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Terms of Service

Updated March 31, 2021

 

This is a plain-language summary (and not a substitute) for the terms below. (i)

 

  • You own your own work. If you have uploaded a book onto our site, you have the right to remove it. If you have left reviews, recommendations or comments as a user, you have a right to delete them.
  • BingeBooks does not sell, rent or swap your personal data.
  • BingeBooks does not use your books or content to create derivative works for sale to the public.
  • We do not track your online activities after you leave our site.
  • You’re not allowed to violate the copyright or intellectual property of any author or user.
  • You’re not permitted to use anything on this site for commercial purposes.
  • If there’s a dispute, you agree to first contact us and attempt to resolve the dispute with us informally and amicably.

 

 

These Terms of Service (“Terms”) govern your access to and use of the BingeBooks™ website at bingebooks.com (the “Site”) and the services (the “Services”) made available by BingeBooks.

By accessing the Site or by using our Services, you acknowledge that you have read, understand and agree to be bound by these Terms and the Privacy Policy that is an inherent part of the Terms, and that you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services or from entering into legally binding agreements with BingeBooks via the Site or our Services.

As a condition of your use of this Site or our Services, you also warrant that all Content (as defined below) supplied by you on the Site or via our Services is true and not defamatory to others. And if you have an account with the Site (“BingeBooks Account”), you will safeguard your BingeBooks Account information and will supervise and be completely responsible for any use of your Account by anyone other than you.

We constantly try to improve our Site and Services, and therefore we may have to change, update or otherwise modify these Terms to appropriately represent our current policies. A notice of changes to these Terms and conditions will appear at the top of this page with the date of the changes.  Any revisions will take effect five days after the posting. You understand and agree that your continued access or use of the Site after such change signifies your acceptance of the updated or modified Terms.

THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. 

 

Who we are 

BingeBooks is a website and service for book lovers built primarily by fiction authors with the help of a team of developers, marketers and veterans of the book world.

In these Terms, “BingeBooks,” the “Company,” “we,” “us,” and “our” mean Authors A.I., Inc., a Delaware corporation, d/b/a BingeBooks (“BingeBooks”), and our affiliates, online services and mobile applications (together with the BingeBooks Site, the “Sites”).

Sections of this Terms of Service

  1. Eligibility
  2. Website content and ownership
  3. Registration and security
  4. Paid services
  5. Audiobooks
  6. Mobile services
  7. Consent to receive email
  8. Links to third-party sites
  9. Copyrights
  10. Rewards programs and contests
  11. Data collection and privacy 
  12. Disclaimers, No warranties 
  13. Indemnification 
  14. Dispute resolution  
  15. Governing Law; Forum selection clause
  16. General provisions
  17. Contact

 

1. Eligibility

You must be 18 (eighteen) years of age or older to register as a member of BingeBooks (“Member”). Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 18 are not permitted to use this website or the Services.

2. Website content and ownership

BingeBooks allows you, Users and other third parties to post or otherwise make available on the Site various materials, including book listings and descriptions, articles, reviews, comments, links, photos, pictures, videos, recordings, and other forms of text, sound or graphics (“Content”). The Content posted or made available by you shall be specifically referred to as the “User Content.” All Users are required to abide by the Site’s Talk Guidelines, Book Recommendation Guidelines and Content Rules as outlined below.

You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You retain the rights to your User Content and you are solely responsible for it. All intellectual property rights in and to the User Content are and shall remain your property.

Notwithstanding the above, you grant BingeBooks a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute User Content on the Site (including sites of a successor entity), mobile application and other third-party websites or applications for the purposes directly or indirectly connected to operating Site or Services now and in the future, including, among others, providing, improving, promoting, developing, or facilitating Services by us and using the Services by you and other Users.

The Parties agree that the provision to "reproduce, repost, modify, create derivative works, and distribute User Content" does not authorize BingeBooks to use your content to create new books, collections, anthologies, or any other Content for sale to the public; it does permit BingeBooks to create thumbnail images of your book covers, to make the uploaded Content easy to access on multiple devices, to reproduce authors' blog posts in a central sitewide blog or "news feed" with full attribution to the creator, and similar standard practices of a modern website and online community.

You understand and agree that BingeBooks may review and delete any content, reviews, photos or profiles (collectively, “Content”) that in the sole judgment of BingeBooks violate this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm or threaten the safety of other Members.

