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General Terms and Conditions

PDF-Icon General Terms and Conditions

Date of last revision: January, 2012

Preamble

Following are the General Terms and Conditions (the “Terms”) applicable to all users of the bookrix.com website, irrespective of whether you are an author, reader or otherwise use the bookrix.com website. Please also carefully read our Privacy Policy, which is incorporated into these terms by reference. It provides you with important information regarding the data we collect and how we process and use it.

If you upload a book or other work that can be purchased through BookRix, you will also have to enter into an author agreement. The author agreement will be entered into at the time you choose your various options regarding how and in what form your book will be published, either as an eBook, as a print-on-demand book or both.

You should read these Terms, the privacy policy and also the author agreement carefully, if you upload a book for sale. Please take your time reading and understanding these documents. It is important for you and BookRix that there are no misunderstandings. For legal reasons, BookRix must put certain conditions on our dealings with both users and authors and these conditions are contained in the Terms, the privacy policy and the author agreement. If you do not want to be bound by these Terms, you should not register or use the BookRix website. The same applies if you are not in agreement with the privacy policy or the author agreement.

After completing your registration, the system will automatically confirm your registration by sending a confirmation e-mail to the e-mail address you specify during registration. This confirmation is created automatically and contains a link allowing you to activate your BookRix account. We hope you will enjoy BookRix!

Having made the statements above, the clauses set out below apply:

GENERAL TERMS AND CONDITIONS

Definitions In case the terms which are displayed in bold below are used within these Terms (including the Preamble), such terms have the meaning respectively ascribed to such terms below:

Access Data
username and the respectively valid password;
Account
the personal domain created by the User which enables the User to log in on BookRix, to upload, to make available to Third Parties and/or to publish Content;
BookRix or Service
the online-platform (portal) operated under the domains www.bookrix.de, www.bookrix.com, www.bookrix.net and www.bookunity.com including their respective subdivisions (sub-domains) and aliases as well as any Content available and/or retrievable on or under the domains www.bookrix.de, www.bookrix.com, www.bookrix.net and www.bookunity.com including their respective subdivisions (sub-domains) and aliases;
Code of Conduct
the rules which have been designed by BookRix in order to promote regardful and amicable contact among Users;
Content(s)
information, text, pictures, graphics and/or other data regardless of their form (for example text, picture, sound) and function (for example books, comments, statements made within groups);
Terms
these general terms and conditions;
BookRix
BookRix GmbH & Co. KG, Munich, Germany, as well as any of its subsidiaries and/or affiliates
Reader(s)
any person or legal entity accessing BookRix or retrieving Content from or under BookRix without being a Registered User;
Registered User(s)
any person, company, partnership, cooperation, corporation, trust or other legal entity which has completed and sent the electronic registration form on BookRix;
Third Party
any person, company, partnership, cooperation, corporation, trust or other legal entity which is not a party to the contractual relationship between BookRix and the User (therefore, the term "Third Party" includes, but is not limited to, other Users);
to upload
to upload, set up and/or save on BookRix;
Uploading
uploading, setting up and/or saving on BookRix;
User(s)
Registered User(s) and Reader(s)

 

1. Scope

1.1. Users accept these Terms by using the BookRix Service and/or the BookRix website. These Terms govern the relationship between BookRix and User and they are binding on both BookRix and each User. Users who do not agree with these Terms must not use the BookRix website or the Service. Users should not register with BookRix if there is any disagreement with these Terms.

1.2. In addition, in case certain particular services are used, with respect to such particular services special rules may apply. If and to the extent special rules apply with respect to a particular service, such special rules will be submitted and/or made available to User prior to the use of the special service.

1.3. Third Parties are neither included nor protected by the contractual relationship between the User and BookRix unless these Terms explicitly provide otherwise.

1.4. Users shall not permit Third Parties to use eBooks created on and/or uploaded to BookRix and/or other data, information, graphics or other Content which has been processed on or by BookRix in any form for industrial or commercial purposes and shall not permit Third Parties to publish such eBooks on other systems, servers or other media unless such disclosure and/or publication is carried out via the embedding code provided by BookRix available in “My Books” (“Promotion Tools”) and on the “Book Detail Page”.

 

2. Registration, Provision of Personal Data; Access Data

2.1. The User represents and warrants that all information provided during the registration process is true and complete. The User shall, as necessary, update all data provided during registration when such data changes. Users are prohibited from using false identities, aliases or the identity of any Third Party or to use a User Name or Password belonging to any other person. At its sole discretion, BookRix has the right to verify all registration data, itself or through any agent, third party or otherwise, to assure the truthfulness of the registration data.

2.2. The User may change his or her password at any time. The User shall maintain all Access Data in strict confidentiality and shall take all reasonable steps to keep the Access Data secret. In cases where a User knows or suspects that Access Data has been compromised, the User shall immediately inform BookRix by email.

2.3. Users shall maintain no more than one account. In case BookRix suspends or cancels an account in accordance with these Terms, the User is not permitted to open a new account.

