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Terms of Service
Mybookback.com Terms of Service
DIGITIZED ACCESS AGREEMENT
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING THE SYSTEM. BY ACCESSING THE SYSTEM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, DO NOT ACCESS THE SYSTEM. YOUR USE OF THE SYSTEM IS SUBJECT TO AND CONTINGENT ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
ACCESS AGREEMENT
THIS AGREEMENT (the "Agreement") is hereby entered into between this service, ("Host") and the person executing this Agreement ("You"). The following terms and conditions apply to your use of this Internet system (the "System")
1. ACCESS TO THE SERVICE
Mybookback.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Mybookback.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Mybookback.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only. You may also create a hyperlink to the home page of Mybookback.com sites so long as the link does not portray Mybookback.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Mybookback.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Mybookback.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "Mybookback" as the source, (d) your use or display does not suggest that Mybookback.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Mybookback.com systems. Mybookback.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Mybookback.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Mybookback.com.
2. ACCEPTANCE OF TERMS
Mybookback.com provides its service (a collection of online resources, including classified ads, forums, and various email services) to you subject to the subsequent Terms of Service ("TOS"). Please be aware that our TOS may be updated or changed at anytime without notice to you. Our most current version is always available on line which can be accessed from any page. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with Mybookback.com in any way, your only recourse is to immediately discontinue use of Mybookback.com. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at:
http://www.Mybookback.com/content/terms_of_service
3. DESCRIPTION OF SERVICE
Mybookback.com provides its users with a way to search for books or journals. These products can then be purchased by users. Users agree that Mybookback.com does not purchase or sell any books or journals. Everything is handled by the users. Users must agree that there is no monetary transaction dealt with at Mybookback.com.
Users can post which books they would like to sell. The public can browse the collection of books and contact the seller of the book via phone or email about purchasing the book.
You also agree that the Service may include advertisements. These advertisements are essential for Mybookback.com to provide the Service which is free of charge. You also agree that the Service may incorporate communications from Mybookback.com. These communications include announcements and our newsletter. You agree that these communications are deemed part of Mybookback.com membership.
You agree that any new details that change the current Service, including the release of new Mybookback.com properties, shall be subject to the TOS. You agree that the Service is supplied "AS-IS", and that Mybookback.com takes no responsibility for any contracts made by its users regarding the purchasing of books or journals.
By agreeing to the TOS you realize that you are responsible for obtaining access to the Service, and that access could involve third-party fees. (fees such as Internet service provider). Mybookback.com is not responsible for those fees; you are responsible for those fees.
4. CONTENT
You recognize that everything you may upload to Mybookback.com including, messages, sounds, files, photos, images, videos, or any other thing considered "Content" posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content came from. In particular, you are entirely responsible and liable for any and everything you may post, email or otherwise make obtainable via the Service. You recognize that you may at times be exposed to offensive behavior from other users and not from Mybookback.com because Mybookback.com does not control, and is not responsible for Content made available through the Service. Furthermore, the Mybookback.com website often links to other third party websites via advertisements and other links and is not responsible for their content or completeness or legitimacy of the information contained in any such site. Your linking to any other websites is at your own risk (MYBOOKBACK.COM WILL NOT BE RESPONSIBLE FOR THEIR CONTENT)!
You agree that you must assess, and accept all risks associated with, the use of any Content.
Mybookback.com does not pre-screen any content on our website before it can be made public. If Mybookback.com is made aware of inappropriate Content, than it will be removed. You acknowledge that Mybookback.com does not pre-screen Content, but that Mybookback.com has the right (but not the obligation) in its sole judgment to reject, remove or move any Content that is available via the Service, for violating the Terms of Service.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Mybookback.com website and Content obtainable through the Service may have features and functionalities that may link you or provide you with access to third party content which is completely independent of Mybookback.com, including web sites, applications, servers, programs, systems, products or services, directories, software, networks, information and databases, and the Internet as a whole.
