- "the Site", "us" or "we" hereunder refers to the Spin a Book website operated at spinabook.com, including any products or any other services supplied by or within it and its owners, operators, managers, employees and any related representative, as it may be relevant.
- "You" hereunder refers to any user or viewer of the Site.
Registration and Use of the Site
- Use of the Site: The Site allows users to download digital books and content. The Site may have free access content as well as content that might require registration in order to enjoy such content and services. You will be charged a fee to register with our services. In addition to registration, certain services, documents, products and various other content that may only be used by you, if you pay the respective cost and fees for those items.
- Subscription Agreement: You may sign up for a membership ( a "Library Membership") to the Site that will allow you unlimited access to all digital books on the site. We reserve the right to exclude certain books from the Library Membership. We reserve the right to cancel any Library Membership at anytime for any reason. We will notify you of a cancellation of your Library Membership. You will not be charged for our services after your Library Membership is canceled.
- Product Purchase: You may select to purchase a digital book or content separate from any membership (a "Purchase"). A Purchase entitles you to a one-time download of one (1) book. After selecting the Purchase, you will be directed to the payment processing section of the Site before you will be able to download the Purchase. Once you have downloaded the Purchase be sure to save a copy of the downloaded content. In order to download a second copy of your purchase, you will need to provide us with the transaction identification number of your purchase.
- Refunds: No refunds will be made after a Purchase is complete.
- Data upon transaction: If you choose to perform any transaction on the Site (such as downloading a free book, purchasing any of our items or performing any other activity, you agree to provide us with true, accurate and complete information about yourself ("User Data") as will be required by the relevant page, you agree to maintain and promptly update your User Data and any other information that you provided us and to keep it accurate and complete. The Site will use your User Data to tailor the best possible service suited to your needs, to better serve you with relevant updates, offers and generally make use of the Site as useful and efficient as possible.
- Inaccurate Information: If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and may refuse any and all current or future use of our Site of any kind or portion thereof.
- Use by Children: CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE AND ANY OF ITS SERVICES as it may include content and materials not appropriate for them. Children between the ages of 13 and 18 may only use the Site with their parents' or guardians' permission. By using the Site, Children ages 13 to 18, acknowledge and agree that they have their parents' or guardians' permission.
- Confidentiality of User Data: It is your sole responsibility to maintain the confidentiality of your password and registration information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your registration, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user registration, even if not conducted by you. You agree to immediately notify us of any unauthorized use or any other breach of security known to you. We may lock your registration immediately upon suspicion of such unauthorized use, and no such activity shall be considered damaging to you in any way or entitle you to any right or remedy against the Site.
- Customer Contact: From time to time we may contact you, requesting that you send us certain materials, such as reviews, records of your progress, personal stories, pictures of yourself, etc. (hereby "Reviews"). You are not obligated in any way to supply us with any Review. But please note that should you decide to send us any Review, you give us license of the same scope as detailed in the License you supply us with User Content as described below.
- Personal use only - limited license to use: The Site is for the personal and legitimate use of any person, solely on your computer and for your personal, non-commercial use only. This permission is conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth here or on the Site. As such, we grant you a limited, non-exclusive, non-transferable, right to access, use and display the Site and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. Use of any and all materials or products supplied to you by the Site is solely for your private use, and you may not sell or give them to anyone else for their use. The Purchase of any and all such materials from the Site does not transfer to you any title or rights in such materials and works. You may also not sell them or transfer them for free to anyone else.
- Responsibility for User Content: You are solely responsible for all the content that you post, email, upload, publish, display or otherwise transmit to or on this Site, whether publicly posted or privately transmitted, to the Site or to other users of it, including any Review (collectively, the "User Content"). You represent and warrant to us that you are the owner of your User Content. You are solely responsible for your User Content and the Site can and is not responsible for such content. We do not control any User Content posted, emailed, uploaded, published or otherwise transmitted on or to the Site. Therefore, we do not and cannot guarantee the accuracy, integrity, suitability, appropriateness or quality of such User Content. We may, but are not obligated to, review any User Content and may edit, delete or remove (without notice) any User Content in our sole discretion, for any reason or for no reason. Please note that we do not systematically monitor such content and do not undertake to.
