1.1 Artist Pages. BookByPart.com allows authors, musicians, and artists to create Artist Pages ("Artist Pages") for promoting and selling books, songs, artwork and other creative works ("Works"). Persons or organizations which create, edit, or administer Artist Pages or which are otherwise responsible for or affiliated with a work (collectively, "Artists") can post information about the Work, set prices, provide information to fans, collect information from fans, prices, and collect payments through a third-party payment processor such as PayPal ("Payment Processor").
1.3 Online Venue. BookByPart.com is an online venue ("Venue") matching buyers and sellers. Book By Part is not involved in the actual transactions between buyers and sellers. Book By Part does not transfer legal ownership of items from sellers to buyers. Rather, Book By Part merely provides the venue and, unless specifically noted, does not own or sell any of the items listed. The actual contract for sale is directly between the sellers and the buyers.
1.4 No Control Over Listings.Book By Part has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1.5 Taxes.Artists are solely responsible for determining which, if any, sales, use, amusement, live entertainment, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to sales and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Book By Part cannot give you legal or tax advice, so please check with your tax advisor about any applicable Taxes. In the event a governmental authority requires Book By Part to pay any Taxes attributable to you, you agree to indemnify and reimburse Book By Part for such Taxes and all costs and expenses related thereto.
1.6 Legal Compliance.You agree not to use the Venue to buy or sell items which are illegal in Nevada, the United States, or in your local jurisdiction. By using the Venue, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on BookByPart.com.
1.7 Use of the Venue. If you choose to use the Venue, you agree to:
1.8 Payment Processer.All payments from buyers to sellers are processed a third party Payment Processer such as PayPal, not Book By Part. The Payment Processer accepts money from the buyer, collects a transaction fee, and remits the remainder of the payment to the seller.
1.9 Placing Listings.If you place a listing on the Venue, you are legally and solely responsible for the content of the listing and your interactions with any buyers or potential buyers. By listing an item on the Venue, you warrant that all aspects of the item comply with Book By Part's published policies. You further warrant that you are in compliance with Book By Part's published policies. You also warrant that you may legally sell the item.
1.10 Responding to Listings.If you respond to a listing on the Venue, you are legally responsible for your interactions with any sellers. You further warrant that you are in compliance with Book By Part's published policies. You are responsible for reading the full item listing before purchasing an item. When you purchase an item you are entering into a legally binding contract directly with the seller, not with Book By Part.
1.11 Scams.Use common sense when placing or responding to a listing through the Venue. Use the same common sense you would use in the real world when reading an ad. If it is too good to be true, it is a scam. For more information about various online scams and how to avoid them, go to http://OnGuardOnline.gov.
1.12 Cancellation of Listings or Accounts.Book By Part reserves the right to terminate any listing or to cancel the account of any Venue user at any time and for any reason.
1.13 Service Disruptions.Book By Part makes no guarantee as to the availability of its software or services and does not guarantee that its website or its software will be accessible at all times. Service outages or the inability to accesses the BookByPart.com site may occur for many reasons. You acknowledge and agree that Book By Part shall not be responsible for any losses or damages of any kind that may be suffered by you as a result of any service interruptions or outages.
1.14 Additional Policies.The use of the Venue is subject to published policies posted on the BookByPart.com website, including policies regarding listing items, selling items, buying items, and the current list of service fees. Your use of the Venue is subject to those policies, which are incorporated into this Agreement by this reference.
2.1 Book By Part grants you a limited, revocable, nonexclusive license to access BookByPart.com for your own personal use.
2.2 In order to access some features of BookByPart.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to BookByPart.com, you are required to update that information immediately.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Book By Part immediately of any breach of security or unauthorized use of your account. Although Book By Part will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Book By Part or others due to such unauthorized use.
2.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that accesses BookByPart.com. You agree not to collect or harvest any personally identifiable information, including account names, from BookByPart.com, nor to use the communication systems provided by BookByPart.com for any commercial solicitation or illegal or improper purposes.
2.5 Notwithstanding the foregoing, Book By Part grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Book By Part reserves the right to revoke these exceptions either generally or in specific cases.