Your communications with organizations and/or third party connections found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever examination you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You consent that Mybookback.com shall not be accountable or responsible for any loss or damage of any sort incurred as the result of any such transactions. This includes monetary or other cases such as books, computers, ect. If there is a difference of opinion between participants on this site, or between users and any third party, you understand and agree that Mybookback.com is under no responsibility to become involved. In the event that you have a dispute with one or more other users, you hereby release Mybookback.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. YOUR REGISTRATION REQUIREMENTS
You agree that you are of legal age to enter into a binding contract. You also must agree that you are not a person banned from receiving services under the laws of the United States or other appropriate authorities.
You also agree to:
(a) provide completely truthful information about yourself as prompted by the Service's registration form on the registration page
(b) update the Registration Data when ever necessary to keep it truthful. If you provide false information in anyway Mybookback.com has the authority and right to suspend or terminate your account. Mybookback.com also can refuse to offer any or all of its services to you if you have been found providing false information in anyway.
7. Mybookback.com PRIVACY POLICY
You agree that you have read and understand our privacy policy regarding your personal information. It can be accessed from every page on the website.
Mybookback.com has a written Privacy Policy. Mybookback.com’s Privacy Policy was written to explain to users how and why their information is collected. It can be found at:
http://www.Mybookback.com/content/privacy_notice/
Your use of the Mybookback.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further agree that Mybookback.com may, in its sole discretion, safeguard or reveal your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Mybookback.com, its users or the general public.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You agree that you will be given a user name and password after you agree to the TOS. You also agree that you are responsible for maintaining the confidentiality of the username and password. You also agree that you are responsible for all the activities associated with your account.
You agree to notify Mybookback.com of any unauthorized usage of your account, and log off from your account after each session. Because you have agreed with the TOS, Mybookback.com can not be held accountable or liable for any damage arising from your failure to meet the TOS agreement. YOU ARE STRICTLY LIABLE FOR ALL ACTIVITY USING YOUR USER ID AND ACCOUNT.
9. MEMBER CONDUCT
You recognize that all information, data, text, messages, or other content (whether publicly posted or privately transmitted) are the solitary responsibility of the individual from whom such content originated. Again, you are completely responsible for all content that you upload, post, and/ or email. Mybookback.com does not control the content of the information being posted at anytime. Because of this Mybookback.com does not guarantee the integrity or truthfulness of the content.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is, hostile, abusive, vulgar, malicious, harmful, obscene, unlawful, invasive of another's privacy, hateful, or racially, or otherwise unlawful.
You agree to not use the Service to:
harm minors in any way; impersonate any person, and/ or stalk any person, contact anyone who has asked not to be contacted, collect personal data about other users for commercial or unlawful purposes,
You agree not to post, email, or otherwise make accessible Content:
A: that is false, unreliable, disingenuous, deceitful, or misleading in nature.
B: with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
C: that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
D: that violates the Fair Housing Act by claiming, in any note or ad for the sale or rental of any residence, a biased or discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
E: that has software viruses or worms or any other computer code, files or programs designed to disrupt, break or limit the functionality of any computer software or hardware or telecommunications equipment;
F: that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
G: that impersonates any person or entity, including, but not limited to, a Mybookback.com, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
H: that composes or includes any type of advertising or solicitation if: posted in areas of the Mybookback.com sites which are not designated for such purposes; or emailed to Mybookback.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
I: that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
J: that includes personal or identifying information about another person without that person's explicit consent;
K: that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
L: that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
M: that includes links to commercial services or web sites, except as allowed in "Services";
N: that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Georgia law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
O: that is pornographic or depicts a human being engaged in actual sexual conduct
Furthermore, you agree not to:
1) use computerized, automated, or mechanical means, including crawlers spiders, data mining tools, crawlers, robots, or the like to download data from the Service - unless expressly permitted by Mybookback.com;
2) post non-local or otherwise irrelevant Content, frequently place the same or similar Content or otherwise impose an unreasonable or excessively large load on our infrastructure;
3) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
4) attempt to gain unauthorized access to Mybookback.com’s computer systems.
5) use any form of automated device or computer program that enables the submission of postings on Mybookback.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
10. INDEMNITY
You agree to indemnify and hold Mybookback.com and its subsidiaries, employees, and licensors harmless from any claim demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Mybookback.com’s resources, you may not use a Posting Agent to post Content to the Service without express permission. Likewise, Posting Agents are not allowed to place Content on behalf of others except with express permission from Mybookback.com.
