The Fine Print
Terms of Service
Last Updated: April 15, 2019
When you use Bibliopolis and any of Bibliopolis’ services, you are agreeing to the following terms and conditions.
These Terms of Service (the “Agreement”) are an agreement between Bibliopolis, LLC (“Bibliopolis” or “Us” or “Our”) and You (“User” or “You” or “Your”). This Agreement sets forth the terms and conditions of Your use of Bibliopolis products and services, including but not limited to Our e-commerce platform, applications, tools, templates, and other products, software or services provided by or through Us (collectively, the “Services”). You may only use the Services to operate and manage websites, online stores, and other e-commerce or data management services (collectively, “Your Sites”), subject and pursuant to the terms of this Agreement.
By accessing or using Our Services, You agree to this Agreement and that any previous agreements between You and Us with respect to the Services are superseded by this Agreement. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. Any such changes or modifications shall be effective immediately upon the earlier of (i) Our email notification to You advising You of such changes or modifications, (ii) Your electronic acceptance of the revised Agreement after such changes or modifications have been made as indicated by the “Last Revised” date at the top of this page, or (iii) Your continued use of the Services after we post the amended Agreement to this website.
1) User Representations
By accessing and using the Services, You represent and warrant that: (1) You have the legal capacity to enter into this Agreement; (2) You agree to comply with the terms of this Agreement; (3) You will not use or access the Services through automated means, whether through a bot, script or otherwise; (4) You will not use the Services for any illegal or unauthorized purpose; and (45) Your use of the Services will not violate any applicable law or regulation.
We encourage You to use best practices in creating, regularly changing and securing all logins and passwords that you use to access Our Services and Your Sites. We will not be liable for any loss or damage due to Your failure to protect the security of Your passwords. You agree to immediately notify Us of any unauthorized use of Your Sites or Your password or any similar breach of security.
We will provide You with access to all those Services to which You subscribe or that You purchase from Us (the “Purchased Services”). The Purchased Services includes hosting of Your Sites and Your Content for access by You and all visitors of Your Sites (“Your End Users”).
Some of Our Services are offered through subscription plans. The fees, terms, and limits for each plan are published on Our website. We reserve the right to automatically move You to a new plan based on the limits of each plan and Your usage. Upon entry into a new plan, whether done so by Us or by You, You agree to comply with the terms of the relevant plan, including, but not limited to, the payment of all relevant fees.
We will update and modify Our Services from time to time, including but not limited to hardware, backend code, tools, applications, databases, templates, and third party integrations.
The servers used to host Your Sites are physically located in the United States of America and We are a Pennsylvania limited liability company; as a result, all content will be subject to the laws those jurisdictions.
Should one of Your Sites be the target of a DDoS or other malicious attack, You consent that We may take immediate action to mitigate the attack with or without notice to You and without liability for any delay or interruption of service.
Our subscription plans include technical support for Our Services. This includes but is not limited to questions about e-mail setup, FTP configuration, domain transfer, hosting services, and instructions on managing and configuring Your Sites. It does not include additional structural design or other changes to Your Content, such as website design, imagery, and any audio and audiovisual material, photographs, logos and trademarks. Technical support does not include changes to backend code or application functionality or user interface. We will alert you when a request is not covered by Our support and let You know if the request is something that can be addressed at an additional cost to You and if so, we will provide you with an estimate for such billable work.
We reserve the right to provide the Services to Your competitors and make no promise of exclusivity in any market or industry. You further acknowledge and agree that Our employees and contractors may also be users of Our Services and that they may compete with you, although they may not use your confidential information in doing so.
We reserve the right to modify or suspend all or any part of Our Services (such as but not limited to, Third Party Services, third party integrations, and payment methods) for any reason, without notice, at any time.
3) Obligations and Restrictions
We may suspend or cancel the Purchased Services to You if: (a) We reasonably believe in our sole discretion that You are using the Services in violation of the Bibliopolis AUP or this Agreement, and You fail to cooperate with our attempts to investigate the suspected violation; (b) Your Site is compromised through a malicious attack or an unauthorized access and as a result, poses an imminent risk to the Services or Our other users; (c) We are required by law, or a regulatory or government body, to suspend Your Services; or (d) We believe that a suspension of Services is necessary to protect Us, Our Services, or Our other users. We will make every reasonable attempt to contact You before suspending Your service with Us, unless We believe that a suspension on shorter notice is necessary to protect Us or Our other users from potential harm.
You shall not use the Services in any way that causes, or may cause, damage to Our platform or other users, or impairment of the availability or accessibility of Our other user’s websites and Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You are responsible for compliance with all applicable domestic and international laws and regulations regarding Your use of the Services.
4) Your Content
Using Our Services, You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content (collectively, “Your Content”). Your Content includes any content posted by You or Your End Users of Your Sites. You are responsible for compliance of Your Content with any applicable laws or regulations, and You represent and warrant to Us that you have all necessary rights to post and distribute Your Content.
For purposes of providing and promoting Our Services, You grant to Us a non-exclusive, royalty-free license to use, reproduce, publicly display, adapt, publish, translate and distribute Your Content in any existing or future media and make back-up copies of Your Content and Your Sites. Except for the rights expressly granted herein, We do not acquire any right, title or interest in or to Your Content, all of which shall remain solely with You.
Notwithstanding Our rights under these terms and conditions in relation to Your Content, We do not actively monitor the submission of such content to, or the publication of such content on, Your Sites. We accept no responsibility for Your Content or the content of any information passing through Our servers. However, You acknowledge that We may, but have no obligation to, remove some or all of Your Content and suspend or terminate Your Site if we determine in our sole discretion that any of Your Content uploaded or posted to Your Site violates our Acceptable Use Policy (“AUP”) or this Agreement.
