Terms and Conditions
Set out below are the terms and conditions on which you agree to engage in the activities of the Website including:
- Browsing the Website;
- Contributing Material to the Website;
- Using any features or participating in any activities of the Website.
By registering and\or participating in the activities of the Website, you accept these terms and conditions.
You acknowledge that these terms and conditions constitute a legally enforceable contract between eBooks.com Online Reader and you. If you do not accept these terms and conditions, you must not register or participate in the activities of the Website.
Introduction
The Website is a social networking site devoted to books, readers and authors. eBooks.com Online Reader provides the platform and tools for the Website but the contents of the Website are contributed by members. You acknowledge that as a member and user of the Website it is your responsibility to ensure that the Material contributed by you is appropriate and complies with the following terms and conditions.
Definitions
- The following words and phrases have the meanings given to them in these terms and conditions:
- eBooks.com Online Reader means Ebooks.com Ltd (ACN 079 960 679) trading as eBooks.com Online Reader.
- Website means the website having the domain name www.ebooks.com or such other domain name as may be advised by eBooks.com Online Reader in the future.
- You mean the person who is registering as a member under these terms and conditions.
- Copyright Act means the Australian Copyright Act 1968 (Cth).
- Material means any material posted by you on the Website including any chatroom content, blog, comment, written material, ratings or any other subject matter posted by you on the Website.
- Ratings System means the rating system features of the Website which enable users to provide ratings and comment on the content of the Website and the conduct and reliability of other users.
- Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.
Your registration
- On registering to use the Website, you warrant and represent that:
- The information you provide to eBooks.com Online Reader is true, complete, accurate and up to date.
- You are at least 18 years old.
- You must not:
- Register if you are less than 18 years old.
- Allow any other person to use your registration to access or use the Website.
- Divulge your password or other registration information to any other person.
- You must immediately notify eBooks.com Online Reader of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and will indemnify eBooks.com Online Reader for any loss or damage suffered as a result of such Material.
- eBooks.com Online Reader may at any time terminate or suspend your registration at its absolute discretion.
Fees
- At present, there is no cost to register as a member or user of the Website. Should eBooks.com Online Reader introduce any fees or charges at any time in the future, eBooks.com Online Reader will notify you and seek your agreement before any fees are charged.
Copyright
- You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.
- You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright. Without limiting the above, you must not (except where expressly permitted by these terms and conditions or where permitted by the fair use provisions in the Copyright Act):
- Copy or publish any content or work or other subject matter contributed by any other person.
- Download any content or work or other subject matter.
- Send a copy of any content or work or other subject matter to any other person.
- Communicate any content or work or other subject matter contributed by any other person.
- Sell, let or hire, or offer for sale, let or hire, or distribute any article which is an infringing copy of any content or work or other subject matter contributed by any other person.
- Make any commercial use of any content or work or other subject matter.
- You may store and display content on your own computer and make a single hard copy of a reasonable number of individual pages for your own personal use. By placing Material on the Website, you grant a licence to other users to store and display your Material on the user's computer and to make a single hard copy for the user's own personal use.
- In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person. You must not contribute Material which will result in an infringement of copyright or other intellectual property rights.
- You warrant and represent to eBooks.com Online Reader that:
- Subject to (c) below, you are the sole owner of copyright in all Material posted on the Website.
- Subject to (c) below, you are the sole author of all Material posted on the Website.
- Where the Material is a work of joint authorship and\or there are joint owners of copyright, you are a joint author and\or joint owner of copyright and all other joint authors and joint owners of copyright have agreed to you making the Material available on the Website;
- The making of any Material and its inclusion on the Website will not infringe the copyright or other intellectual property rights of any other person.
- You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the making of the Material or its inclusion on the Website.
- You have not entered into any agreement with any other person which is inconsistent with these terms and conditions.
- Subject to (h), you are entitled to be named as the author of any Material and you being named as author will not infringe the moral rights or any other rights of any other person.
- Where the Material is a work of joint authorship, you are entitled to be named as a joint author of the Material and you have identified all other joint authors and the moral rights of any other person are not infringed.
- By making Material available on the Website, you grant to eBooks.com Online Reader a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to store and copy the Material as permitted by these terms and conditions.
Intellectual property
- eBooks.com Online Reader retains all intellectual property rights in relation to the Website including the content of the Website provided by eBooks.com Online Reader and all trade marks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or other name or indicia belonging to eBooks.com Online Reader.
Restrictions on Material
- You must not post or attempt to post any Material on the Website which contains any material or content which:
- is defamatory;
- is abusive, threatening or offensive;
- is obscene;
- is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;
- is maliciously false or which falsely denigrates any person, product or services;
- breaches any obligation of confidence owed to any person;
- is misleading or deceptive;
- involves the use of a trade mark, name or indicia which is not owned by you;
- amounts to harassment, stalking or similar conduct;
- would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;
- involves the sale or promotion of commercial products, surveys, contests or advertising;
- is otherwise unlawful or which may give rise to legal action against you.