12. NO SPAM POLICY
You recognize that sending unsolicited email advertisements to Mybookback.com users via the contact buyer links is expressly prohibited by these TOS.
13. PAID POSTINGS
Mybookback.com may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and agreement with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.
14. LIMITATIONS ON SERVICE
You recognize that Mybookback.com may establish limits about use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the rate with which you may access the Service. You agree that Mybookback.com has no responsibility or liability for the removal or failure to store any Content maintained or transmitted by the Service. You acknowledge that Mybookback.com reserves the right at any time to alter or suspend the Service (or any part thereof) with or without notice, and that Mybookback.com shall not be liable to you or to any third party for any alteration, suspension or discontinuance of the Service.
15. MODIFICATIONS TO SERVICE
You agree that Mybookback.com holds the right at any moment in time to alter or terminate, (momentarily or permanently,) its services with or without notice. You agree that Mybookback.com shall not be legally responsible to you or to any one else because of the alterations or terminations (momentarily and permanently) of its services.
16. PROPRIETARY RIGHTS
Although Mybookback.com does not declare ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Mybookback.com an binding, permanent, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
17. TERMINATION
You agree that Mybookback.com may, under certain conditions, immediately terminate your Mybookback.com account. The subsequent causes for termination include, but may not be limited to,
(a) violations of the TOS or guidelines in anyway or form,
(b) a request by user,
(c) requests government agencies. Termination of this Agreement will cease your ability to access or use the On-Line Services. Further, you agree that Mybookback.com.com shall not be liable to you or any third-party for any termination of your access to the Service.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYBOOKBACK.COM.COM BE LEGALLY RESPONISBLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYBOOKBACK.COM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYBOOKBACK.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE MYBOOKBACK.COM WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYBOOKBACK.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE MYBOOKBACK.COM WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURSIDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTIONS< SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE
As a user of this web site you acknowledge that you are using it at your sole risk. Mybookback.com assumes absolutely no responsibility or liability for the services offered in connection herewith, including without limitation, any and all problems that may occur during the transaction or use of this service. Without limiting the foregoing, Mybookback.com assumes absolutely no responsibility or liability for any failure by a user of this service to deliver a book or any other item to the other user of this service, any failure to pay for any exchange occurring in connection with this service, the quality or any misrepresentation with respect to the quality of any items exchanged in connection with this service, or any representations whatsoever by a user to another use with respect to any item(s) exchanged in connection with the service, any incidents that may arise during the exchange of or delivery of items transferred to a party in connection with this service. It is suggested that you only meet in high traffic public places during daylight hours to avoid any problems. Also, be aware that textbooks used for a course one semester may not be used again the next semester. Before purchasing a textbook, check with your professor or course syllabus to ensure that it is going to be used. If you purchase a textbook that is not going to be used, Mybookback.com assumes no responsibility on behalf of the buyer or seller. Also, textbook condition is a subjective measure. Look through the textbook and ensure that it is in a condition you wish to purchase and use. Booklists, course information, prices and availability information are subject to change at any time without notice. MYBOOKBACK.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMI-TATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MYBOOKBACK.COM or any of its directors, employees, merchants, content providers or any other party involved in the creation or maintenance of this site OR ANY OF their RESPECTIVE AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO THIS AGREEMENT.
Your use of these On-Line Services is governed by and conditioned on your consent to this Agreement. You agree that You have reviewed this Agreement to your satisfaction. By registering with the site, you agree to be bound by this Agreement, just as if you had signed it in pen and ink.
The Host ("Mybookback.com") is not affiliated in any way with applicable colleges and universities, its member institutions or any of their affiliates. The reviews, ratings, comments and other content posted to this site by parties other than the Host are solely the opinions of the author and do not reflect the views of the Host. The Host does not control the control the content on this Site and any opinions, advice, statements, services, offers or other information or content presented or disseminated as part of such reviews are those of their respective authors who are solely liable for their content. The Host and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted in any review. The Host expressly disclaims responsibility for the content posted by any author other than Host.
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PRIVACY POLICY
Mybookback.com ("Mybookback.com") is committed to protecting your privacy. This is our policy regarding the protection and dissemination of information that we gather online. By using our service, you are consenting to the practices described in this policy. Please review this policy carefully.
