Tax obligation.
Seller Obligations. By operating as a Seller on Booksies.net, and whether or not you opt to use the Tax Services, you hereby agree to the following:
- Registration. You represent and warrant that you will use the Tax Services only to calculate and collect Sales Tax in jurisdictions where you are registered to collect Sales Tax.
- Remittance. You represent and warrant that you will remit any collected Sales Tax that Booksies provides to you to the appropriate taxing authorities in accordance with applicable laws. Booksies.net is not responsible for and will not remit Sales Taxes collected, or for any Sales Tax collected in such jurisdictions prior to the date on which Booksies.net first begins Marketplace Collection in such a jurisdiction.
- Product tax codes. You acknowledge and agree that you are responsible for designating the appropriate tax codes for your E-Books. Where Booksies.net has provided a default product tax code designation, you understand that it’s your responsibility to verify that selection (and modify as may be necessary).
- Accurate information. You represent and warrant that the information you provide for the calculation and collection of Sales Tax, including but not limited to your street address, is accurate and up to date.
- No warranties. You acknowledge and agree that Booksies.net is not responsible for and cannot and does not guarantee the accuracy or availability of the Tax Services or any other service you use to calculate or collect taxes or to determine the taxability or non-taxability of any transactions. You further acknowledge and agree that when you access the Tax Services or any other third party tax services through the Services or on the Internet, you do so at your own risk. The Tax Services and other Third Party Services are not under Booksies.net’s control, and you acknowledge that Booksies.net is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or e-Books. You further acknowledge and agree that Booksies.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such services, goods or e-Books available on or through the Tax Services or any other Third Party Services.
- Indemnification. You agree to indemnify, defend, and hold harmless Booksies.net, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings (i) brought by third parties related to your use or misuse of the Tax Services or any other tax services you use in connection with the Services; and (ii) brought by any taxing authority, related to your failure to properly remit any taxes which are owed by you in in connection with your use of the Services.
- Your Privacy
|This section describes how we protect your personal information and how you can report a violation of your privacy.|
- HOSTED CONTENT
We don’t control and aren’t responsible for the Content posted by our Booksies, including any disclosures of personal information by our Booksies. However, it’s important to us that our Booksies respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at support@Booksies.net or by using our Contact Us form for assistance.
|This section describes what happens if Booksies.net gets sued because of something you did. We hope that never happens, but if it does you agree to defend Booksies.net against liability for your actions.|
You agree to indemnify, defend, and hold harmless Booksies.net, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
- Limitation of Liability & Warranty Disclaimer
|We work very hard to provide the best experience possible to every user, but we’re not able to guarantee that things will always work perfectly or that the site will always be available. Booksies.net is offered “as-is” and “as available” without any guarantees.|
Our Services. We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.
Booksies.net is constantly working to improve our Services for all of our marketplace Booksies and Users. We may update or change available functionality at any time. We make no guarantees to Sellers or other Booksies respecting the findability or searchability of any E-Book Listing offered through our Services. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future.
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOKSIES.NET (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT BOOKSIES (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TPT’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO TEACHERS PAY TEACHERS DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
Content. The E-Books and communications on our Services are uploaded or posted by our Booksies/Users. Booksies.net does not produce, approve, post, or upload E-Books or communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Booksies/Users who posted the Content and do not reflect the opinions, or the official policy or position of Booksies.net. Booksies.net makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.
Interactions with other Booksies. You may have the ability to communicate, interact, or otherwise connect with other Booksies through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Booksies or anyone else, and you release Booksies.net from any liability that may arise out of your interactions with another Booksies of our Service.
Third Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by Booksies.net. When you access third party websites, you do so at your own risk. Booksies.net cannot and does not make any representations or warranties about other websites or services.
Third Party Services. The Services may permit you to link to other websites, or use other services or e-Books on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service.
- Changes to these terms
We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you.
The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
- Other Terms
|In this section, you’ll find additional rules for using Booksies.net such as what happens if there is a dispute between you and Booksies.net, and certain modifications for government Users.|
- DISPUTES WITH Booksies.net
In the case of a dispute between you and Booksies.net arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and Booksies.net agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration IN ACCORDANCE with the local arbitration laws. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in these rules. To the extent permitted under local aarbitration laws, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND BOOKSIES.NET EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND BOOKSIES.NET EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in New York County to protect the party’s intellectual property rights pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of Singapore, without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. Booksies.net is located in Singapore. Any dispute subject to Binding Arbitration will take place in Singapore. For any other judicial action that may arise between you and Booksies.net, or for which our Binding Arbitration clause is found not to apply, both you and Booksies agree to submit to the venue and personal jurisdiction of the state and federal courts located in Singapore.
- NO WAIVER
Any failure by Booksies.net to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
- GOVERNMENT AGENCIES & PUBLIC ENTITIES
If you are a federal, state, or local government or government agency in Singapore and are using Booksies.net in your official capacity, the following amendments to these Terms apply:
Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.
Booksies.net will not use your name, seals, trademarks, or the fact that you’re a Booksies of our Services to purposefully state or imply an endorsement of our Services. Booksies.net will use your name, seals, trademarks, and the fact that you’re a Booksies of our Services as necessary in the regular operation of our Services and to deliver our Services to you and to other Booksies.
Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.
- Survival of Terms
|Some parts of this agreement stay in effect even if you decide to stop using Booksies.net or if Booksies.net closes your account.|
The following provisions survive if you cease using our Services or your Account is closed by you or by Booksies.net for any reason:
- Visitors. If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you.
- Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 3.a, and if you’ve posted Content, you’re bound by Section 3.b.
- Rules for Listing E-Books. If you’ve sold E-Books, our rules requiring continued access to your E-Books for Booksies who have previously purchased or downloaded them still apply. This means, if you’re hosting any E-Book content through a third party, access through that third party host must be maintained.
- Rules for Purchasing and Downloading E-Books. After your Account is closed, you have to follow the licensing rules about how you can use E-Books you’ve purchased or downloaded and who you can share them with, our Refund Policy, and our Payment Disputes policy.
- Earnings and Payouts. Any final Payouts due to you are subject to these Terms and will be paid in accordance with Section 4.
- Disputes with Booksies.net. Any legal action that might arise between you and Booksies.net related to your use of Booksies.net is governed by the provisions of Section 10.A of these Terms.
- Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 6 and Section 7). Booksies.net’s warranty disclaimer remains in effect, you can’t hold Booksies liable for losses or damages due to your use of Booksies, and you still have to defend Booksies.net against legal action arising from your use of the Services.
- How to Contact Us
You can reach us by emailing support@Booksies.net, or by submitting a message using our Contact Us form.