Terms & Conditions of Use
This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Bookazine - A Global Distributor ("Bookazine") web site located at [http://www.bzvirtual.com] ("Web Site") and the information and services made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and Bookazine.
2. Acceptance of Terms and Conditions of Use.
Your use of the Web Site
indicates your acceptance of these Terms and Conditions. If you do not accept
these Terms and Conditions, you may not use the Web Site. From time to time
these Terms and Conditions may be revised by updating this document and posting
it on the Web Site. It is your obligation to review these Terms and Conditions
from time to time. Your continued use of the Web Site will constitute your
agreement to the most current version of these Terms and Conditions. If at any
time you do not agree to these Terms and Conditions, you must cease your use of
this Web Site.
3. Termination of Access.
The use of this Web Site and its services is a privilege. Bookazine reserves the right to suspend your use of this Web Site for any reason at any time, in its sole discretion. Questions concerning the use of the Web Site and its services should be directed to firstname.lastname@example.org.
For the purposes of this Agreement, the following definitions apply:
5. Intellectual Property Rights.
- "Content" includes all Text, Graphics, Design and Programming used on the
- "Text" includes all text on every page of the Web Site, whether editorial,
navigational, or instructional.
- ."Graphics" includes all logos, buttons, and other graphical elements on the Web Site, with the exception of paid advertising banners.
- "Design" includes the color combinations and the page layout of the Web Site.
- "User" refers to any individual who uses any aspect of the Web Site or its
- "You" refers to the person accessing the Web Site and agreeing to these Terms and Conditions.
All Content on the Web Site is the sole
property of Bookazine or their respective owners, as indicated, and is
protected by U.S. copyright and international treaties. Bookazine
authorizes you to view and download a single copy of the Content on the Web
Site solely for your personal, noncommercial use. You may not reproduce,
modify, display, sell, or distribute the Content, or use it in any other way
for public or commercial purpose. The foregoing limitations include, but are
not limited to, copying or adapting the HTML code used to generate Web pages on
the Web Site, as well as any Graphics.
The "look" and "feel" of the Web Site (including color combinations, button
shapes, layout, design and all other graphical elements) are also protected by
U.S. copyright law. All product names, names of services, trademarks and
service marks ("Marks") are the property of Bookazine or the property of
their respective owners, as indicated. You may not use the Marks for any
purpose whatsoever other than as permitted by these Terms and Conditions.
6. Acceptable Use of the Web Site.
The Web Site and its services are intended to facilitate the offering for sale of books and products of third parties. The Web Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Web Site. The information displayed on the Web Site may not be used for any purpose except in connection with your direct use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Site is also subject to the following restrictions:
7. Limitations on Information Submitted.
- You may not send unsolicited commercial email to Users. In addition,
spam, chain emails, advertising solicitations and similar email solicitations
are expressly prohibited.
- You may not delete, edit or revise any material posted by any other
person or entity. You may not copy, duplicate, download or otherwise use any
material posted by any other person or entity except for the purposes permitted
by these Terms and Conditions.
- You may not interfere with the proper operation of the Web Site
including, but not limited to, by attacking, hacking into, or otherwise
attempting to penetrate any non-publicly accessible elements of the Web Site,
through the use of bots, Trojan Horses, viruses, DNS attacks, or other
technology which is designed or intended to interfere with the proper operation
of the Web Site or the use of the website by any Users.
Any submission of information to Bookazine through the Web Site is subject to the following guidelines and
8. Monitoring of Information.
- It may not contain URLs or links to any Internet Web sites (To advertise
your company or Web site, contact our Sales department).
- It may not contain copyrighted material (unless you own the copyright or
have the owner's permission to post the copyrighted material).
- It may not contain trade secrets (unless you own them or have the owner's
permission to post them).
- It may not contain material that infringes on the intellectual property
rights of others, including but not limited to, copyright, trademark, patent,
or trade secret rights.
- It may not contain material that is sexually explicit, obscene, libelous,
defamatory, threatening, harassing, abusive, or hateful.
- It may not contain information that is known by you to be untrue, false
or misleading or which does not fairly or accurately depict or describe the
subject matter which is the subject of the information posted by you.
