Terms and Conditions of Liibook.com
The following are the terms and conditions (“Agreement”) of the web site located at the URL www.Liibook.com (“Liibook”).
When you access, use, surf and register with Liibook you become a user of this web site (“User”) and are bound to comply and respect the present Agreement. By accessing, in any way using, surfing through and registering with Liibook you are entering into a legally binding agreement with Liibook, in accordance with all the rules and terms provided in this Agreement. If you do not agree with any or all the clauses of this Agreement, do not access, use, surf or register with Liibook.
I - Services provided in Liibook
Liibook is a virtual platform and social networking site designed for the exchange and sharing of literary works among individuals around the world. The services provided by Liibook include:
A. Access to Literary Works of Users
Liibook is a virtual platform that allows access to literary works published by Users. The access and reading of these pieces is open and free to all Users. The download of literary works may be free or subject to a prior payment of credits, as will be explained below. Users must be registered with Liibook in order to comment, send messages or download pieces that are not free.
B. Publication of Literary Works
II - Admission as User
A. Minimum Age
Liibook respects Users’ privacy and they must be adults and have full contractual capacity, in accordance to the law of each User’s domicile. Liibook does not allow the access, use, registration or surf of the site by minors and the registration of minors constitute a breach to the present Agreement. Parents and/or Tutors shall be directly liable for the breach of the Agreement and any other damages caused by the use of Liibook on behalf of minors.
If any User detects or believes that a minor has registered with Liibook in violation of this Agreement, please contact Liibook by sending an email to firstname.lastname@example.org.
B. Acceptance of the Agreement
III - Procedure to Register as User
IV - User’s Obligations
A. Information Provided for Registration
To effectively register with Liibook Users must: (i) provide true and updated personal information that fit the requirements present in Liibook’s subscription form; (ii) guard the security and confidentiality of their password; and (iii) regularly update the personal information provided for the registration.
Each User’s registration is personal and their accounts cannot be subject to assignments. Therefore, Liibook does not allow multiple registrations by a single individual. Users are liable for false information provided to Liibook and are exclusively responsible for guarding the security and confidentiality of their password.
B. Permitted Uses of Liibook
Users may only use Liibook if they comply with the rules of use contained in the Agreement and applicable law. The following uses are prohibited and Users represent and warrant that they shall not use Liibook to:
Collect by any means other User’s or third party’s email addresses published in Liibook in order to send spam, non-solicited or unauthorized emails, chained emails or any other illegal communications;
Generate, post, publish, transmit, share, file or otherwise provide any content (texts, sounds, photographs, images, etc.) that is or could be deemed harmful, threatening, pornographic, illegal, slanderous, abusive, harassing, obscene, fraudulent and/or that may harm any individual’s right to privacy, intimacy, use of image, copyrights, intellectual and industrial property and/or that may contain discriminatory elements for racial, religious, ethnic, sexual orientation, political beliefs or any other motive;
Generate, post, publish, transmit, share, file or otherwise provide any content (texts, sounds, photographs, images, etc.) that advertises or spreads illegal events, destinations, products and services, or which are contrary to generally accepted moral codes and norms of good behavior
Generate, publish, transmit, share, file or otherwise provide any content (texts, sounds, photographs, images, etc.) that violate Liibook’s, User’s or third parties’ copyrights or any other intellectual property rights;
Register more than one account for a single individual or commit identity theft against any person or legal entity,
Post false manifestations or provide any false information concerning: (i) a User’s name and password, (ii) friends, contacts or third parties; and (iii) events, destinations, products or services;
Generate, post, publish, transmit, share, file or otherwise provide personal information (including names, addresses, telephone numbers, email addresses, identity and passport numbers, credit card information and any other personal data) of any other User or third party without their previous authorization;
Load, post, publish, transmit, share or otherwise provide any content or software that contains computer viruses or any other code, file or computer software designed to interrupt, destroy or limit the use of any software, hardware or telecommunications equipment;
Harass, intimidate or commit cyber-bullying against any individual;
Duplicate, license, sublicense, transfer, sale, resale or in any way commercially exploit the services provided by Liibook. Users may not sell, assign or transfer User’s account and passwords;
Use information or contents posted in the site to compete in any way with Liibook;
Declare, post or advertise a certain event, destination, product or service as recommended or supported by Liibook, without previously having entered into sponsorship or advertisement agreements with Liibook; and
Use any of Liibook’s services in breach of the Agreement, Privacy Policies, the applicable law and generally accepted moral codes, norms of good behavior or in any way that may harm, damage, discredit, overburden or prejudice Liibook, Users or third parties.
The present list of prohibited uses is a mere enumeration of violations that Users and third parties may commit.