- Forbidden conduct guidelines: The following is a non inclusive list of the kinds of User Content and conduct that are forbidden on the Site. Any activity which is not in accordance to the terms below, may limit your privilege to use the Site and its services. Content or conduct that:
1. Is offensive or may promote racism, hatred or harm of any kind against any group or individual;
2. Furthers or promotes any criminal conduct or misconduct or provides instructional information about illegal activities of any kind;
3. Harasses, stalks or advocates harassment, stalking or harmful in any way to another person or group of individuals;
4. Is presented as a professional, medical, dietary or other advice;
5. Contains offensive or inappropriate nudity, violence, or any other offensive subject matter;
6. Contains libelous, abusive, obscene, discriminatory or otherwise objectionable information;
7. Provides telephone numbers, addresses, last names, URLs, email addresses or any other personal or private information of any other person or entity;
8. Promotes false or misleading information or content;
9. Acting in or promoting any unauthorized use of intellectual property protected content (either registered or not registered, whether copyrighted, trademarked, patented or protected in any other way), posting any trade secrets or otherwise confidential information, assisting such behavior by providing pirated works or links to them, providing information to circumvent manufacture-installed copy-protect devices, etc.;
10. Uploading, posting, emailing, transmitting or otherwise making available any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation.
11. Any automated use of the Site, including but not limited to posting of any content or automated "harvesting" of information;
12. Interfering with, disrupting, or creating an undue burden on the Site, the networks connected to it, any of its users or the flow of information and discussion within the Site;
13. Displaying an commercial advertisement, either textual, graphical, audio-visual or in any other form or any other commercial use which is not sanctioned by the Site;
14. Using the Site in a manner that is inconsistent with any and all applicable laws and regulations, interferes with or disrupts the Site or servers or networks connected to it or disobeying any requirements, procedures, policies or regulations of networks connected to the Site; or
15. Using or accessing the Site by any other manner or interface, different from the one supplied to you by the Site.
16. Using any service or material or product which the Site supplies subject to payment, without paying the Site the requested price;
17. Impersonating any identity or user who is not you or presenting yourself as a representative of the Site or as a medical professional, while you are not one.
18. Acting in any other negative manner the Site may considered to be un-reasonable, troublesome or offending in any way, at its sole discretion;
19. Giving, transferring, selling or in any other way exposing to others any materials, in digital or printed for, you receive from us.
- Right but no duty to investigate and monitor: We undertake no responsibility for monitoring the Site for whatever content or reason. However, we reserve the right, but not the duty, to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing any offending content from the Site without notice. If you believe you have been wronged by anything contained within the Site or that some User Content is inaccurate, inappropriate or harmful in any manner please let us know by reporting any such content using the "Contact Us" page. Please note that we do take such notices seriously but we do not undertake to act upon any notice whatsoever, unless it is properly filed, includes all relevant information and allows us to act upon it. Please note that any area in the Site which holds User Content or any other private or public messaging between users is not confidential.
Proprietary Rights and Intellectual Property
- We respect third parties' rights: We respect any and all rights of third parties, including intellectual property rights. We hereby prohibit any user from uploading, posting or otherwise transmitting on the Site any materials that violate another person's rights or law.
- User Content: We claim no ownership or control over any User Content submitted, posted or displayed by you or any third party on the Site. You retain all patent, trademark, copyright and any other right to any content you submit through the Site and you are responsible for protecting those rights, except the non-exclusive license you grant us to use such User Content. Also please take note that at certain times we may send you, to the postal address you supply us with, shirts, printed or other materials.
- Warranty and license in User Content: You undertake and warrant, by posting or submitting in any way any User Content to the Site, that:
1. You own all rights in the User Content posted or hold the right to grant us license as set below and that granting such license does not breach any law or third party right.
2. Such User Content and its publishing does not breach any third party's right, any law, is not misleading, incorrect or may raise any claim of action against us.