2.7 Termination of Service. Book By Part reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that Book By Part shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.9 Consent to Electronic Service. When you use BookByPart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on BookByPart.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1 The BookByPart.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including Artist Pages, Works, promotional material, and Artist biographical material, by you, other users, and other third parties such as our partners or affiliates ("Third Party Submissions").
3.2 Third Party Submissions also include, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of BookByPart.com.
3.3 Third Party Submissions may contain the views and opinions of individual content authors. Third Party Submissions are for informational purposes only and do not necessarily reflect the thoughts and opinions of Book By Part or any officer, employee, agent, or affiliate thereof.
3.4 By posting, submitting or uploading a Third Party Submission to any area of BookByPart.com, you automatically grant, and you represent and warrant that you have the right to grant, to Book By Part an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to BookByPart.com, you automatically grant Book By Part all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.
3.5 You acknowledge that the interactive features on BookByPart.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to BookByPart.com. Book By Part cannot guarantee the security of any information you disclose through BookByPart.com. You make such disclosures at your own risk. Book By Part has no obligation to retain or provide you copies of Third Party Submissions
3.6 By posting Third Party Submissions to BookByPart.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.7 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to BookByPart.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access BookByPart.com to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Book By Part.
3.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through BookByPart.com. You acknowledge that any information you disclose through BookByPart.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on BookByPart.com. Any such disclosures are at your own risk.
3.9 Book By Part does not prescreen Third Party Submissions submitted and Book By Part has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Work listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Book By Part may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any BookByPart.com forum.
3.10 You acknowledge that by participating in any interactive area on this website, you are granting Book By Part the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Book By Part, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.11 You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Book By Part may change or remove any description or keyword that it considers inappropriate or unlawful in Book By Part's sole discretion.
4.1 You understand that when using the BookByPart.com website, you will be exposed to Third Party Submissions from a variety of sources, and that Book By Part is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party 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 have or may have against Book By Part with respect thereto, and agree to indemnify and hold Book By Part, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.2 Book By Part does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Book By Part expressly disclaims any and all liability in connection with Third Party Submissions.
4.3 Book By Part does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Book By Part will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Book By Part reserves the right to remove Content and Third Party Submissions without prior notice.
4.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Book By Part's designated Copyright Agent to receive notifications of claimed infringement is:Book By Part
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
4.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, BookByPart.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BookByPart.com sole discretion.
5.1 With the exception of Third Party Submissions, all content on the BookByPart.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Book By Part. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through BookByPart.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Book By Part.
5.3 You further agree not to reproduce, duplicate or copy Content from BookByPart.com without the express written consent of Book By Part, and agree to abide by any and all copyright and other legal notices displayed on BookByPart.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in BookByPart.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of BookByPart.com.
6.1 Bookbypart.com, including any content, third party submissions, or any site-related service, is provided on an "as is" and "as available" basis. book by part hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose.
6.2 Book by part makes no warranty that: (i) bookbypart.com will meet your requirements, (ii) bookbypart.com will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of bookbypart.com will be accurate or reliable, or (iv) any errors in bookbypart.com will be corrected.
6.3 Book by part is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, or any other third party; and book by part will have no liability with respect to any warranty disclaimed herein.
6.4 You acknowledge that book by part has no control over and does not guarantee the quality, safety or legality of products advertised on bookbypart.com, the truth or accuracy of any third party submissions.
6.5 Book by part, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to bookbypart.com, site-related services and/or content or information contained within bookbypart.com. Your sole remedy for dissatisfaction with bookbypart.com and/or site-related services is to stop using bookbypart.com and/or those services.
7.1 You agree to defend, indemnify and hold harmless Book By Part, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
9.1 You agree that the BookByPart.com website shall be deemed solely based in the State of Nevada.
9.2 The BookByPart.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Book By Part, either specific or general, in jurisdictions other than Nevada.
9.4 Disputes. Any dispute, claim or controversy arising out of or relating to the BookByPart.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the BookByPart.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
9.5 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Book By Part AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.