Information We Collect
Information Collected Upon Registration
Mybookback.com collects a variety of different information, primarily through registration on one of our sites.
Information Collected Through Our Web Site
Mybookback.com also collects standard information when you visit our Web site. For example, we collect your IP address, which is a number that can be used to identify your location and Internet service provider. We also collect the URL, the full address of a Web Site page, which may contain some personal or identifying information about you, which sites you visited before visiting our site and the URLs you visited while on our site. We use cookies, which are strings of text and numbers that can identify your computer to us and which may be correlated with identity information in our log files, when you visit our site.
How We UseThe Information
Our Use of Information
We use the information we collect to operate the Mybookback.com service by providing personalized content, advertising, and commercial messages (collectively, "Content") to you. We may also use the information we collect to send you information about our service and to keep you informed about various products, services and special promotions which might be of interest to you. In addition, we may use the information to allow companies providing selected services through our site to contact you regarding their services.
Our Use of IP Addresses
We use your IP address to help diagnose problems with our server and to administer our Web site. IP addresses may be disclosed to a third party if Mybookback.com believes in good faith that the law or legal process requires it, or to protect the rights or property of Mybookback.com or others.
Our Use of Cookies
We use cookies to deliver content specific to your interests, among other purposes. As discussed in the next section, we may elect to use a third-party advertising company to display ads through our service. These advertisements may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by our advertising company, and we may not have access to this information. Likewise, some of our partners may use cookies. We do not control their use of cookies but may have access to the information contained in or related to those cookies.
Our Policy Regarding Links and Other Web Sites
Our Web site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites.
Our Policy Concerning International Users
If you are an international user, by registering with Mybookback.com and using the service, you agree that Mybookback.com may collect, use, and transfer information about you as described in this Privacy Policy.
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OWNERSHIP OF THE WEBSITES
Copyright © Mybookback.com 2008. All Rights Reserved. The Website and its content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of Mybookback.com, and are protected by international copyright and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content.
DIGITIZED ACCESS AGREEMENT
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING THE SYSTEM. BY ACCESSING THE SYSTEM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, DO NOT ACCESS THE SYSTEM. YOUR USE OF THE SYSTEM IS SUBJECT TO AND CONTINGENT ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
ACCESS AGREEMENT
THIS AGREEMENT (the "Agreement") is hereby entered into between this service, ("Host") and the person executing this Agreement ("You"). The following terms and conditions apply to your use of this Internet system (the "System")
1. ACCESS TO THE SERVICE
Mybookback.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Mybookback.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Mybookback.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only. You may also create a hyperlink to the home page of Mybookback.com sites so long as the link does not portray Mybookback.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Mybookback.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Mybookback.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "Mybookback" as the source, (d) your use or display does not suggest that Mybookback.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Mybookback.com systems. Mybookback.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Mybookback.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Mybookback.com.
2. ACCEPTANCE OF TERMS
Mybookback.com provides its service (a collection of online resources, including classified ads, forums, and various email services) to you subject to the subsequent Terms of Service ("TOS"). Please be aware that our TOS may be updated or changed at anytime without notice to you. Our most current version is always available on line which can be accessed from any page. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with Mybookback.com in any way, your only recourse is to immediately discontinue use of Mybookback.com. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at:
http://www.Mybookback.com/content/terms_of_service
3. DESCRIPTION OF SERVICE
Mybookback.com provides its users with a way to search for books or journals. These products can then be purchased by users. Users agree that Mybookback.com does not purchase or sell any books or journals. Everything is handled by the users. Users must agree that there is no monetary transaction dealt with at Mybookback.com.
Users can post which books they would like to sell. The public can browse the collection of books and contact the seller of the book via phone or email about purchasing the book.
You also agree that the Service may include advertisements. These advertisements are essential for Mybookback.com to provide the Service which is free of charge. You also agree that the Service may incorporate communications from Mybookback.com. These communications include announcements and our newsletter. You agree that these communications are deemed part of Mybookback.com membership.
