Dust Jacket Review Terms of Use Agreement

The Dust Jacket Review website at Dustjacketreview.com (the "Site") and any other features, content, or applications offered from time to time by Dustjacketreview.com in connection with the Site (collectively, "Dust Jacket Review Services") are operated by Dust Jacket Review, Llc. (collectively, "us", "we", or "The Company"). The Dust Jacket Review Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Dust Jacket Review Services. By using the Dust Jacket Review Services, you agree to be bound by this Agreement, whether you are a "Guest" (which means that you simply browse the Site) or you are a "Member" (which means that you have created an account at the Site). The term "User" refers to a Guest or a Member. You are only authorized to use the Dust Jacket Review Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Dust Jacket Review Services immediately. If you wish to become a Member, communicate with other Members and make use of the Dust Jacket Review Services, you must read this Agreement and indicate your acceptance during the Account Creation process.

This Agreement includes the Site's policy for acceptable use of the Dust Jacket Review Services and Content posted on the Site, your rights, obligations and restrictions regarding your use of the Dust Jacket Review Services and the Site's Privacy Policy. In order to participate in certain Dust Jacket Review Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Dust Jacket Review Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support [at] Dustjacketreview.com, Subject: Terms of Use Agreement.

Dust Jacket Review may modify this Agreement from time to time and such modification shall be effective upon posting by Dust Jacket Review on the Site. You agree to be bound to any changes to this Agreement when you use the Dust Jacket Review Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Eligibility

Membership in the Dust Jacket Review Services is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 13 or older and that you agree to and abide by all of the terms and conditions of this agreement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Term

This Agreement shall remain in full force and effect while you use the Dust Jacket Review Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing us at support [at] Dustjacketreview.com Subject: Account Deletion. Dust Jacket Review may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Dust Jacket Review immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members

The Dust Jacket Review Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dust Jacket Review. Illegal and/or unauthorized use of the Dust Jacket Review Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Dust Jacket Review Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Dust Jacket Review Services.

User Conduct

You agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
• sell or otherwise transfer your profile.

Dust Jacket Review reserves the right to investigate and take appropriate legal action against anyone who, in Dust Jacket Review's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities

If you become aware of misuse of the Dust Jacket Review Services by any person, please contact abuse [at] Dustjacketreview.com.

Proprietary Rights in Content on the Site

You are solely responsible for the images, profiles, messages, quips, text, information, excerpts, and other content that you upload, publish or display (hereinafter, "post") on or through the Dust Jacket Review Services or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Services that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, 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 Site or provide to the Company. Content is not necessarily reviewed by Dust Jacket Review prior to posting and does not necessarily reflect the opinions or policies of Dust Jacket Review. Dust Jacket Review makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You represent and warrant that:

(i) you own the Content posted by you on or through the Dust Jacket Review Services or otherwise have the right to grant the license set forth in this section, and

(ii) the posting of your Content on or through the Dust Jacket Review Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Dust Jacket Review Services.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company 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 on or in connection with the Site 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. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

Dust Jacket Review reserves the right, in its sole discretion, to reject, refuse to post or remove any post by you, or to restrict, suspend, or terminate your access to all or any part of the Dust Jacket Review Services at any time, for any or no reason, with or without prior notice, and without liability. Dust Jacket Review expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Dust Jacket Review Services if Dust Jacket Review determines, in its sole discretion, that you pose a threat to Dust Jacket Review and/or its Users.

The Dust Jacket Review Services contain Content of Dustjacketreview.com ("Dustjacketreview.com Content"). Dustjacketreview.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Dustjacketreview.com owns and retains all rights in the Dustjacketreview.com Content and the Dust Jacket Review Services. Dustjacketreview.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Dustjacketreview.com Content (excluding any software code) solely for your personal use in connection with viewing the Dust Jacket Review Website and using the Dust Jacket Review Services.

The Dust Jacket Review Services contain User Content and other Dustjacketreview.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Dust Jacket Review Services.

