GoBooks.co.in TERMS OF USE |
Welcome
to www.GoBooks.co.in.com (the "Site"). Please read the following Terms of Use
("Terms") carefully before using this Site so that you ("You" or
"Your") are aware of Your legal rights and obligations with respect to
GoBooks.co.in Ltd., its affiliates and subsidiaries (individually and
collectively, "GoBooks.co.in" or "We").
We reserve the right, at our
discretion, to modify these Terms at any time. Please check these Terms
periodically for changes. Your continued use of this Site following the
posting of changes to these Terms will mean You accept those changes. |
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| 1. Your Acceptance |
| By
using or visiting this Site (together with all Content (as defined
below)) You signify Your assent to (1) these Terms of Use, (2) GoBooks.co.in'
privacy policy at Privacy.html.
These Terms apply to all users of the Site. If you do not agree to
these Terms or the Privacy Policy then please do not use the Site. |
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| 2. Ability to Accept Terms of Use |
| You
affirm that You are either more than 18 years of age or possess legal
parental or guardian consent to enter into these Terms, and to comply
with these Terms. In any case, You affirm that You are over the age of
13, as the Site is not intended for children under 13. If You
are under 13 years of age, then please do not use the Site-there are
lots of other great web sites for You. Talk to Your parents about what
sites are appropriate for You. |
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| 3. Website Access |
GoBooks.co.in
hereby grants You permission to use the Site, provided that: (i) Your
use of the Site is solely for Your personal use; (ii) You will not
copy, distribute or modify any part of the Site without GoBooks.co.in’ prior
written authorization; (iii) You will not send unsolicited or
unauthorized advertisements, spam, chain letters, etc., (iv) You will
not transmit any content which contains software viruses, or other
harmful computer code, files or programs; (v) You will not disrupt
servers or networks connected to the Site; and (vi) You comply with
these Terms.
You agree not to use or launch any
automated system, including without limitation, "robots," "spiders,"
and "offline readers," that accesses the Site in a manner that sends
more request messages to the GoBooks.co.in servers in a given period of time
than a human can reasonably produce in the same period by using a
conventional on-line web browser. GoBooks.co.in reserves the right to revoke
these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information,
including account names or e-mail addresses, from the Site, nor to use
the communication systems provided by the Site for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Site with respect to their User Submissions
(as defined below). |
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| 4. Limitation of Liability and Warranty |
EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
GoBooks.co.in, THE CONTENT AND SERVICES (AS SUCH TERMS DEFINED BELOW) ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTY
OF NON-INFRINGEMENT. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE
THAT THE SERVICE AND THE CONTENT WILL FUNCTION AS CLAIMED, GoBooks.co.in DOES
NOT GUARANTEE THAT THE SITE, SERVICE OR THE CONTENT WILL PROVIDE
UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND
THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SERVICE WILL
OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR
OTHER REASONS. YOU ARE SOLELY RESPONSIBLE FOR KEEPING BACKUPS OF ANY
USER SUBMISSION YOU UPLOAD ON GoBooks.co.in’ FOLDERS. IN ADDITION, YOU AGREE
THAT GoBooks.co.in WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS
USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW
CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS,
ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT GoBooks.co.in SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
GoBooks.co.in DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR
SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR
ADVERTISED ON THE GoBooks.co.in SERVICE.
YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER GoBooks.co.in USERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE’S SERVICE, YOU
AGREE THAT GoBooks.co.in IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT
OF OR CONNECTED WITH SUCH A DISPUTE. GoBooks.co.in RESERVES THE RIGHT, BUT HAS
NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS,
ARISING OUT OF THEIR USE OF THE SITE’S SERVICES.
UNDER NO CIRCUMSTANCES SHALL GoBooks.co.in, ITS AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY
LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE CONTENT, SERVICE OR THE SITE EVEN IF GoBooks.co.in HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
GoBooks.co.in’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT, DUE TO NEGLIGENCE OR OTHERWISE)
EXCEED (INR)Rs.50.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
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| 5. Code of Conduct |
A.