3. You automatically grant us and our successors or assignees irrevocable, perpetual, non-exclusive, no-charge, royalty-free, worldwide, assignable, transferable license (as well as consent) to reproduce, repurpose publicly display, publicly perform, publish, sub-license, broadcast, prepare derivative works, modify, edit, adapt, translate, use, store, distribute, publish, create derivative works, translate, make available to the public, derive revenue or other remuneration from or otherwise exploit in any media or technology (current or future) such User Content (in whole or in part), as we see fit, including but not limited to any use of User Content as advertisement material, testimonials, etc.. You also permit any users of the Site to act as is allowed by these Terms regarding your User Content, and view, access, store or reproduce the User Content for that user's private use. You further grant us the right to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms. You hereby forever waive any and all of your moral rights in User Content (including rights of attribution or integrity), if applicable. You have no objection to the publication, use, modification, deletion and exploitation of the User Content by us or our licensees, successors and assignees;
- Protected and copyrighted material on the Site: The Site contains copyrighted, trade-marked, patented or otherwise protected material, confidential and other proprietary information, including, but not limited to, text, recipes, methods, processes, software, photos, video, graphics, music, sound, data base, etc., which belong to the Site or to their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, use in any other way (but as permitted by the above license and solely this way) or in any way exploit, any of the content, in whole or in part. You may specifically not conduct any such transaction regarding any material you receive from the Site, digital, printed or otherwise.
- You acknowledge and agree that you do not acquire any ownership rights or title of any kind by downloading, reading, purchasing products receiving documents or using in any other way copyrighted material.
- Notification of Suspected Copyright Violation: If you believe that your work has been misappropriated, copied and/or posted on the Site, in a way that constitutes copyright or other intellectual property infringement, please email our Copyright Agent at Email: firstname.lastname@example.org with the subject line : Copyright Notice. You may also send your complaint using our "Contact Us" page. In your notice please include the following information
(a) A description of the work that you claim has been infringed;
(b) A description of where the material that you claim is infringing is located on the Site;
(c). Your contact details, including address, telephone number, and email address;
(d) 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;
(e) Another written 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.
(f) An electronic or physical signature of yourself or of the person authorized to act on behalf of the owner of the copyright interest;
- Once your notice is submitted, we may send it to the poster of the relevant work for her comment. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Should we receive a counter-notice, we can choose not to act anymore unless we receive an authorized court order directing us exactly how to respond.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or any material or work within.
Site Changes, Amendment and Termination
- Change of services and the Site without notice: As we strive to continually better the Site and supply better services toy you, we may alter and change any service or any other element of the Site with no prior notice and you hereby acknowledge and agree to any such change.
- We may, at our sole discretion, modify these Terms or any part thereof in any manner from time to time. In such a case, we will post the amended Terms on this page and indicate of the date these Terms were last revised. You agree to be bound to any amendments of these Terms when you use the Site after any such notice of modification is posted. If you do not agree to abide by the amended Terms, do not use or access (or continue to use or access) the Site. Any continued use shall constitute acceptance of these Terms as amended.
- If you do not comply with these Terms at any time, we reserve the right to suspend or terminate your password, user account, use of any of the services and/or access to this Site (or any part thereof).
- We may terminate any service supplied by the Site and/or prohibit any user or IP from using or accessing the Site for any reason, or no reason, at any time in our sole discretion, with or without notice. If such user has already paid for our services, her sole remedy is the repayment of the amount paid for the period that have not yet commenced at the time of termination.
- We may also terminate all or any of our operations and/or Site itself, all or any part thereof, permanently or temporarily at our own discretion. We do not issue any warranty for continuance of any part of the Site and may terminate any or all of it at our own discretion, without notice and at any time. If at such time you had already paid for future services, your sole remedy is the repayment of the amount paid for the period that have not yet commenced at the time of termination.
- Any such termination might cause the deletion of any and/or all content on the Site and we will not undertake to notify you of such occurrence in advance or preserve any back-up copy.