C. Liability for Contents
Users represent and warrant that they are exclusively liable for the contents, Classifieds and Featured Classifieds (including texts, sounds, photographs, images, etc.) generated, posted, published, transmitted, shared, filed or otherwise provided in any site in Liibook (collectively,”User Content”). Users shall not post, transmit, share, file or otherwise provide User Content that they have not themselves created or are duly authorized to reproduce.
Users warrant that they (i) are the owners, licensees and/or have been legally authorized to publish and use the trademarks, industrial secrets, copyrights or other intellectual property rights used or posted on User Contents, which therefore entitle them to post and use such content in accordance with the Agreement; and (ii) are authorized to use the name and image of the individuals identified in the Users Content, by a written or oral acceptance that enables their inclusion in Liibook in accordance with the Agreement.
Liibook does not agree with, control, order or support any User Content or opinion recommendation or advice posted on the site and Liibook expressly declines any and all liabilities in relation to User Content. Liibook prohibits all activities that violate copyright and/or intellectual and industrial property rights and may remove User Content that violates Liibook’s or third party’s copyright or intellectual property rights.
Liibook acknowledges that User Contents are the exclusive property of its Users. Users are under no obligation to create and post User Contents. However, if Users create and post User Content, they authorize Liibook to file, reproduce, copy and store it in order for User Content to be available in the site and for Liibook to duly provide the services explained herein. Users grant Liibook over their Users Content the right to use, copy, totally or partially reproduce to an undetermined public, incorporate other User Content and to suppress them, with the need to require a new consent. Users also grant other Users a non exclusive license to access the User Content posted in Liibook.
Users shall indemnify Liibook and their directors, managers, representatives, subsidiaries and employees from all judicial and administrative claims and law suits that may arise in relation to the post and publication of User Content.
Liibook may revise User Content, either by its own initiative or due to third party reports, and shall be entitled to suppress and delete without previous notification, any content that breaches the Agreement, Privacy Policies, applicable law and generally accepted moral codes and norms of good behavior.
V - User’s Rights
A. Use of Liibook
As long as Users respect and comply with the Agreement, Privacy Policies, applicable law and generally accepted moral codes and norms of good behavior, Liibook grants them the revocable, limited, non-exclusive and non-assignable right to use the services provided in the website.
Users may at any time cancel, User Contents, information in their profile or their account with or without cause nor previous notification. Even after the cancellation, the User authorizes Liibook to withhold copies of any User Content.
C. Rights over Literary Works uploaded to Liibook
By posting literary works Users automatically provide Liibook with a worldwide, non-exclusive, royalty free, transferable licence over User Contents, which authorize Liibook to: use, reproduce, distribute, produce derivative works, show and present in the site or any other future partner site, etc.
Users grant Liibook the right, free of any charge, to edit, copy, distribute or post to an undetermined public the titles and literary works uploaded to the site, including User’s pseudonyms and brief abastracts or quotations of these works, in order to promote User Contents in the site.
Users reserve all intellectual property rights regarding their User Contents. Users do not lose their right to publish their literary works in other media, nor do they forfeit their freedom to write, post, sell or show their works to other people. In the future, Liibook may offer new alternatives to manage intellectual property rights over User Contents, which may be posted in the site or its blog. The use of these new services shall be discretional to Users.
D. Limits to the Use of User Contents
Users that access User Contents shall be granted the right to make digital and paper copies of the latter only for personal use. Printing and downloading any User Content does not license or assign any intellectual property rights over these litetary works.
Users shall not be allowed use User Contents commercially. Users are not allowed to modify, publish, transfer, distribute, participate in the transfer, sell, create derivative works or in any way commercially use, wholly or in part, any User Contents without the prior authorization of its author.
Liibook strictly prohibits the deletion, redistribution, transmission, publication and commercial use of User Content without the express and written authorization of Liibook or the author of such content.
E. Download of User Content
Users that post literary works may chose to: (i) permit the download by other Users free of any charge, or (ii) charge each download by selecting a number of credits (“Credits”).
Credits have a nominal value of USD 1 (ONE UNITED STATES OF AMERICA DOLLAR). The author of the literary work shall decide how many Credits other Users must pay in other to download their User Content. Credits gained by authors may be used to download other User Cotents or may be cashed in using their PayPal accounts and according to the latter’s terms and conditions. Liibook shall not be held liable for the inconveniences or conflicts which Users may have with PayPal with regards to the payment of Credits.
Users that wish to buy Credits may do so through the available online payment options. The following are the current prices for Credit packages:
F. Consumer Protection
Liibook acknowledges and supports consumer rights protection in accordance with Act 24.420 of the Republic of Argentina.
To contribute to Users right to information, they may consult their rights according to Act 24.240 by clicking here.
