Terms of Use

WELCOME TO WWW.BOOKARMA.NET. BOOKARMA, LLC, A MISSOURI LIMITED LIABILITY COMPANY (“BOOKARMA”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.

By using our website, you agree to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@bookarma.net.

Please go to support.bookarma.net for a plain-language explanation about how Bookarma works and what is acceptable as a submission.

IMPORTANT – READ CAREFULLY: This is a legal agreement between you and Bookarma. By clicking the “I accept the Terms of Use” button when you make a submission, you agree to be and hereby are bound by the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you cannot make a submission.

General Use Restrictions:

Bookarma or affiliated or third parties granting rights to Bookarma hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Bookarma or such affiliated or third parties. Bookarma grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Bookarma.

Bookarma does not routinely monitor your postings to the website but reserves the right to do so. However, in Bookarma’s efforts to promote good citizenship within the Internet community, if Bookarma becomes aware of inappropriate use of the website or any of its services (defined below), Bookarma will respond in any way that, in its sole discretion, Bookarma deems appropriate. You acknowledge that Bookarma will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, Bookarma will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that Bookarma may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Bookarma violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Bookarma. You agree that under no circumstances will Bookarma be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to Bookarma.

When you post User Content to the website, you authorize and direct Bookarma to make such copies thereof as Bookarma deems necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to Bookarma an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Bookarma reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website.

In connection with User Content, you further 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, publicity, and publication rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, abusive, 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, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the services provided by or through Bookarma, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Book Submission:

To make a book submission you must be at least 18 years old and become a member of Bookarma. If you make a submission that involves the potential sale or use of alcohol, you must be at least 21 years old. You will be required to establish a user account by creating a User ID and password or using the social sign-in feature. You will have to provide Bookarma with certain personal information (which will be used in accordance with Bookarma privacy policy available at: http://bookarma.net/privacy. All user accounts must be linked to a bona fide email address or social networking profile that you own and operate. Your book submission must be your original idea and work. You cannot have received compensation for submitting your book on this website. You acknowledge that you have the right to submit your book. You can make a multiple book submissions on the website at any time. You may withdraw your book submission after you post it to the website by following the cancellation procedures defined herein.

Membership and Membership Fees & Options:

The Terms of Use apply as long as you use any feature on this website and when, and for as long as, you are a member of Bookarma. If you sign up for Bookarma on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Use on their behalf. The membership fees for annual and monthly plans are posted on our website and may be changed from time to time.

Pay as You Go Monthly Plans or Annual Plans:

You may choose a “pay as you go” monthly plan or an annual plan. If you choose an annual plan, full payment of the amount for the annual plan is due at the time of registration for such annual plan. The annual plan may include a discount or total lower cost than the month-to-month plan; however such benefit may be changed from time to time. If you choose a monthly plan, full payment for the first full month is due at the time of registration of such monthly plan. For monthly plans, payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”).

Regardless of the plan you select, you will be considered a full member of Bookarma, and other than the monthly payment requirement, all the Terms of Use will apply to you. If your account is inactive for more than 12 months your account may be deleted.

As a monthly plan member, you agree to provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You agree to replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, Bookarma is unable to process your credit card order, we will attempt to contact you by e-mail and suspend your account until your payment can be processed.

No Refunds:

Bookarma does not refund any paid or pre-paid membership fees. If you purchase an annual plan and cancel your membership at any time during the year, your membership will continue until the first anniversary date of your membership and you will not be entitled to a refund from Bookarma. If you purchase a monthly plan and cancel your membership in the middle of a month, your membership will continue until the end of that month and you will not be entitled to a refund from Bookarma. A refund may be given for a prepaid month if Bookarma stops providing its services to you for a reason that is not set forth in these Terms of Use.

Changes:

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Closing Your Account:

You or Bookarma may terminate your membership at any time and for any reason or no reason by giving notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if your membership is terminated for cause, including a violation of these Terms of Use or our privacy policy. Once terminated, Bookarma may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Account Disputes: You are responsible for the protection and management of your account and your membership. You are responsible for the Content you post in relation to your account, your membership, and this website. Bookarma will not arbitrate disputes over who owns an account. You agree that you will not request access to or information about an account that is not yours and you will resolve any account-related disputes directly with the other party. Bookarma determines who owns an account based on the payment of membership fees and the books submitted through that account.

Third Party Interaction and Links to Third Party Websites:

In your use of this website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of this website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party, including all payments and claims (of any kind or nature including claims of identity theft or unauthorized transactions) relating to the payment of your membership fee to Bookarma, as your payment is not being directly paid to Bookarma, but rather through a third party credit card processing agency. You agree that Bookarma has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit card, Paypal, or other types of payments from you.

Bookarma and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.
This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Bookarma. Such links do not constitute an endorsement by Bookarma of any such websites. You acknowledge that Bookarma is providing these links to you only as a convenience, and you agree that Bookarma is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

You agree that Bookarma shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Bookarma is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release Bookarma, its agents, employees, successors and assigns, from any and all liability associated with such dispute.