The Site may contain posts, discussion forums, reviews, recommendations, comment threads, galleries or other forums in which you or third parties may post Content, including reviews of Services, business partners’ services and personal experiences. If BingeBooks provides such a platform for User Content, you are solely responsible for your use of such content and you use them at your own risk.

 

Content Rules

In using the Site, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following content rules (“Content Rules”):

  1. Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including BingeBooks;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
  9. User Content or links to content that, in the sole judgment of BingeBooks, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site and Services, or (d) which may expose BingeBooks or its affiliates or its users to any harm or liability of any type.

We may also use the APIs (application programming interfaces) of our affiliated partners on our Site to deliver additional relevant Content to you.  

You acknowledge that the Content appearing on the Site is protected by worldwide copyright laws and other applicable laws and regulations. BingeBooks is either the owner of the Content, including all copyrights and other ownership and intellectual property rights therein, or has been granted the right to use the Content by its owner(s).

Prohibition against commercial use of content

You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any spam or junk email to other Members. Although BingeBooks cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse or harm another person, or to contact, advertise to, solicit or sell to any Member without their prior explicit consent.

You are solely responsible for your interactions with other BingeBooks Members. BingeBooks reserves the right, but has no obligation, to monitor disputes between you and other Members.

The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Content may not be used, copied, reproduced, modified, distributed, posted or transmitted in any manner, other than as specifically provided for herein, without the express prior written permission of BingeBooks in each instance, except under well-established fair use exceptions to U.S. Code Title 17. You cannot use the Content for your commercial purpose or in connection with the products or services of a competitor of BingeBooks. Any use of the Content by you must be in accordance with all applicable national, foreign or local laws, statutes, rules and regulations.

BingeBooks is not liable for any statements, representations or Content provided by its users on the Site or on social media. BingeBooks takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BingeBooks liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any Content (including User Content) posted or stored on the Site or Services or, to the extent possible on our social media profiles, at any time and for any reason, or to have such actions performed by third parties on our behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site or on our Services at your sole cost and expense.

Any use of the Content in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Site and our Services.

All intellectual property rights in and to the Software, Site and Services and other BingeBooks IP are and shall remain the sole property of BingeBooks and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other BingeBooks IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Software and the Service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, BingeBooks and its affiliates and licensors, as applicable, and that the Software and Services constitute Confidential Information of BingeBooks.

You may from time to time provide BingeBooks with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Software, the Site and/or any of BingeBooks’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. Feedback shall be exclusively owned by BingeBooks, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result BingeBooks shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you or any other person or entity.

Oversight

BingeBooks shall have the right, but not the obligation, to monitor the content of our Site and Service, including any forums, boards or chat rooms, to determine compliance with these Terms of Services and any operating rules established by BingeBooks and to satisfy any law, regulation or authorized government request. BingeBooks shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site or Service. Without limiting the foregoing, BingeBooks shall have the right to remove any material that BingeBooks in its sole discretion, finds to be in violation of the provisions hereof, including but not limited to the Content Rules, or content which is otherwise objectionable. Although BingeBooks reserves the right to remove, without notice, any posting for any reason, BingeBooks has no obligation to delete submissions that you may find objectionable or offensive.

3. Registration and security

By registering on the Site or for any of our Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide BingeBooks with accurate and complete registration information and to promptly notify BingeBooks in the event of any changes to any such information. 

You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform BingeBooks if there is any reason to believe that a user ID, password or any other security device issued by BingeBooks has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. BingeBooks reserves the right at its sole discretion to request that you change your password(s) in connection with the Services. 

You are solely responsible for all activity in connection with access to the Site or Services through your account or using your password, and for the security of your computer systems, and in no event shall BingeBooks be liable for any loss or damages relating to such activity.

4. Paid services

Upon registering for our paid Services, you will be required to designate a valid payment method. You hereby authorize BingeBooks to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions. All payments are final, and you enter into all subscriptions or memberships with the understanding that no refunds will be given.  

BingeBooks reserves the right to revise its Fees, including by increasing or adding new Fees, at any time with ten (10) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by BingeBooks in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the “View cancellation instructions” link below.

Termination 

Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all content in your account(s) will be deleted. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.