- No warranties: We do not and cannot make any warranties, express or implied, as to the content or to the accuracy and reliability thereof. You are to verify the validity, accuracy, relevancy and any other attribute of any relevant content yourself, and we urge you NOT to use any such content unless you have done so. NO ADVICE OR INFORMATION, OBTAINED FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS
- "AS-IS" BASIS: THE PRODUCTS, SERVICES, OFFERINGS, MATERIALS AND ANY OTHER CONTENT INCLUDED IN OR SUPPLIED BY THIS SITE ARE PROVIDED "AS IS" AND "AS-AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
- USE IS YOUR RESPONSIBILITY: ANY USE OF ANY PRODUCT, OFFERING, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR FROM THE COMPANY OPERATING THE SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITY.
- NOTHING CONTAINED IN THIS SITE IS TO REPLACE A MEDICAL OR DIETARY ADVICE OR DIAGNOSIS. THE INFORMATION, REPORTS AND OTHER PRODUCTS INCLUDED OR SUPPLIED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
- No warranty for technical issues: We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, browsers, virus and malicious codes or traffic congestion on the Internet or on any of the Site or combination thereof. We do not warrant or that this Site or any function contained in it will be uninterrupted or error-free or that such defects will be corrected. Under no circumstances, shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and any of its services.
- No responsibility for advertisements: We assume no responsibility for third party advertisements which might be included in the Site, nor do we take any responsibility for the goods or services provided by its advertisers or to any warranty or undertaking detailed in such advertisement.
- No responsibility for conduct of our users: We cannot and are not responsible for the any conduct or misconduct, whether online or offline, of any of our users.
- No responsibility for back-up: We may use a backup system for our own purposes, but users are requested to keep copies of any content posted or appearing on the Site. Deletion of such content or lack of back-up acceptable by you, and may not give rise to any responsibility by us.
- No support: We do not provide any support of any kind. Sorry.
Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SITE, ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR ANYONE ON THEIR BEHALF BE LIABLE TO YOU, ANY OTHER USER OR THIRD PARTY FOR ANY LIABILITY OF ANY KIND OR BASED ON ANY THEORY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR ANY OTHER KIND OF DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, SERVICES OR CONTENT, ACCESSED THROUGH, UPLOADED TO, DOWNLOADED FROM OR PURCHASED FROM THE SITE, EVEN IF WE ARE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, WARRANTIES OR CONDITIONS TO CERTAIN KINDS OF DAMAGES. THEREFORE, THE ABOVE LIMITATION OF LIABILITY SHALL APPLY ONLY AND AS FAR AS IT IS LAWFUL IN YOUR JURISDICTION. IN ANY OTHER JURISDICTION OR WITH RELATION TO ANY OTHER DAMAGE, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY 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 US ANY FOR ANY SERVICE IN THE PREVIOUS 3 MONTHS, BUT IN NO CASE WILL OUR LIABILITY EXCEED 1,000 USD.
- YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION OR ANY KIND OF DAMAGE.
- You shall indemnify and hold the Site, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Site, Application or any of the content , in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site causes us to be liable to another.
- By using the Site or the services in any manner, you agree that in any dispute about or involving the Site or any of the services shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue solely in the competent courts in the district of Tel Aviv Jaffa.
- Either the Site or you may demand that any dispute must be settled by arbitration utilizing the dispute resolution procedures of the Israeli Institute of Commercial Arbitration in Tel Aviv, Israel, provided that the foregoing shall not prevent the Site from seeking injunctive relief in a court of competent jurisdiction. Upon such demand, this article will be regarding as an arbitration article in accordance with the Israeli Arbitration Law, 1968. The arbitrator will be subject to the Israeli law and to the procedural rules set by the Israeli Institute of Commercial Arbitration in Tel Aviv. The location of the arbitration shall be in Tel Aviv or an adjacent city.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, these Terms or any other claim related to the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred and considered limited.
- Whole agreement: These Terms constitute the entire agreement between us and any user of the Site regarding any kind of use of the Site.
- No waiver of rights: Failure of the Site to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- Titles: The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Terms for the fullest extent: These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Transfer of database: The site may transfer, sell or allow access to any of its database and/or business with no need to supply any notice or prior notice whatsoever, at our sole discretion.