Privacy:

Bookarma’s privacy policy is available at http://bookarma.net/privacy.

Income from the Sale of Your Book:

Income you receive from the sale of your book on this website constitutes taxable income for purposes of US federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any money from the sale of your book on this website, you agree to report and pay the taxes associated with such money.

Rewards:

Rewards and prizes received from this website constitute taxable income for purposes of US federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from this website, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.

Blogs:

The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Bookarma or any agent or employee of Bookarma. Bookarma is not responsible for the accuracy of any of the information supplied by bloggers. Bookarma is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.

Registration:

You may view Content on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with Bookarma and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. Bookarma reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, or other user identifier information. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website. You shall never use another User account without the other User’s express permission. You will immediately notify Bookarma in writing of any unauthorized use of your account, or other known account-related security breach.

Payment of Membership Fees:

Joining Bookarma as an author is available at the then-applicable membership fee. Payment of your membership fee or payment for the purchase of books, as applicable, will be collected by the credit card company or third party credit agency at the time you make your purchase. All payments must be made in U.S. dollars. Please carefully review the payment requirements and payment process established by the applicable credit card company or third party credit agency. Bookarma is not responsible for any actions by any credit card company or third party credit agency or any failure by such credit card company or third party credit agency to fulfill its obligations to you. Your credit card will be charged at the time you pay for your membership.

Intellectual Property:

By submitting a book on the website, you agree to the following terms:

  • Bookarma will not have any ownership rights over your submissions. However, Bookarma needs the following license to perform and market your book on your behalf and on behalf of our other users and for Bookarma. You hereby grant to Bookarma the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your book and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the submitted book, (b) Bookarma’s (and its affiliates’, successors’, and assigns’) businesses, © promoting, marketing, and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market your book submission; (iii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the submissions and Trademarks in connection with the website; and (iv) use and publish, and permit others to use and publish, your submissions, Trademarks, names, likenesses, and personal and biographical materials of you and your book, in connection with the provision or marketing of the book submission and the website. The foregoing license grant to Bookarma does not affect your other ownership or license rights in your book, including the right to grant additional licenses for the marketing of your book.
  • You are publishing your book submission, and you may be identified publicly by your name or User ID in association with your submission.
  • You grant to each user a non-exclusive license to access your submissions through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions solely for personal, non-commercial use.
  • You further agree that your book submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Bookarma all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your book submission to the website or Bookarma’s or its affiliates’ publishing or hosting of the book submission as contemplated by these Terms of Use.
  • Bookarma shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your book submissions or descriptions thereof for the purposes of marketing your book.
  • All information publicly posted or privately transmitted through the website is the sole responsibility of the person from which that content originated.
  • Bookarma will not be liable for any errors or omissions in any Content.
  • Bookarma cannot guarantee the identity of any other users with whom you may interact while using the website.
  • All Content you access through the website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act, Bookarma has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. Bookarma also may terminate user accounts even based on a single infringement.

Disclaimer of Warranties:

Your use of this website is at your own risk. This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website. The materials, products offered, or services offered have not been independently verified or authenticated in whole or in part by Bookarma. Bookarma does not warrant the accuracy or timeliness of the materials, product or book deliveries, or books offered and ultimately available. Bookarma has no liability for any errors or omissions in the materials, product offerings, or book offerings, whether provided by Bookarma or third parties.

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. BOOKARMA, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, BOOKS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. BOOKARMA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF BOOKARMA HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exception for EU citizens:

IF YOU ARE RESIDENT IN THE EUROPEAN UNION, BOOKARMA DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER BOOKARMA, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BOOKS, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Inaccuracies or Errors:

The descriptions, pictures, books, and other representations of products on or made available through this website may contain inaccuracies and errors. Bookarma does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of books, products or services offered through this website may change without notice to you at any time in Bookarma’s or a third party’s sole discretion. Bookarma or a third party shall have the right to refuse or cancel any orders placed for book or other product listed at an incorrect price if the cost to obtain and ship such book or other product is determined to be incorrect or inaccurate.

Local Laws; Export Control:

Bookarma controls and operates this website from its headquarters in the United States of America and makes no representation that the books or materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Trademarks and Images:

The trademarks, logos, and service marks, including those products denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of Bookarma, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, Bookarma or its affiliate has obtained permission from such third party to use the third party Trademark and/or Image on this website. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Bookarma, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited. You are advised that Bookarma will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.

Terms of Use Revisions:

Bookarma may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised Terms of Use.

Applicable Law:

Any action related to these Terms of Use will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in St. Louis County, Missouri, United States of America, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website.

If an action is filed by either party claiming breach of these Terms of Use or failure by Bookarma to provide its services and we prevail, Bookarma and its affiliates are entitled to recover reasonable attorneys’ fees, costs, and any damages or other relief that we may be awarded.

If we have to provide information in response to a subpoena related to your account or membership, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.

Indemnification for Unauthorized Activities:

Book submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Bookarma and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.