5. Audiobooks

Your use of BingeBooks’ Audiobooks service is subject to the rules of the service set out herein, which we may update from time to time on our Site. Your continued use of the Audiobooks service constitutes acceptance of the rules.

Audiobook Users may purchase, download and listen to a choice of authorized Audiobooks from a catalog of Digital Content as specified by the site. The Digital Content available to Audiobook listeners will vary and BingeBooks makes no guarantees about the availability of such Digital Content.

The fees for Audiobook purchases or subscriptions will be stated at the time of your transaction and outlined in our FAQ pages. Purchases may be subject to tax and are non-refundable except in the specific circumstances described in these Terms.

Audiobook credits, if any, are redeemable only for audiobook content. These credits have no cash value and are non-transferable. All credits are valid while the customer is a BingeBooks Member.

 

6. Mobile services

The Site, Platform, and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that BingeBooks may communicate with you regarding BingeBooks and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.

7. Consent to receive email

For users located outside of the European Economic Area (EEA): Your registration to use the Site and/or Services constitutes your consent to receive email communications from BingeBooks, including messages regarding customer service issues and other matters. You may also opt to sign up for newsletter subscriptions. At any time you may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, by following the link included in the email messages.

For users located in the European Economic Area (EEA): We send marketing communications to users located in the European Economic Area (EEA) only with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within BingeBooks emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.

8. Links to third-party sites

The Site and Services may contain hyperlinks to websites operated by parties other than BingeBooks. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on BingeBooks to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

9. Copyrights

BingeBooks is a community for both readers and authors. Authors on the Site are expected to abide by the same Talk Guidelines and Content Rules, outlined above, that apply to Users.

Authors should not upload their full manuscripts to BingeBooks. BingeBooks is an editorial platform that enables readers to discover, sample and purchase your book from third-party retailers. BingeBooks makes no ownership claim over any aspect of authors’ works. We do encourage you to upload samples of your story that Users can read but are prohibited from downloading. If an author posts original content on BingeBooks, such as blog articles, photos, reviews or comments, author warrants that he or she has the right to do so and has not violated any law or agreement in doing so.

All literary works on the Service (“Digital Content”) are the exclusive property of the author, the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of and access to any Digital Content is available only to Members and is intended only for such Members’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Members and Visitors may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the User hereby acknowledges and agrees to these terms.

BingeBooks displays photos, videos and other material from users, freelance writers and other third parties. All of these individuals, businesses and organizations retain their copyright to their works, and BingeBooks makes no claim over such works unless so stated in a contract with said party.

BingeBooks respects the intellectual property rights of others, and we expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to quickly remove infringing material brought to our attention and to disable and/or terminate the BingeBooks Accounts of Users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.

DMCA notices

In accordance with the Digital Millennium Copyright Act of 1998, BingeBooks will respond expeditiously to claims of copyright infringement committed using the Site or Application that are reported to the email address indicated below. We have a registered DMCA Agent under our corporate name, Authors A.I., Inc.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Application by sending us a notice of alleged infringement. Upon receipt of the notice as described below, BingeBooks will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.

In order for us to review your notice, it has to:

  1. Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by the notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the notice:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.
    “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

 

Deliver the notice, with all items completed, to the following address:

Copyright Agent
Authors A.I.
1622 Stevens Ave.
Orlando, FL 32806
Telephone 1-925-600-7641 (U.S. country code 1)
Email: [email protected]

DMCA counter-notices

If you receive a notification that BingeBooks has removed your work from its Site or Sites because of a copyright notice filed by another party, and if you believe the material was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy of that notice to the party who filed the original complaint. If we do not receive notice within ten (10) business days that the party who submitted the original complaint is seeking a court order to prevent further infringement of the disputed content, we will remove the complaint from your account’s record, and we may replace the content that was removed.

There are legal and financial consequences for fraudulent and/or bad faith submissions. Before you submit a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error.

Follow these steps to file a DMCA counter-notice:

  1. Email your counter-notice to [email protected]
  2. Include ALL of the following:
    • Your name, address, and telephone number.
    • DMCA ID (from the takedown notice) printed at the bottom of the notification email.
    • The source address of the content that was removed (copy and paste the link in the notification email).
    • A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
    • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which BingeBooks may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent for that person.
    • A physical or electronic signature (for example, typing your full name).