- In contributing Material or using the Website, you must not:
- attempt to impersonate any person;
- state or imply that you represent any person, company or other entity when this is not the case;
- attempt to alter or edit any material or content posted by another person or other content of the Website;
- engage in any conduct which is illegal under any law;
- engage in spamming or other conduct involving the sending of unsolicited emails;
- solicit for business by placing advertising or other Material or other content on the Website (except where expressly permitted by eBooks.com Online Reader);
- do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website;
- use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website (except where permitted by eBooks.com Online Reader);
- engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;
- attempt to access any person’s personal information held by eBooks.com Online Reader;
- attempt to disable, circumvent or otherwise interfere with the security features of the Website, including any Digital Rights Management features of the Website;
- place any link on the Website or other means by which users of the Website can access other websites;
- unfairly denigrate the Website or any activities engaged in by any users of the Website;
- Place any advertisement or unauthorised material on the Website.
- You acknowledge that the material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such material are not made or provided by eBooks.com Online Reader. eBooks.com Online Reader is not responsible for such material or any reliance on such material by you. eBooks.com Online Reader excludes any liability for any loss or damage suffered by you by reason of any material or content on the Website or your reliance on such material or content.
Monitoring and removal of material
- You acknowledge and agree that eBooks.com Online Reader may at any time and at its absolute discretion remove any Material from the Website and without giving any reason for its removal. Without limiting the foregoing, eBooks.com Online Reader may at any time remove Material which has been contributed in breach of the eBooks.com Online Reader terms and conditions.
- You acknowledge that eBooks.com Online Reader is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to eBooks.com Online Reader's legal obligations under privacy and other laws).
- eBooks.com Online Reader may at any time and at its absolute discretion discontinue the Website or any part of it.
Privacy
- You consent to eBooks.com Online Reader holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to eBooks.com Online Reader’s privacy policy which can be found at www.amigoreader.com/privacy-policy/.
Unavailability
- From time to time the Website will not be available due to maintenance or other reasons. eBooks.com Online Reader will notify users by placing a notice on the Website.
Ratings
- In using the Ratings System all users must act fairly and reasonably and comply with these terms and conditions. All ratings must be genuine and made in good faith.
- You must not do anything which adversely affects the integrity of the Ratings System including (without limitation):
- Providing favourable ratings for yourself or persons associated with you where there is no justification for such rating.
- Providing unfavourable ratings for other users where there is no justification for such rating.
- Threatening any other user with an unfavourable rating or comment.
- You acknowledge that the Rating System is subject to the input of users and that eBooks.com Online Reader is not responsible for the outcome of the Rating System. eBooks.com Online Reader will not be liable to you and all liability is excluded in relation to the Ratings System and its use by users of the Website.
Indemnity
- You will indemnify eBooks.com Online Reader and keep eBooks.com Online Reader indemnified against any loss or damage suffered by eBooks.com Online Reader (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against eBooks.com Online Reader by any other person as a result of any Material placed by you on the Website or any use of the Website by you.
- Without limiting the above, you will indemnify eBooks.com Online Reader and keep eBooks.com Online Reader indemnified against any loss or damage suffered by eBooks.com Online Reader (including any legal costs incurred) arising out of any claim alleging that:
- Any Material made by you infringes the copyright or other intellectual property rights of any other person;
- Any Material made by you contains material or content which is prohibited pursuant to these terms and conditions.
No Warranties
- eBooks.com Online Reader gives no warranties and makes no representations regarding the Website or the contents or availability of the Website or any of the contributions to or other material contained on the Website. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions or warranties are excluded. All implied terms, conditions and warranties in any Sale of Goods legislation are excluded.
- eBooks.com Online Reader's liability and your sole remedy for breach of any express warranty, or warranty or right implied or conferred by law, is limited to, at eBooks.com Online Reader’s option, one or more of: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.
Liability
- Except as expressly provided elsewhere in this agreement, eBooks.com Online Reader will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the inclusion of your Material on the Website, content posted on the Website by third parties or your use of the Website.
- Without limiting the generality of clause 30 above, eBooks.com Online Reader will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the inclusion of your Material on the Website, the contents posted on the Website by third parties or your use of the Website, even if eBooks.com Online Reader has been advised of the possibility of such damages.
- You acknowledge that the websites of third parties may be accessed through the Website and that eBooks.com Online Reader has no control over such third party websites. eBooks.com Online Reader will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.
- You acknowledge that the content and material posted by third parties on the Website are made pursuant to these terms and conditions but that eBooks.com Online Reader is not responsible for such content or material. eBooks.com Online Reader will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any contents posted by third parties on the Website or any criticism, comment or other content of any third party material which are made in relation to your Material or which are otherwise posted on the Website.
- You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. While eBooks.com Online Reader takes reasonable steps to prevent such copying, eBooks.com Online Reader cannot guarantee that your Material will not be copied. eBooks.com Online Reader will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.
General
- If any these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement
- These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Western Australia.
- eBooks.com Online Reader may from time to time introduce a dispute resolution procedure for the purpose of resolving disputes arising out of these terms and conditions or otherwise between eBooks.com Online Reader and you or you and third parties. Such procedure will be posted on the Website and will apply from the date on which it is posted.
- eBooks.com Online Reader may from time to time introduce policies and procedures for the purpose of regulating activities on the Website. Such policies and procedures will be posted on the Website and will apply from the date on which posted.
- eBooks.com Online Reader may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future Material posted by you on the Website or other use of the Website from the date of such notice. It is your responsibility to ensure that you are aware of the current version of these terms and conditions. By using the Website you agree that the current version of the terms and conditions applies to such use.
- eBooks.com Online Reader will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of eBooks.com Online Reader including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.