The Site may permit the submission of Content by You and other users
("User Submissions") and the hosting, sharing and publishing of such
User Submissions. You understand that, whether or not such User
Submissions are published, You alone are legally responsible for Your
User Submission.
B. You agree that You will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights,
unless You are the owner of such rights or have permission from their
rightful owner to post the User Submission and to grant GoBooks.co.in all of
the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage GoBooks.co.in or any third party; (iii)
submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, contains worms or viruses or any
code of a destructive nature, violate any law, or is otherwise
objectionable as reasonably determined by GoBooks.co.in; or (iv) impersonate
another person. GoBooks.co.in does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and GoBooks.co.in
expressly disclaims any and all liability in connection with User
Submissions.
C. You understand that when using the Site, You will be exposed to User
Submissions from a variety of sources, and that GoBooks.co.in is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You may be
exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and You agree to waive, and hereby do waive, any
legal or equitable rights or remedies You may have against GoBooks.co.in with
respect thereto, and agree to indemnify and hold GoBooks.co.in, its owners,
affiliates, employees, agents and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to Your use of the
Site.
D. You agree that You will use the Service in compliance with all
applicable local, state, national, and international laws, rules and
regulations, including any laws regarding the transmission of technical
data exported from Your country of residence. You agree that You will
not prevent others from using the Service or use the Service for any
fraudulent or inappropriate purpose: this includes but is not limited
to modifying, adapting or hacking the Site or creating, adapting or
modifying another website so as to falsely imply that it has any
connection with the Site.
Failure to comply with any of the foregoing stipulations may result in
immediate termination of these Terms, and may subject you to state and
federal penalties and other legal consequences.
GoBooks.co.in reserves the right, but shall have no obligation, to investigate
Your use of the Service in order to determine whether a violation of
these Term has occurred or to comply with any applicable law,
regulation, legal process, or governmental request. |
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| 6. Security |
| In
order to obtain some services of the Site (including the marketplace
services in which You can sell or buy products, saving a Social DNA
questionnaire, or uploading User Submission on the Site) ("Services”),
You may need to create an account. You may never use another person's
account without his permission. When creating Your account, You must
provide accurate and complete information. You are solely responsible
for keeping Your account password secure, and You are solely
responsible for any activity that occurs under Your user name. You must
notify GoBooks.co.in immediately of any breach of security or unauthorized use
of Your account. You will be liable for any use made of Your account or
password and the losses of GoBooks.co.in or others due to such unauthorized
use. GoBooks.co.in will not be liable for Your losses caused by any
unauthorized use of Your account. |
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| 7. Links |
| The
Site may contain links to third party websites that are not owned or
controlled by GoBooks.co.in. GoBooks.co.in is not affiliated with those websites, has
no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In
addition, GoBooks.co.in will not and cannot censor or edit the content of any
third-party site. By using the Site, You expressly release GoBooks.co.in from
any and all liability arising from Your use of any third-party website.
Accordingly, We encourage You to be aware when You have left the Site
and to read the terms and conditions and privacy policy of each other
website that You visit. |
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| 8. Copyright |
You
must either own or have a license to use any copyrighted material that
You upload or post to the GoBooks.co.in Service. You must have written
permission to use the name or picture of any person mentioned in the
User Submission You upload to the Site.
You are solely
responsible for complying with copyright laws. You may want to take a
look at the United States Copyright Office website for information
about copyright compliance in the United States: http://www.copyright.gov/circs/circ1.html.
You retain ownership of all rights in Your User Submission.
However, by submitting the User Submissions to GoBooks.co.in You hereby grant GoBooks.co.in the following worldwide,
non-exclusive, royalty-free license(s) as applicable: |
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With respect to the ebooks you submit, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such User Submission solely for the purpose for which
such User Submission was submitted or made available. This license
exists as long as We
remove such User Submission from the Site.