Additionally, consumers may visit the National Consumer Rights Protection Agency site: www.consumidor.gov.ar
For consumers with legal domicile within the City of Buenos Aires, the following link informs about your rights and obligations here.
Users that may be considered consumers in accordance to Act 24.240 have the right to withdraw their acceptance during the following 10 (TEN) days of their payment of any Credit package. Users must inform Liibook of their will to withdraw their acceptance by sending an email to email@example.com. Users shall in no case be granted the right to withdraw their acceptance if they have used their Credits to download User Content.
VI - Liibook Obligations
A. Provision of services
Liibook is exclusively liable for the operation and provision of the services and features described in Claus I. As long as the site is operational, Liibook undertakes the obligation to constantly develop its services in order to improve its User’s experiences.
Liibook has the exclusive right to suspend, replace, restrict, temporally or permanently discontinue the access to its services, with or without notice. Liibook does not guarantee the availability and operation of the website, but shall notify of interruptions and failures that may affect its use when the circumstances allow it.
Liibook shall make its best efforts to provide its Users with a secure platform and will use antiviruses, firewalls and other technologies to prevent attacks. However, Liibook is not liable for possible attacks, phishing, farming or any other force majeur event that may breach the site’s security systems.
C. Policies for User’s Personal Information
VII - Liibook’s Rights
A. Copyright and Intellectual Property Rights
Liibook has all copyright, intellectual and industrial property rights over all the designs, texts, trademarks, graphics, images, videos, software, music, sounds and other contents on the website, excluding User Content (“Liibook Contents”).
Liibook Contents shall not be subject to any kind of modifications, copies, duplications or imitations and shall not be partially or totally downloaded, reproduced, transmitted or sold, without Liibook’s prior written consent.
Users shall not load or post Liibook Contents in other websites or any other media, nor shall they include Liibook Contents in any data bases or compilations. Liibook only grants its Users the right to make copies, downloads or prints of Liibook Contents, exclusively for personal uses and as long as all its copyright, intellectual and industrial property remain intact. This limited license may be revoked at any time and with or without cause nor prior notification. Except for the latter exception, no clause of the present Agreement may be interpreted as expressly or implicitly granting Users licenses of any copyright, intellectual or industrial property rights over Liibook Contents.
The use of the site or Liibook Contents in violation of the Agreement or the applicable law, shall entitle Liibook to cancel contents and the liable User’s accounts and may seek the repair of any damages caused.
Liibook shall be entitled to cancel, with or without cause, any account or User Content at any time without prior notification.
Liibook shall block access to the site to any User that is a recurrent offender of the Agreement, the applicable law and generally accepted moral codes, norms of good behavior. A User may become a recurrent offender when he/she has been notified of having infringed one or more provisions of this Agreement in two or more occasions or when the User has had its User Content removed from the website in more than two occasions.
Furthermore, Liibook shall be entitled to partially or totally suspend, restrict, limit and/or discontinue the services described in Clause I, with or without prior notification. However, Liibook may notify the Users of interruptions that take place, if the circumstances allow it. Liibook shall not be in any way liable for the cancellation.
C. Limitation of Liability
LIIBOOK IS NOT LIABLE FOR:
1. USER CONTENTS. USERS ARE EXCLUSIVELY LIABLE FOR THEIR CONTENTS AND LIIBOOK DOES NOT CONTROL, ASSESS, CONDITION, DIRECT OR ORDER USERS THE CREATION, WRITING OR PUBLICATION OF USER CONTENTS. LIIBOOK HAS HEREIN ESTABLISHED THE RULES FOR THE LEGAL USE OF THE SERVICES PROVIDED IN THE WEBSITE. LIIBOOK IS NOT LIABLE FOR THE ILLEGAL CONDUCT OF USERS.
2. TECHNICAL FAILURES OR MISFUNCTIONS. LIIBOOK IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN THE OPERATION OR TRASMISSION OF INFORMATION, TELECOMMUNICATION FAILURES, THEFTS, DESTRUCTION, NON AUTHORIZED ACCESS OR ALTERATIONS in USERS’ COMMUNICATIONS.
4. LIIBOOK SHALL IN NO CASE BE LIABLE FOR THE DIRECT, INDIRECT, UNFORESEEABLE, MEDIATE OR PUNITIVE DAMAGES (EVEN IF LIIBOOK WAS INFORMED OF THEIR EXISTENCE) THAT MAY ARISE IN RELATION TO THE USE OF THE WEBSITE, EVEN IF THE DAMAGES ARISE OUT OF: THE USE OR ABUSE OF THE WEBSITE, THE IMPOSSIBILITY TO USE THE WEBSITE OR DUE TO THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR CANCELLATION OF ANY OR ALL SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW.