You agree that any new details that change the current Service, including the release of new Mybookback.com properties, shall be subject to the TOS. You agree that the Service is supplied "AS-IS", and that Mybookback.com takes no responsibility for any contracts made by its users regarding the purchasing of books or journals.
By agreeing to the TOS you realize that you are responsible for obtaining access to the Service, and that access could involve third-party fees. (fees such as Internet service provider). Mybookback.com is not responsible for those fees; you are responsible for those fees.
4. CONTENT
You recognize that everything you may upload to Mybookback.com including, messages, sounds, files, photos, images, videos, or any other thing considered "Content" posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content came from. In particular, you are entirely responsible and liable for any and everything you may post, email or otherwise make obtainable via the Service. You recognize that you may at times be exposed to offensive behavior from other users and not from Mybookback.com because Mybookback.com does not control, and is not responsible for Content made available through the Service. Furthermore, the Mybookback.com website often links to other third party websites via advertisements and other links and is not responsible for their content or completeness or legitimacy of the information contained in any such site. Your linking to any other websites is at your own risk (MYBOOKBACK.COM WILL NOT BE RESPONSIBLE FOR THEIR CONTENT)!
You agree that you must assess, and accept all risks associated with, the use of any Content.
Mybookback.com does not pre-screen any content on our website before it can be made public. If Mybookback.com is made aware of inappropriate Content, than it will be removed. You acknowledge that Mybookback.com does not pre-screen Content, but that Mybookback.com has the right (but not the obligation) in its sole judgment to reject, remove or move any Content that is available via the Service, for violating the Terms of Service.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Mybookback.com website and Content obtainable through the Service may have features and functionalities that may link you or provide you with access to third party content which is completely independent of Mybookback.com, including web sites, applications, servers, programs, systems, products or services, directories, software, networks, information and databases, and the Internet as a whole.
Your communications with organizations and/or third party connections found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever examination you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You consent that Mybookback.com shall not be accountable or responsible for any loss or damage of any sort incurred as the result of any such transactions. This includes monetary or other cases such as books, computers, ect. If there is a difference of opinion between participants on this site, or between users and any third party, you understand and agree that Mybookback.com is under no responsibility to become involved. In the event that you have a dispute with one or more other users, you hereby release Mybookback.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. YOUR REGISTRATION REQUIREMENTS
You agree that you are of legal age to enter into a binding contract. You also must agree that you are not a person banned from receiving services under the laws of the United States or other appropriate authorities.
You also agree to:
(a) provide completely truthful information about yourself as prompted by the Service's registration form on the registration page
(b) update the Registration Data when ever necessary to keep it truthful. If you provide false information in anyway Mybookback.com has the authority and right to suspend or terminate your account. Mybookback.com also can refuse to offer any or all of its services to you if you have been found providing false information in anyway.
7. Mybookback.com PRIVACY POLICY
You agree that you have read and understand our privacy policy regarding your personal information. It can be accessed from every page on the website.
Mybookback.com has a written Privacy Policy. Mybookback.com’s Privacy Policy was written to explain to users how and why their information is collected. It can be found at:
http://www.Mybookback.com/content/privacy_notice/
Your use of the Mybookback.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further agree that Mybookback.com may, in its sole discretion, safeguard or reveal your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Mybookback.com, its users or the general public.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You agree that you will be given a user name and password after you agree to the TOS. You also agree that you are responsible for maintaining the confidentiality of the username and password. You also agree that you are responsible for all the activities associated with your account.
You agree to notify Mybookback.com of any unauthorized usage of your account, and log off from your account after each session. Because you have agreed with the TOS, Mybookback.com can not be held accountable or liable for any damage arising from your failure to meet the TOS agreement. YOU ARE STRICTLY LIABLE FOR ALL ACTIVITY USING YOUR USER ID AND ACCOUNT.
9. MEMBER CONDUCT
You recognize that all information, data, text, messages, or other content (whether publicly posted or privately transmitted) are the solitary responsibility of the individual from whom such content originated. Again, you are completely responsible for all content that you upload, post, and/ or email. Mybookback.com does not control the content of the information being posted at anytime. Because of this Mybookback.com does not guarantee the integrity or truthfulness of the content.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is, hostile, abusive, vulgar, malicious, harmful, obscene, unlawful, invasive of another's privacy, hateful, or racially, or otherwise unlawful.