- It may not present information which impersonates another person, whether
living or dead, misstate the identity of any person, or misstate or mislead as
to gender or age.
- You may not solicit money, investments or make any offering of securities
- You may not submit chain letters or pyramid schemes.
- You may not submit opinions or notices, commercial or otherwise.
Bookazine does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, Bookazine may in its discretion review information submitted to the Web Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Web Site for any reason whatsoever.
9. Rights to Information.
User hereby grants to Bookazine an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to the Privacy Guidelines set forth herein.
10. Security Rules.
To ensure the security of the Web Site and of Users, the following security rules govern your use:
- Protect your password. You are responsible for maintaining the
confidentiality of your information and password, and you are responsible for
all uses of your registration, whether or not authorized by you. In the event
you lose your password or become aware of misuse or unauthorized use of your
password, it is your obligation to notify Bookazine. Bookazine shall have
no responsibility for loss or misused passwords or for unauthorized access
occasioned by the foregoing.
- Prohibited Uses:
- accessing data not intended for you or logging into a server or account
which the you are not authorized to access.
- attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
- attempting to interfere with service to any User, host or network,
including, without limitation, via means of submitting a virus to the Web
Site, overloading, "flooding", "mailbombing" or "crashing".
- sending unsolicited e-mail, including promotions and/or advertising of
products or services.
- forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability in
addition to the termination of your access rights. Bookazine will
investigate occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations.
11. Termination of Access to Web Site.
Users who violate these Terms and
Conditions may be denied access to the Web Site at the sole discretion of
12. Disclaimer of Warranties and Limitations of Liability.
Your agreement to the following disclaimers and limitations are a material inducement to Bookazine to permit you to access the Web Site. Your use of the Web Site, and the obligations and liabilities of Bookazine in respect of your use of the Web Site, is expressly limited as follows:
- Conduct of Users. Bookazine assumes no responsibility for the
activities or conduct of Users.
- Third Party Information. The Web Site displays the content, services,
products or hyperlinks of other companies or persons. Notwithstanding the
presentation of any third party information on the Web Site, no such
presentation shall be considered an endorsement, representation or warranty,
either express or implied, by Bookazine on behalf of or any third party. In
addition, Bookazine does not endorse, warrant or otherwise guarantee the
substance of any information posted by Users or third parties on the Web Site
Bookazine shall have no liability or responsibility whatsoever for the
content, subject matter or substance of any information accessed or obtained
from third party Web sites accessed from the Web Site. Access to third party
Web sites from the Web Site is done at your own risk. Bookazine does not
warranty any products purchased through the Web Site or purchased in reliance
on information obtained from the Web Site. Warranties on purchased products,
if any, are provided by the product's manufacturer.
- Accuracy of Information. Bookazine makes no representations or
warranties regarding the truthfulness, accuracy, completeness, timeliness or
reliability of any information submitted by Users, or of any other form of
communication engaged in or information exchanged by Users. Information on the
Website may contain inaccuracies or typographical errors. You acknowledge that
any reliance on information submitted by Users or on any other form of
communication with Users will be at your own risk.
- DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT
ANY WARRANTY WHATSOEVER. Bookazine DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL Bookazine BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS)
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT Bookazine IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH
IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE
PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
THE MAXIMUM LIABILITY OF Bookazine TO YOU FOR ANY TYPE OF DAMAGES SHALL BE
LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS
OFFERED ON THE WEBSITE OR U.S. $100.00.
- Indemnification. You agree to indemnify, defend and hold harmless
Bookazine from and against any and all liability, claims, causes of actions,
damages, costs and expenses, including but not limited to, attorneys fees and
costs of suit, arising out of your breach of these Terms and Conditions.
Please see the Returns Policy.
These Terms and conditions are governed by the internal
substantive laws of the State of New Jersey, without respect to its conflict of
laws principles. Jurisdiction for any claims arising under these Terms and
Conditions shall lie exclusively with the state and federal courts within the
State of New Jersey. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect. The failure
of Bookazine to enforce any term or condition of these Terms and Conditions
shall not be deemed a waiver thereof and shall not prevent its later