D. Exemption of Warranty
USERS EXPRESSLY CONSENT THAT THE USE OF THE WEBSITE AND ITS SERVICES ARE UNDER THEIR FULL RESPONSIBILITY. LIIBOOK IS PROVIDED ON AN “AS IS” BASIS AND “AS MADE AVAILABLE”, WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, USERS EXEMPT LIIBOOK, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ALL WARRANTIES, EXPRESSED OR IMPLIED, IN RELATION TO THE WEBSITE AND ITS USE. LIIBOOK DOES NOT WARRANT NOR REPRESENTS THE CERTAINTY, ACCURACY OR PUNCTUALITY OF THE CONTENTS POSTED ON THE WEBSITE, USERS CONTENTS OR ANY OF THE SERVICES ACCESSED FROM LINKS PRESENT IN THE WEBSITE AND NEITHER DOES LIIBOOK ASSUME ANY LIABILITIES FOR (I) ERRORS, INACCURACIES OF LIIBOOK CONTENTS, USER CONTENTS OR AUTOMATIC TRANSLATIONS, (II) PERSONAL INJURIES TO PROPERTY OR ANY KIND OF DAMAGES THAT MAY ARISE DUE TO THE ACCESS AND/OR USE OF THE WEBSITE (III) UNAUTHORIZED ACCESS AND/OR USE OF LIIBOOK’S SERVERS OR ANY PERSONAL OR FINANTIAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OF THE TRANSMISSIONS TO OR FROM THE WEBSITE (V) ANY FLAW, VIRUS, TROYANS (J??) OR SIMILAR MALWARE THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE BY A THIRD PARTY, AND (VI) ANY ERROR OR OMISSION IN CONTENTS OR ANY LOSS OR DAMAGE CAUSED THAT MAY ARISE AS A RESULT OF THE USE OF CONTENTS POSTED ON THE WEBSITE, EMAIL SENT THROUGHOUT THE WEBSITE.
LIIBOOK DOES NOT WARRANT, SUPPORT OR ASSUME ANY LIABILITIES FOR PRODUCTS OR SERVICES ADVERTISED, OFFERED BY USERS, THIRD PARTIES OR WEBSITES ACCESSED FROM THE SITE THROUGH BANNERS OR WHICH ARE IN ANY WAY PRESENT IN AVAILABLE ADVERTISEMENT SPACES.
LIIBOOK DOES NOT PARTICIPATE NOR IS IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS THAT MAY ARISE BETWEEN USERS OR USERS WITH THIRD PARTIES THAT OFFER AND REQUEST SEARCH FOR PRODUCTS AND SERVICES. USERS MUST BE DILLIGENT WHEN CONTRACTING WITH OTHER USERS OR THIRD PARTIES.
VIII - Liquidated Damages
Liibook is concerned about the abuse and harassment that its Users may suffer for the infringement of the present Agreement on behalf of individuals or legal entities that use this site to collect email addresses or Users’ accounts in order to send spam, non solicited emails, chained letters or any other illegal communications.
Therefore, Users understand and agree that because the damages caused by these illegal actions are generally difficult to quantify and if the damages may not be reasonably calculated, then the transgressor must pay Liibook as liquidated damages the sum of fifty United States Dollars (US$50) for each email or message sent in violation of the Agreement. Liibook, at its sole discretion, may chose to issue a prior warning before calculating and demanding the payment of liquidated damages.
In any case, Users agree to pay Liibook for all the damages suffered to the effective amount that can be reasonably calculated.
IX - Filing of Reports
If a User believes that anywhere along the site there could be a breach to the Agreement, an infringement to Liibook or User Contents’ copyrights or intellectual property rights, illegal use of an individuals image or any other violation, he/she may file a report to the following email address: firstname.lastname@example.org.
X - Miscellanea
A. Applicable Law
This Agreement and any disputes arising out of or relating to the Agreement shall be governed by the law of the Republic of Argentina, excluding any conflict of laws rules.
Any Disputes arising out of or in connection with this Agreement shall be resolved by the courts of the City of Buenos Aires, Argentina.
For all legal, judicial and extra judicial effects, Liibook constitutes its legal domicile at Güemes 3806 6B - 1425 , Ciudad Autónoma de Buenos Aires, where all notifications concerning the site shall be valid.
If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
Liibook reserves the right to modify, supplement or replace the Agreement, effective upon posting at www.Liibook.com. Users acknowledge that should they persist in the use of the site after the posting of the modifications, then they have implicitly accepted the new Agreement. Users have the obligation to visit the Agreement to control if there have been any modifications.
Liibook provides its Users with versions of this Agreement in other languages. However, should there be any differences, the original and binding version shall be the Agreement in its Spanish version.