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Terms of Service
(Revised 31 August, 2015)

Object

BookGarage Sarl (hereinafter referred to as “BookGarage”), a company with limited responsibility registered in Switzerland under Swiss law, is offering professional expertise and services to self-publishers by providing a matchmaking marketplace for and with vetted authors, freelancers and readers (hereinafter referred to as “Members”).

BookGarage acts as a business facilitator between authors, freelancers and readers, finding the best connections among its Members.

Scope

These Terms of Service set out the regulations governing the use of the information and services that BookGarage makes available to Members via this website www.bookgarage.com and other websites and applications operated by BookGarage (hereinafter referred to as the "Website"). They apply to any use and to all transactions executed now or in the future via the Website.

Acceptance of the Terms of Service

The use of this website constitutes acknowledgement and acceptance of the Terms of Service.

Site Usage Policy

Members agree to (a) provide accurate, current and complete information about themselves as prompted by our registration form (including email address), and (b) maintain and update their information (including email address) to keep it accurate, current, and complete.

BookGarage may require or otherwise collect information that identifies a Member as a specific individual, and can be used to contact or identify such Member ("Personal Information").

If any information provided by a Member is untrue, inaccurate, not current or incomplete, (1) such Member cannot claim a lack of notice on communications BookGarage has attempted to send to such Member that could materially affect his rights under the Terms of Service, and (2) BookGarage reserves the right to terminate without notice such Member access to and use of the Website. Please refer to BookGarage Privacy Policy for the use and disclosure of any information provided.

BookGarage reserves the right to refuse to grant you a username for any reason in BookGarage’s sole discretion, including in the event that BookGarage determines that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.

Members are responsible for the confidentiality and use of their username and password and agree not to transfer their use of or access to the Website to any third party. Members are also responsible for notifying BookGarage immediately of any actual or suspected loss, theft, or unauthorized use of their account or account password.

When visiting the Website or sending e-mails to BookGarage, Members are communicating with BookGarage electronically. Members consent to receive communications from BookGarage electronically. BookGarage communicates with Members by e-mail, by posting notices on the Website, or through other electronic methods. Members agree that such way of communication satisfy any legal requirement.

While using the Website, BookGarage expects Members using the Website to respect the rights and dignity of others. Furthermore, Members notably agree not to:

  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  • impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
  • restrict or inhibit any other user from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
  • violate any applicable laws or regulations;
  • express or imply that statements made by a Member are endorsed by BookGarage, without its prior written consent;
  • upload to, transmit through, or display on the Website (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • use the Website to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • engage in spamming or flooding;
  • attempt to upload images by any method to another Member's account without permission;
  • access or use (or attempt to access or use) another Member's content without permission;
  • transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
  • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website;
  • harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law.

Guarantee

The Site: (1) is a “beta” version; (2) is provided on an “as is” basis; and (3) may not be free of bugs or errors.

BookGarage endeavors to ensure that information and data published on the Website is correct and current. However, BookGarage gives no undertaking in this respect and does not warrant or represent expressly or implicitly that the information and/or data provided is correct, current or complete.

Members are aware that BookGarage provides its services via the internet and/or using communication networks. In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures, there may be temporary disruptions or interruptions in the provision of services by BookGarage. BookGarage therefore gives no guarantee that its services will be available without interruption and without error.

Liability

In as much as permitted by law, BookGarage is not liable in any manner whatsoever for direct, indirect, incidental or consequential losses, including loss of income or profit or other consequential losses, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the Website and the information and/or the products or services contained respectively offered on the Website, damage to reputation, data loss following temporary impairments or interruptions or following the failure of transmission errors, or any damages arising out of or in connection with the use of the Website.

This exclusion of liability shall apply particularly to damage inflicted by viruses or other harmful programs or caused in any other way to computer equipment, software operated by Website visitors or their data (including loss of data).

Intellectual Property and Copyright Policy

The Website and the entire contents of BookGarage accessible via the Website (without limitation: the source code, trademarks, copyright; with limitation: book content and “Book Project” content) are protected by copyright and, unless otherwise stated below, belong solely and comprehensively to BookGarage.