You agree to not use the Service to:
harm minors in any way; impersonate any person, and/ or stalk any person, contact anyone who has asked not to be contacted, collect personal data about other users for commercial or unlawful purposes,
You agree not to post, email, or otherwise make accessible Content:
A: that is false, unreliable, disingenuous, deceitful, or misleading in nature.
B: with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
C: that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
D: that violates the Fair Housing Act by claiming, in any note or ad for the sale or rental of any residence, a biased or discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
E: that has software viruses or worms or any other computer code, files or programs designed to disrupt, break or limit the functionality of any computer software or hardware or telecommunications equipment;
F: that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
G: that impersonates any person or entity, including, but not limited to, a Mybookback.com, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
H: that composes or includes any type of advertising or solicitation if: posted in areas of the Mybookback.com sites which are not designated for such purposes; or emailed to Mybookback.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
I: that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
J: that includes personal or identifying information about another person without that person's explicit consent;
K: that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
L: that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
M: that includes links to commercial services or web sites, except as allowed in "Services";
N: that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Georgia law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
O: that is pornographic or depicts a human being engaged in actual sexual conduct
Furthermore, you agree not to:
1) use computerized, automated, or mechanical means, including crawlers spiders, data mining tools, crawlers, robots, or the like to download data from the Service - unless expressly permitted by Mybookback.com;
2) post non-local or otherwise irrelevant Content, frequently place the same or similar Content or otherwise impose an unreasonable or excessively large load on our infrastructure;
3) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
4) attempt to gain unauthorized access to Mybookback.com’s computer systems.
5) use any form of automated device or computer program that enables the submission of postings on Mybookback.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
10. INDEMNITY
You agree to indemnify and hold Mybookback.com and its subsidiaries, employees, and licensors harmless from any claim demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Mybookback.com’s resources, you may not use a Posting Agent to post Content to the Service without express permission. Likewise, Posting Agents are not allowed to place Content on behalf of others except with express permission from Mybookback.com.
12. NO SPAM POLICY
You recognize that sending unsolicited email advertisements to Mybookback.com users via the contact buyer links is expressly prohibited by these TOS.
13. PAID POSTINGS
Mybookback.com may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and agreement with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.
14. LIMITATIONS ON SERVICE
You recognize that Mybookback.com may establish limits about use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the rate with which you may access the Service. You agree that Mybookback.com has no responsibility or liability for the removal or failure to store any Content maintained or transmitted by the Service. You acknowledge that Mybookback.com reserves the right at any time to alter or suspend the Service (or any part thereof) with or without notice, and that Mybookback.com shall not be liable to you or to any third party for any alteration, suspension or discontinuance of the Service.
15. MODIFICATIONS TO SERVICE
You agree that Mybookback.com holds the right at any moment in time to alter or terminate, (momentarily or permanently,) its services with or without notice. You agree that Mybookback.com shall not be legally responsible to you or to any one else because of the alterations or terminations (momentarily and permanently) of its services.
16. PROPRIETARY RIGHTS
Although Mybookback.com does not declare ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Mybookback.com an binding, permanent, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
17. TERMINATION
You agree that Mybookback.com may, under certain conditions, immediately terminate your Mybookback.com account. The subsequent causes for termination include, but may not be limited to,
(a) violations of the TOS or guidelines in anyway or form,
(b) a request by user,
(c) requests government agencies. Termination of this Agreement will cease your ability to access or use the On-Line Services. Further, you agree that Mybookback.com.com shall not be liable to you or any third-party for any termination of your access to the Service.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYBOOKBACK.COM.COM BE LEGALLY RESPONISBLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYBOOKBACK.COM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE MYBOOKBACK.COM WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYBOOKBACK.COM WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYBOOKBACK.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE MYBOOKBACK.COM WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYBOOKBACK.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE MYBOOKBACK.COM WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURSIDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTIONS< SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE
As a user of this web site you acknowledge that you are using it at your sole risk. Mybookback.com assumes absolutely no responsibility or liability for the services offered in connection herewith, including without limitation, any and all problems that may occur during the transaction or use of this service. Without limiting the foregoing, Mybookback.com assumes absolutely no responsibility or liability for any failure by a user of this service to deliver a book or any other item to the other user of this service, any failure to pay for any exchange occurring in connection with this service, the quality or any misrepresentation with respect to the quality of any items exchanged in connection with this service, or any representations whatsoever by a user to another use with respect to any item(s) exchanged in connection with the service, any incidents that may arise during the exchange of or delivery of items transferred to a party in connection with this service. It is suggested that you only meet in high traffic public places during daylight hours to avoid any problems. Also, be aware that textbooks used for a course one semester may not be used again the next semester. Before purchasing a textbook, check with your professor or course syllabus to ensure that it is going to be used. If you purchase a textbook that is not going to be used, Mybookback.com assumes no responsibility on behalf of the buyer or seller. Also, textbook condition is a subjective measure. Look through the textbook and ensure that it is in a condition you wish to purchase and use. Booklists, course information, prices and availability information are subject to change at any time without notice. MYBOOKBACK.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMI-TATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MYBOOKBACK.COM or any of its directors, employees, merchants, content providers or any other party involved in the creation or maintenance of this site OR ANY OF their RESPECTIVE AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO THIS AGREEMENT.