2.4. These Terms do not provide for if and to what extent Third Parties are permitted to read, alter and/or use Content uploaded, revised, made available and/or published on or via BookRix by the User. EBooks which the User has created on and/or uploaded to BookRix may be saved on BookRix pursuant to these Terms only and may be made available to Third Parties on BookRix or via BookRix through the embedding code provided in “My Books” (“Promotion Tools”) and on the “Book Detail Page”.

2.5. These Terms apply to all uses of the BookRix website and Service, irrespective of whether such use requires a user to be logged into an account or whether the use is of functions on the BookRix website that do not require registration or login.

 

3. Availability

3.1. Users have no implied right to use the Service or BookRix website. BookRix reserves the right to delete or hide Content uploaded by a User at any time at BookRix’s sole discretion. In addition, the terms of the author agreement apply to all Content that has been uploaded by a User for sale through BookRix.

3.2. BookRix does not warrant or guarantee that the BookRix website and/or the Service shall be available without interruption. BOOKRIX MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE BOOKRIX WEBSITE SHALL AT ALL TIMES OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET THE USERS’ EXPECTATIONS OR PURPOSES. BookRix may in its discretion modify any of the features, availability, operation and/or format of the BookRix website and BookRix is under no obligations to give notice of such modifications to the Users.

3.3. BookRix, at its sole discretions, may remove any and all materials and/or Content that BookRix considers inappropriate, illegal, offensive, potentially or actually harmful or which in any manner negatively affects the operations of the BookRix website or Service. BookRix may, at its sole discretion, remove Content and/or ban Users who violate any policy of BookRix or these Terms. BookRix shall have no liability with respect to any damages, delays, deletions, transmission failures or other errors that occur during any communications between the User and BookRix or between the User and Third Parties.

3.4. Neither the deletion nor the blocking of Content nor the temporary or final closing down of BookRix gives rise to any claims of the User against BookRix.

 

4. Content and Scope of Rights

4.1. The User has full responsibility for any information, data, graphics, text and other Content which the User uploads, revises or communicates, publishes and/or makes otherwise available over or discloses via BookRix to Third Parties. BookRix neither controls such information, text, data, graphics and other Content nor does BookRix adopt them as its own.

4.2. The User hereby expressly represents and warrants that the User has the right to upload and/or revise any Content uploaded and/or revised by the User and that such uploading and/or revision does not violate the rights of Third Parties.

4.3. BookRix expects that all Users treat each other in a respectful and friendly way. To this end BookRix has drafted the Code of Conduct which all Users must comply with. In case a User violates the BookRix Code, BookRix has the right, at its sole discretion, to cancel such User’s account and terminate the relationship, including termination of the author agreement, if any. Such termination shall not require prior notice and shall result in the deletion of the User’s account as well as all Content uploaded by the User.

4.4. The User agrees not to use the BookRix website or the Service to:

  • upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America be considered unlawful, pornographic, obscene, threatening, harassing, tortious, defamatory, libelous, an invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America be considered harmful to minors
  • disseminate "spam;"
  • interfere with the operation of the BookRix website in any manner, including without limitation through the use of viruses, Trojan horses, worms or any other programs or technology designed to disrupt or damage software or hardware;
  • harvest e-mail addresses or other User information or to monitor the activity on the Site through any technological device, including without limitation the use of robots, crawlers and/or spiders; or
  • impersonate or spoof any other User or Third Party or any entity

4.5. In addition to complying with these Terms, Users shall assure that they will adhere to all local and national laws that pertain to their location.

4.6. The User agrees and acknowledges that any illegal uploading, revising, publication and/or communication of information, data, graphics and/or other Content in violation of these Terms may give rise to obligations of the User to pay damages or to other obligations of the User and may also constitute a criminal offence and/or other breach of the law.

4.7. If the User violates any of its obligations/duties arising from these Terms and/or other rights of BookRix, BookRix reserves the right of enforcement against the User. This applies, in particular, in case eBooks which have been formatted by means of the web-application available on BookRix or other information, graphics, data or other Content which has been processed or formatted by means of such web-application are used for industrial or commercial purposes or published on systems, servers or other media other than BookRix or made available to Third Parties for industrial or commercial use or publication on systems, servers or other media other than BookRix, if such Content is used and/or published in the form/shape created by means of such web-application.

4.8. In case the User, in spite of a warning, repeatedly and/or continuously violates the Code of Conduct, BookRix has the right to terminate the contractual relationship between BookRix and the User with immediate effect. In this case, the termination of the contractual relationship can be effected by the deletion of the Account of the User and the Content uploaded on BookRix by the User, without any further pre-announcement being required.

4.9. Users are hereby advised that the uploading of illegal and/or prohibited Content may expose the User to civil and criminal liability. The User hereby agrees to hold harmless and indemnify BookRix, its affiliates, undertakings affiliated with BookRix, the shareholders of BookRix, the managing directors and holders of commercial power of BookRix and any other employees, agents, directors and/or shareholders of BookRix against any and all claims and demands raised by Third Parties based on or in connection with Content which the User has uploaded, revised, made available to Third Parties and/or published on or via BookRix or arising from any conduct or lack of conduct of a User, including without limitation reasonable attorneys fees, court costs and other expenditures incurred by BookRix in the defense of any such claims.