All content included on the Website, such as text, graphics, logos, icons, images, digital downloads, data compilations, and software, is the property of BookGarage or its content suppliers, or is linking to works in the public domain, and protected by Swiss and international copyright laws. The compilation of all content on the Website is the exclusive property of BookGarage and protected by Swiss and international copyright laws. All software used on the Website is the property of BookGarage or its software suppliers and protected by Swiss and international copyright laws.

Members retain all their ownership rights of their own content they post on www.bookgarage.com. However, when Freelancer or BookGarage sell services to Author using the Project Collaboration Tool that we provide on the Website for the purpose of accessing services and working on a book project (“Book Project”), and upon Author approving the Book Project as completed, and when all settlements have been completed without disputes, then ownership of the end-product of the service engagement belongs to Author. By purchasing, selling or offering services under the User Account Agreement and Terms of Service, you expressly grant – and you warrant that you have a right to grant – to BookGarage a royalty-free, transferable, perpetual, irrevocable, non-exclusive, worldwide license to list information regarding such content, publicly display your name and extracts of such content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.

If Freelancer has any rights to the end-product, including any intellectual property rights, that cannot be assigned to Author by Freelancer, Freelancer hereby automatically, upon Freelancer’s receipt of payment, unconditionally grants to Author during the term of such rights, an exclusive, worldwide, fully-paid, and royalty-free license to such rights, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights.

Member attests to BookGarage that the work of his (or hers) is his (or hers) original work and has not been copied or duplicated from any other person or entity, nor does any such work infringe any patents or copyrights of any other person or entity. Member further represents and warrants that all works he or she submits to BookGarage have not been plagiarized, are original works of Member, and will not infringe any patents or copyrights of any other person or entity. If any act of plagiarism is detected in Member’s works, BookGarage will immediately remove such content and may immediately close such Member’s account, and Member will be held liable for all damages to BookGarage resulting from the plagiarism.

Member agrees not to post or link to content that: (i) may create a risk of harm, loss, injury, emotional distress, death, disability, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any content that you post or link to does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below), rights of publicity and privacy. To the extent that his (or her) content contains music, Member hereby represents that he (or she) is the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such content and has the power to grant the license granted below. BookGarage reserves the right, but is not obligated, to reject and/or remove any content that BookGarage believes, in its sole discretion, violates these provisions.

Intellectual property rights means, but not only, all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Some areas of the Website allow Members to post reviews, comments, and other information. You are solely responsible for all information that you upload, display, link to or otherwise make available on the Site, and you agree that BookGarage is only acting as a passive conduit for your online distribution and publication of such content, unless specifically stated otherwise. In particular, when Member “adds a book” for which he is not the copyright owner in whole or in part, or in which creation process he has not participated, he expressly agrees that the content he uploads, displays or links to is a work in the public domain. Such upload, display or link is for reference only, may contain only brief extracts of the work as defined in copyright laws, and the reference needs to correctly display the name of the copyright owner (e.g., the author), the title of the work in question (e.g., book title) and a link to the public domain or copyright owner or the representative of the copyright owner (e.g., amazon.com).

Privacy Policy

Please refer to the Data Protection Policy.

Final provisions

The sections and headings above are for reference only and do not limit the scope of each section.

The Terms of Service and any dispute of any sort that might arise between you and BookGarage shall be governed, interpreted and construed by, under and pursuant to Swiss law.

BookGarage reserves the right to change these Terms of Service or the Website (including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site or any services rendered by BookGarage) at any time. Changes will be published on the Website and come into force as soon as they are published. You can determine when these Terms of Service were last revised by referring to the "Revised" legend at the top of these Terms of Service. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Service.

If one or several provisions of these Terms of Service are or become invalid or unfeasible in whole or in part, this shall not affect the validity or feasibility of the other provisions of these Terms of Service. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these Terms of Service.

The sole legal venue for all disputes between BookGarage and the Member is the registered office of BookGarage. BookGarage is entitled, however, to take action against the Member at his or her domicile.