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"Publicly
accessible" areas of the Site are those areas that are intended by
GoBooks.co.in to be available to the general public. However, publicly
accessible areas of the Site would not include areas that are limited
to certain members.
You may terminate the license by requesting GoBooks.co.in to remove the User Submission from the Site.
We reserve the right, at our sole discretion, to delete any uploaded
material that in our opinion contravenes copyright or other laws.
Repeated misuse will result in termination of Your use of the GoBooks.co.in
Service. |
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| 9. Notice of Claims of Copyright Infringement |
It
is the policy of GoBooks.co.in to respect the legitimate rights of copyright
and other intellectual property owners under the Digital
Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"). Please be advised that we
enforce a policy that provides for the termination in appropriate
circumstances of subscribers who are repeat infringers.
If You
believe that Your work has been copied in a way that constitutes
copyright infringement or that Your intellectual property rights have
been otherwise violated, please provide GoBooks.co.in with
the following information in accordance with the DMCA: |
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An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
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a description of where the material that You claim is infringing is
located on the GoBooks.co.in Site, with enough detail that We may find it on
our Site; providing URLs in the body of an email is the best way to
help us locate content quickly;
- Your address, telephone number, and email address;
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a statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner,
its agent, or the law; and
- a statement by You, made
under penalty of perjury, that the above information in Your notice is
accurate and that You are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property owner's
behalf.
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GoBooks.co.in for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Email: admin AT gobooks.co.in
Please also note that under Section 512(f) any person who knowingly
materially misrepresents that material or activity is infringing may be
subject to liability. |
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| Counter-Notification |
If
you believe that the material you posted was removed by mistake, and
that you have the right to post the material, you may elect to send us
a counter notice. To be effective the counter-notification must be an email communication that includes
substantially the following (please consult your legal counsel or see
17 U.S.C. Section 512(g)(3) to confirm these requirements):
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- A physical or electronic signature of the subscriber.
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Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared
before it was removed or access to it was disabled. Providing URLs in
the body of an email is the best way to help us locate content quickly.
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A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number,
and a statement that the subscriber consents to the jurisdiction of
Federal District Court for the judicial district in which the address
is located, or if the subscriber's address is outside of the United
States, for any judicial district in which the service provider may be
found, and that the subscriber will accept service of process from the
person who provided notification of infringement or an agent of such
person.
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Such an email notice should be sent at the following address:
Email: admin AT gobooks.co.in
Please
note that under Section 512(f) of the Copyright Act, any person who
knowingly materially misrepresents that material or activity was
removed or disabled by mistake or misidentification may be subject to
liability. |
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| 10. Disclosure. |
| GoBooks.co.in
reserves the right to access, read, preserve, and disclose any User
Submission or any other information as it reasonably believes is
necessary to (a) satisfy any applicable law, regulation, legal process
or governmental request, (b) enforce these Terms, including
investigation of potential violations of it, (c) detect, prevent, or
otherwise address fraud, security or technical issues (d) respond to
user support requests, or (e) protect the rights, property or safety of
GoBooks.co.in, its users and the public. |
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| 11. Intellectual Property Rights: |
The
content which is publicly displayed on the Site, including with
limitations, User Submissions, the text, Services, software, scripts,
graphics, photos, sounds, interactive features and any other content on
the Site ("Content") and the trademarks, service marks and logos
contained therein, are owned by or licensed to GoBooks.co.in. Content on the
Site is provided to You "AS IS”. You may view or download the Content
for Your personal use only and may not be used, copied, distributed,
transmitted, broadcast, displayed, sold, licensed, de-compiled, or
otherwise exploited for any other purposes whatsoever without GoBooks.co.in’
prior written consent. GoBooks.co.in reserves all rights not expressly granted
in and to the Site. You agree not to circumvent, disable or otherwise
interfere with security-related features of the Site or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the Site.