10. Rewards programs and contests

From time to time, BingeBooks may post Rewards programs, Loyalty programs or Contests (“Rewards Programs”) with various names for the general public to join or participate in. You must be 18 years or older to join or participate.

Such Programs may involve earning points or free amenities in return for membership or in return for an exchange of services with BingeBooks BingeBooks may partner with outside third-party services in order to provide said benefits to members.

These rules (the “Program Rules”) govern the Rewards Programs and the Company’s relationships with members of either Rewards Program (“Members,” individually, a “Member” or “you”). Membership in the Rewards Programs is subject to the Program Rules set forth below, and these Program Rules apply universally to all Rewards Programs overseen or operated by BingeBooks unless specifically indicated otherwise. By opening an account or joining such Rewards Program, you that:

(a) You have read, understood and accepted these Program Rules; and

(b) You consent to BingeBooks’s processing of data that is personal to you, and disclosure of such data to third parties, in accordance with BingeBooks’s privacy statement.

The Program Rules are set forth as follows:

  1. When you enroll in a Program, you may be granted an upgraded status and may receive certain membership benefits: You qualify to collect points, credits or virtual dollars that can be redeemed for real-world benefits. BingeBooks makes no warranty about fulfillment or services provided or not provided by such third-party entities. BingeBooks reserves the right to remove individuals as participants in the Program or Programs.
  2. Members admitted to the Program may receive communications from BingeBooks pertaining to the Program, to third-party sites or to other offerings from BingeBooks or BingeBooks’s partners. Members of each Rewards Program may earn different Membership levels, points or credits, depending on the nature of their subscriptions and subsequent actions on the BingeBooks website or partner websites.
  3. After applying to the Rewards Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Rewards Program points or credits. Members may redeem accumulated points or credits at any time. 
  4. The accumulation of points and credits is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”).
  5. Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies and procedures that BingeBooks may, in its discretion, adopt from time to time. BingeBooks may amend the Program Rules at any time without notice. BingeBooks has the sole discretion to interpret and apply the Program Rules.
  6. Points are not transferable between Members.
  7. The Rewards structure is subject to modification, cancellation, or limitation at the Company’s discretion, with or without notice. The number of points or credits required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.
  8. BingeBooks and its partners have the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of points or credits, or the ability to obtain certain Rewards. BingeBooks and its partners may, among other things: a) increase or decrease the number of points or credits received; b) withdraw, limit, modify or cancel any Reward; c) change program benefits, locations served by BingeBooks or its partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting points or credits, or rules governing the use of Rewards; d) change or cancel its partner Rewards. In accumulating points or credits, Members may not rely upon the continued availability of any Reward or Reward level or category.
  9. Additionally, BingeBooks has the right to terminate the Rewards Program by providing written notice (including online or email notifications) to its Members one month in advance of Rewards Program termination. In that event, the right to earn points and credits and redeem Rewards may end one month after notification, no matter the extent of Member participation in the Rewards Program. BingeBooks may terminate the Rewards Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
  10. POINTS EXPIRATION POLICY: Members must remain active in the Rewards Programs to retain points they accumulate. Notification (by email or other electronic communication) will be provided at least seven days in advance before a Member’s Account is suspended. Once points have been forfeited, the points cannot be reinstated, but a Member can earn new points, unless that Member’s account is deactivated too.
  11. BingeBooks reserves the right to reject applications for Membership, to revoke, cancel or suspend any Membership, Reward and/or any and all unredeemed points or credits, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if BingeBooks believes: (a) the Member has (1) violated any of the Program Rules, (2) failed to pay any bills or accounts due to BingeBooks or a participating third-party partner, (3) acted in a manner inconsistent with applicable law, regulations or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving point credits, Reward use, or Member benefits, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, BingeBooks, its employees or partners; or (b) BingeBooks‘s provision of the Rewards Program and/or any associated benefits (including but not limited to points or credits) to Member may violate any applicable laws to which BingeBooks is subject from time to time.
  12. Nothing in these Program Rules will limit BingeBooks from exercising any legal rights or remedies that it may have.
  13. VOID WHERE PROHIBITED: Membership in the Rewards Program, the awarding of points and credits and the redemption of Rewards Program Certificates are automatically void where prohibited by applicable law.
  14. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions (“access codes”) of partner websites. The content contained in such restricted areas is confidential to said partner, and is provided to the Member for his or her personal use only. BingeBooks reserves the right to prohibit the use of such access codes by the Member or on his or her behalf by third parties where BingeBooks determines that such use interferes with the websites’ operation or results in commercial benefits for other entities to BingeBooks’s detriment.
  15. These are the complete Program Rules applicable to Members who earn points or credits. BingeBooks has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by BingeBooks in its sole discretion.