Your use of these On-Line Services is governed by and conditioned on your consent to this Agreement. You agree that You have reviewed this Agreement to your satisfaction. By registering with the site, you agree to be bound by this Agreement, just as if you had signed it in pen and ink.
The Host ("Mybookback.com") is not affiliated in any way with applicable colleges and universities, its member institutions or any of their affiliates. The reviews, ratings, comments and other content posted to this site by parties other than the Host are solely the opinions of the author and do not reflect the views of the Host. The Host does not control the control the content on this Site and any opinions, advice, statements, services, offers or other information or content presented or disseminated as part of such reviews are those of their respective authors who are solely liable for their content. The Host and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted in any review. The Host expressly disclaims responsibility for the content posted by any author other than Host.
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PRIVACY POLICY
Mybookback.com ("Mybookback.com") is committed to protecting your privacy. This is our policy regarding the protection and dissemination of information that we gather online. By using our service, you are consenting to the practices described in this policy. Please review this policy carefully.
Information We Collect
Information Collected Upon Registration
Mybookback.com collects a variety of different information, primarily through registration on one of our sites.
Information Collected Through Our Web Site
Mybookback.com also collects standard information when you visit our Web site. For example, we collect your IP address, which is a number that can be used to identify your location and Internet service provider. We also collect the URL, the full address of a Web Site page, which may contain some personal or identifying information about you, which sites you visited before visiting our site and the URLs you visited while on our site. We use cookies, which are strings of text and numbers that can identify your computer to us and which may be correlated with identity information in our log files, when you visit our site.
How We UseThe Information
Our Use of Information
We use the information we collect to operate the Mybookback.com service by providing personalized content, advertising, and commercial messages (collectively, "Content") to you. We may also use the information we collect to send you information about our service and to keep you informed about various products, services and special promotions which might be of interest to you. In addition, we may use the information to allow companies providing selected services through our site to contact you regarding their services.
Our Use of IP Addresses
We use your IP address to help diagnose problems with our server and to administer our Web site. IP addresses may be disclosed to a third party if Mybookback.com believes in good faith that the law or legal process requires it, or to protect the rights or property of Mybookback.com or others.
Our Use of Cookies
We use cookies to deliver content specific to your interests, among other purposes. As discussed in the next section, we may elect to use a third-party advertising company to display ads through our service. These advertisements may contain cookies. While we use cookies in other parts of our Web site, cookies received with banner ads are collected by our advertising company, and we may not have access to this information. Likewise, some of our partners may use cookies. We do not control their use of cookies but may have access to the information contained in or related to those cookies.
Our Policy Regarding Links and Other Web Sites
Our Web site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites.
Our Policy Concerning International Users
If you are an international user, by registering with Mybookback.com and using the service, you agree that Mybookback.com may collect, use, and transfer information about you as described in this Privacy Policy.
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OWNERSHIP OF THE WEBSITES
Copyright © Mybookback.com 2008. All Rights Reserved. The Website and its content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of Mybookback.com, and are protected by international copyright and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content.
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