We claim no ownership or intellectual property rights in Your Content.
5) Third Party Sites and Services
Our website and Our Services may include links to other websites owned by third parties (“Third Party Sites”), and following these links may lead You or Your End Users to other websites not hosted by Us. Our Services may provide access to accounts and features available with Third Party Sites and may connect these services to Your Sites (collectively, “Third Party Services”).
We do not provide any warranties and make no representation regarding any Third Party Sites or Third Party Services. Any reference to or availability of Third Party Services on our website or as part of Our Services should not constitute or imply an endorsement by Us. We are not responsible or liable to anyone for any discontinuation, suspension, or phase out of any Third Party Service. You are responsible for reviewing and abiding with any applicable third party provider’s terms of service.
To access Third Party Services through the Services, it may be necessary to provide Your login and password information for Third Party Services. You warrant and represent that You have the contractual and legal authority to share such login information with Us.
By using Third Party Services you consent to allow the provider of Third Party Services access to Your data and other information required to connect the Third Party Services with Your Sites.
6) Intellectual Property
Unless otherwise indicated, the Services and all other materials provided by or through Us are our proprietary property and all source code, databases, functionality, software, templates, designs, files, videos, text, documents, materials, and graphics used across Our website and Services (collectively, “Our Intellectual Property”) are owned by Us, and are protected by copyright and trademark laws, trade secret and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
All trademarks and service marks of Bibliopolis, including name, logos, and taglines are considered Our property. Any other trademarks, service marks, logos, or taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines of Ours or any third party without Our express written permission, or the express written permission of such party that may own the trademark, service mark, logo, slogan or tagline.
We grant You a limited, revocable, non-transferable and non-exclusive license to use Our Intellectual Property for accessing and using the Purchased Services in accordance with the terms of this Agreement. You may not sublicense, distribute, copy, modify, translate, resell, reverse engineer, or prepare derivative works from, to the Services without Our prior written permission, which may be withheld, delayed, or conditioned in our sole discretion.
7) Names and Trademarks
We shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with Your Sites for use on Our own websites, as well as other forms of media, to advertise and promote the Services.
8) Fees and Payments
You agree to pay us any Fees relating to Your Purchased Services whenever due. Our Fees may include “Subscription Fees” for web hosting and support, “Consulting Fees” for web design, development, database and other consulting gigs, “Product Fees” for applications and software, and “Additional Fees” for other charges relating to domain names, email accounts, overages, or Third Party Services. Together, Subscription Fees, Consulting Fees, Product Fees and Additional Fees are referred to as “Fees”.
Subscription Fees are paid in advance and will be billed monthly, quarterly, or annually, depending on the terms of the Service established between You and Us. To ensure uninterrupted service, We will automatically bill you for Subscription Fees on a recurring basis until You cancel, or unless otherwise agreed by Us and You. All other Fees are invoiced and sent to You via email. You are responsible for maintaining a valid email address on file with Us always for billing purposes. Fees and payment due dates will appear on the invoices We send to You. Consulting Fees may require a 50% down payment at the start of the billable task or project.
We strongly urge you to keep a credit card on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and We will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
All Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. We accept payments via credit card and bank EFT. We may change Our prices and payment terms at any time.
We do not provide refunds.
9) Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, You also agree to the terms of the following policies.
Data Processing Addendum (DPA), if applicable.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if You elect to use email services with us, then the Rackspace Email Acceptable Use Policy will also apply to You and would be incorporated herein.
You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses: (a) to comply with any legal, regulatory or similar requirement or investigation related to the Services; (b) arising out of any use or disclosure of Your data or Content in connection with the provision of Services; or (c) arising out of or related to any claim made by any third party due to or arising out of: (1) use of the Services; (2) breach of this Agreement; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom You connected via the Services or Your Sites; or (6) Your failure to comply with any of Your obligations under applicable laws. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
11) DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR SITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO OR THROUGH THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR YOUR SITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12) LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DEATH, BODILY INJURY OR FRAUD, AMOUNTS OWED TO THIRD PARTIES PURSUANT TO THE INDEMNIFICATION OBLIGATIONS HEREIN, OR AN EXCLUSION OR LIMITATION OF LIABILITY THAT IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, YOU HEREBY RELEASE US AND HOLD US AND EACH OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE SERVICES, YOUR CONTENT, THIRD PARTY SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT, IN EXCESS OF THE AMOUNTS PAID TO US HEREUNDER WITH RESPECT TO THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF POSSIBLE DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SUBJECT TO THE LIMITATIONS OF THE PREVIOUS TWO SENTENCES, YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. THE TERMS OF THIS SECTION SHALL APPLY TO ANY DATA PROCESSING ADDENDUM EXECUTED BY THE PARTIES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some or all of the disclaimers or limitations may not apply to You.
13) Term and Termination
This Agreement will remain in effect until terminated by either You or Us. You may terminate this Agreement and all Services by contacting Our support.
We may terminate this Agreement and cancel the Services if you violate or breach the terms of this Agreement.
Once this Agreement is terminated by either party, We will stop providing the Services to You, and Your Sites will be taken offline.
Once this Agreement is terminated by either party, We will, at your request, make every reasonable effort to provide you with an archive or transfer of your Content to another provider so long as your account is in good standing.
14) Data Protection Policy
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Bibliopolis’ collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
Notices to You will be directed to the address and information of record on Your billing account with Us. Notices to Us should be directed to:
P.O. Box 81085
Pittsburgh, PA 15217
16) Waiver and Severability
No waiver by Bibilopois of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bibliopolis to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
17) Governing Law and Jurisdiction
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, although Bibliopolis retains the right to bring any suit, action or proceeding against You for breach of this Agreement in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.