User Disputes

You are solely responsible for your interactions with other Dust Jacket Review Users. Dust Jacket Review reserves the right, but has no obligation, to monitor disputes between you and other Users.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Dust Jacket Review Services in a way that constitutes copyright infringement, please provide us with the following information:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) A description of the copyrighted work that you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on the Dust Jacket Review Services;

(iv) Your address, telephone number, and email address;

(v) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact Dust Jacket Review for notice of claims of copyright infringement can be reached by email: copyright [at] Dustjacketreview.com.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimers

Dust Jacket Review is not responsible for any incorrect or inaccurate Content posted on the Dust Jacket Review Website or in connection with the Dust Jacket Review Services, whether caused by Users of the Dust Jacket Review Services or by any of the equipment or programming associated with or utilized in the Dust Jacket Review Services. Profiles and reviews created and posted by Members on the Dust Jacket Review Website may contain links to other websites. Dust Jacket Review is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Dust Jacket Review.

Inclusion of any linked website on the Dust Jacket Review Services does not imply approval or endorsement of the linked website by Dust Jacket Review. When you access these third-party sites, you do so at your own risk. Dust Jacket Review takes no responsibility for third party advertisements which are posted on this Dust Jacket Review Website or through the Dust Jacket Review Services, nor does it take any responsibility for the goods or services provided by its advertisers. Dust Jacket Review is not responsible for the conduct, whether online or offline, of any User of the Dust Jacket Review Services. Dust Jacket Review assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Dust Jacket Review is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Dust Jacket Review Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Dust Jacket Review Services. Under no circumstances shall Dust Jacket Review be responsible for any loss or damage, including personal injury or death, resulting from use of the Dust Jacket Review Services, attendance at a Dust Jacket Review event, from any Content posted on or through the Dust Jacket Review Services, or from the conduct of any Users of the Dust Jacket Review Services, whether online or offline. The Dust Jacket Review Services are provided "AS-IS" and as available and Dust Jacket Review expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dust Jacket Review cannot guarantee and does not promise any specific results from use of the Dust Jacket Review Services.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT SHALL DUST JACKET REVIEW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DUST JACKET REVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DUST JACKET REVIEW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DUST JACKET REVIEW FOR THE DUST JACKET REVIEW SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold Dust Jacket Review, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Dust Jacket Review Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Dust Jacket Review Website or through the Dust Jacket Review Services causes Dust Jacket Review to be liable to another.

Disputes

If there is any dispute about or involving the Dust Jacket Review Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. Either Dust Jacket Review or you may demand that any dispute between Dust Jacket Review and you about or involving the Dust Jacket Review Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Dust Jacket Review from seeking injunctive relief in a court of competent jurisdiction.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Privacy

The Information We Collect

When you create an account with Dust Jacket Review, you provide us with your email address and any other personal or preference information that you provide to us.

We store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser.

When you use Dust Jacket Review, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your peer list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

By using Dust Jacket Review, you are consenting to have your personal data transferred to and processed in the United States.

Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Use of Information Obtained by Dust Jacket Review

Your profile information is displayed to people, enabling you to connect with people on Dust Jacket Review. We may occasionally use your username and email address to send you notifications regarding new services offered by Dust Jacket Review that we think you may find valuable.

Dust Jacket Review may send you service-related announcements from time to time through the general operation of the service. For instance, if a peer sends you a new message or quip, or someone recommends a book to you, you may receive an email alerting you to that fact.

Dust Jacket Review may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people like a book and personalizing advertisements and promotions so that we can provide you Dust Jacket Review. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you.

Sharing Your Information with Third Parties

We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about Dust Jacket Review, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links. In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Dust Jacket Review-specified purposes.

We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Dust Jacket Review Services or using the Dust Jacket Review name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.

If the ownership of all or substantially all of the Dust Jacket Review business, or individual business units owned by Dust Jacket Review, Llc., were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy.

When you use Dust Jacket Review, certain information you post or share with third parties (e.g., a peer), such as personal information, comments, messages, quips, book recommendations or other information, may be shared with other users. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting, this information may become publicly available.

Links

Dust Jacket Review may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information.

Changing or Removing Information

Access and control over most personal information on Dust Jacket Review is readily available through the profile editing tools. Dust Jacket Review users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately.

Other

This Agreement is accepted upon your use of the Dust Jacket Review Website or any of the Dust Jacket Review Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Dust Jacket Review regarding the use of the Dust Jacket Review Services. The failure of Dust Jacket Review to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions

Please contact us at with any questions regarding this Agreement: support [at] Dustjacketreview.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.