11. Data Collection and Privacy

BingeBooks does not collect personally identifiable information (“Personal Information”) from you except to the extent you have explicitly given such information to BingeBooks. We will not track your online purchases or online activity after you leave our Site.

BingeBooks’s information practices are further described in its privacy policy, which is available at: bingebooks.com/privacy (the “Privacy Policy”). The Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference, and by entering into this Agreement you agree to (i) accept and abide by all of the terms of the Privacy Policy, and (ii) BingeBooks’s use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.

BingeBooks may from time to time update or revise the Privacy Policy. If BingeBooks updates or revises the Privacy Policy, BingeBooks will notify you either by email to your most recently provided email address, by posting the updated or revised Privacy Policy on the Site or by any other manner chosen by BingeBooks in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with the Privacy Policy as updated or revised.

In addition, BingeBooks may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, BingeBooks may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.

12. Disclaimers, No Warranties

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS BINGEBOOKS’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE, APPLICATION OR SERVICES.

SITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SITE, APPLICATION AND SERVICES.

ALL SERVICES, INFORMATION, SOFTWARE, PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BINGEBOOKS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, APPLICATION, THEIR SERVERS OR ANY EMAIL OR MESSAGE SENT FROM BINGEBOOKS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BINGEBOOKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL BINGEBOOKS (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE OR APPLICATION INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE OR APPLICATION; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE OR APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BINGEBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS A USER OF THIS SITE OR APPLICATION, YOU UNDERSTAND AND AGREE THAT: NEITHER BINGEBOOKS NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR BINGEBOOKS ACCOUNT; AND THE UNAUTHORIZED USE OF YOUR PASSWORD OR BINGEBOOKS ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH BINGEBOOKS AND OTHER USERS.

If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Site, Application or Services, then our liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to BingeBooks for the transaction(s) on this Site giving rise to the particular claim, or (b) One Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BingeBooks.

13. Indemnification

You agree to defend, release, hold harmless, and indemnify BingeBooks and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (i) your use or misuse of the Sites or Services; (ii) your breach of these Terms or the documents referenced herein; (iii) your violation of any applicable law; or (iv) your violation of the rights of a third party, including but not limited to any intellectual property rights such as copyrights or trademarks.

14. Dispute Resolution

Waiver of Jury Trial

EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL.

Arbitration

For any dispute you have with BingeBooks, you agree to first contact us and attempt to resolve the dispute with us informally and amicably. If BingeBooks has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and BingeBooks agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

Waiver of Class Action Status

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BINGEBOOKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15. Governing Law; Forum Selection Clause

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction. If for any reason a claim cannot proceed in arbitration as per Section IX of these Terms, each Party agrees to submit to the personal jurisdiction of a state court located in the United States District Court for the Northern District of Florida and hereby irrevocably waives any objection to the laying of jurisdiction or venue including for inconvenient forum therein.

16. General Provisions

You understand that acceptance of these terms is legally binding. By accepting these terms, you are joining into a binding, legal contract that is valid and enforceable within a court of law.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BingeBooks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement; Severability

These Terms, together with the Privacy Policy and any subsequent amendments to their provisions shall constitute the entire agreement between you and BingeBooks concerning the Site and our Services. If any provision of these Terms or Privacy Policy is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Construction And Interpretation

The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word “including” shall mean including without limitation. “Person” means any natural person, corporation, general partnership, limited partnership, limited liability company or partnership, proprietorship, other business organization, trust, union, association or governmental or regulatory entities, department, agency or authority. Section headings are provided for convenience purposes only and shall not affect the meaning or construction of the substantive provisions contained herein. Pronouns shall be construed to refer to the masculine, feminine, and neutral and to the singular or plural as context requires.

17. Contact

To contact us with questions or comments, please use the following:

General inquiries: [email protected]
Legal inquiries: [email protected]

Via mail:

BingeBooks
1622 Stevens Ave.
Orlando, FL 32806

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