You acknowledge that
GoBooks.co.in owns all right, title and interest in and to the Service,
including without limitation all intellectual property rights (the
"GoBooks.co.in Rights"), and such GoBooks.co.in Rights are protected by U.S. and
international intellectual property laws. Accordingly, You agree that
You will not copy, reproduce, alter, modify, or create derivative works
from the Service.
"GoBooks.co.in”, the GoBooks.co.in logo, and other marks are trademarks and/or
service marks of GoBooks.co.in or its affiliates. All other trademarks,
service marks, and logos used on our Site are the trademarks, service
marks, or logos of their respective owners. |
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| 12. Advertisements |
You
understand and agree that GoBooks.co.in may display advertisements and/or
other information adjacent to and related to the User Submission that
You upload.
GoBooks.co.in serves relevant
ads using a completely automated process. |
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| 13. Account Inactivity |
| GoBooks.co.in
reserves the right to close or disable and or delete a user's account
if the user has not signed in to the account for 90
days. GoBooks.co.in will notify the user by email of this impending action 15
business days before closing or disabling the account. |
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| 14. Termination and Cancellation: |
You
may cancel Your use of the Services and/or terminate these Terms with
or without cause at any time by providing notice to GoBooks.co.in. This notice
must be given by mailing a termination notice titled "GoBooks.co.in agreement
termination” to GoBooks.co.in support team at admin AT gobooks.co.in. You must
mention in such e-mail your e-mail address and the password of your
account. A terminated account may continue to exist for up to 14
business days from receipt of notice before such cancellation takes
effect.
GoBooks.co.in may at any time and for any reason terminate or
suspend the Services, terminate these Terms, suspend or terminate Your
account or take technical and legal steps to keep users off the Site.
In the event of termination or suspension, Your account will be
disabled and You may not be granted access to Your account or any
content contained in it, although residual copies of such content may
remain in our system.
Sections 4, 5, 9, 10, 11, 14, 15 and 17 of these Terms as well
as any rights, obligations and duties which by their nature extend
beyond the expiration or termination of these Terms ought to survive
any expiration or termination of these Terms. |
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| 15. Indemnification |
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You agree to hold harmless and indemnify GoBooks.co.in, and its subsidiaries,
affiliates, officers, agents, and employees from and against any and
all claims, damages, obligations, losses, liabilities, costs and
expenses (including but not limited to attorney's fees) arising from:
(i) Your use of the Site and/or Services; (ii) Your violation of these
Terms; (iii) Your violation of any third party right, including without
limitation any copyright, property, publicity or privacy right; or (iv)
any claim that one of Your User Submissions caused damage to a third
party. |
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16. Fees and Services.
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Currently using the GoBooks.co.in’ for uploading, downloading ebooks is for free.
We reserve the right to change this policy in
the future. If We change our fee policy We will give You at least
fourteen (14) calendar days' notice by posting the changes on the Site.
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17. General |
| These
Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by You, but may be assigned by GoBooks.co.in without
restriction. These Terms, the Privacy Policy and the relationship
between You and GoBooks.co.in are governed by and construed in accordance with
the laws of the State of New York, without giving effect to its
conflict of laws provisions, or Your actual state or country of
residence. Any claims, legal proceeding or litigation arising in
connection with the Service will be brought solely in New York City,
New York, and You consent to the jurisdiction of such courts. These
Terms, together with the Privacy Policy and any other legal notices
published by GoBooks.co.in on the Site, shall constitute the entire agreement
between You and GoBooks.co.in concerning the Site. If any provision of these
Terms is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms, which shall remain in full force
and effect. No waiver of any term of these Terms shall be deemed a
further or continuing waiver of such term or any other term, and a
party's failure to assert any right or provision under these Terms
shall not constitute a waiver of such right or provision. |
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| Last modified: December 20, 2007 |
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