4.10. If and to the extent that the User processes and/or revises Content which has been uploaded on BookRix, the User hereby explicitly warrants that the User has the right to process and/or revise such Content in the way processed and/or revised by the User. Moreover, the User hereby explicitly warrants that the processing and/or revision of Content does not result in such Content violating the rights of Third Parties and the User represents and warrants that such Content complies with the standards provided for in Section 10 below.

4.11. Users are solely responsible for creating backup copy of their Content on appropriate storage media.

4.12. By uploading Content, Users provide BookRix with certain rights concerning such Content, including a worldwide, non-exclusive license to publish the Content on the BookRix website and to publicize and distribute such Content in the format used by BookRix to provide its Services. In particular but without limitation, BookRix has the following rights:

  • to make copies of and store the Content in the form of digital books on one or more servers as well as to reformat, convert, encode and otherwise create derivative works of the Content for the purpose of producing digital books;
  • to display, perform, market, transmit and otherwise make available the Content or portions thereof on the BookRix website for other Users or interested Third Parties;
  • to download, copy, print and or make the Content available online or offline, including for use on portable electronic devices;
  • to display any logos or graphics in the form provided by the User;
  • to use, duplicate, adopt for modification, as considered necessary by BookRix, any and all metadata provided by the User in connection with the uploading of Content;
  • to transmit, duplicate and otherwise use (or cause others to reformat, transmit, duplicate or otherwise use) digital books through technical means and processes for the purpose of enabling BookRix to carry out any function it is entitled to pursuant to the foregoing described rights, including but not limited to caching of data in order to facilitate its display on any electronic device.

4.13. Except as provided for in any author agreement entered into between a User and BookRix, Users shall have no right to compensation for the use of Content uploaded by a User.

4.14. Any User who uploads any work of authorship (hereafter “Work”) created by the User to the BookRix website has the opportunity, subject to availability, to also position such Work with Third Party partners of BookRix who offer free publication services (such as, without limitation, “Google Books”). To the extent a User wishes to take advantage of such an opportunity by choosing such option on the Service, the following provisions apply:

  • BookRix acts solely as a (technical) facilitator between the User and the Third Party partner so that the User can easily position the Work with the Third Party partner. The User is free to use or not use such opportunities. Users are free to position their Works with Third Party partners through the BookRix website or by themselves directly.
  • BookRix makes not warranty, express or implied, with respect to any services provided by Third Parties, even if such Third Party is a Third Party partner of BookRix.
  • BookRix shall have no liability for any violations of the User’s rights (including without limitation copyrights) by or through the facilities of a Third Party partner or its agents.
  • The User grants to BookRix the right to sublicense all rights BookRix hold pursuant to Section 5.12 hereof or as otherwise provided for herein to any and all Third Party partners or BookRix. This right to sublicense shall include, without limitation, the right to authorize Third Party partners to post excerpts or Works on their respective websites.
  • BookRix has the right, without prior notice, to cancel any Third Party partner arrangements and the ability to use the BookRix website to position Works on Third Party partner websites.

 

5. Further Undertakings of the User

The User shall comply with the prohibitions set out below and to omit any conduct which would constitute a breach of any of such prohibitions:

  • The User shall not copy, change, rent, lease, license or alter the web-application available on BookRix for the creation of eBooks and/or any other software available on BookRix or to produce or use versions of such web-application and/or software which have been altered, changed or interfered with.
  • It is strictly prohibited to gain access to the Service other than via the interface provided for by BookRix.
  • The uploading, processing, revising and/or publishing of commercial advertisements by the User is prohibited, regardless of where (e.g. eBooks, Accounts, groups, panels) or how (e.g. banners, targeting, mailings) placed.
  • The User shall not falsify header or otherwise manipulate distinctive marks in or to disguise the origin of Content which has been or uploaded on BookRix or which has been made available to Third Parties or published on or via BookRix.
  • The placement of links to other websites for industrial and/or commercial purposes is strictly prohibited.
  • The User shall not publish or to make available to Third Parties eBooks or other information, graphics, data or Content which have been produced/created by the web-application and/or other software made available on BookRix in the way formed/shaped by the web-application and/or software available on BookRix on systems, servers or media other than on or via BookRix.
  • The User shall comply with the prohibitions set out below and to omit any conduct which would constitute a breach of any of such prohibitions.

6. Advertisements; Targeting; Newsletter

6.1. The User hereby explicitly approves that BookRix may install or cause to be installed third-party advertisements on the profile-sites of the User and next to the eBooks created, set up, processed, and/or published by the User.

6.2. BookRix mails electronic newsletters at regular intervals. Such newsletters may contain commercial advertisements. In case the User orders such newsletter, the User hereby approves and explicitly wishes that such newsletters are mailed to her or him in regular intervals. The User can cancel the newsletter at any time by using the electronic button provided for that purpose on BookRix.

6.3. The User agrees that BookRix may, in accordance with and pursuant to the BookRix Privacy Policy, processes and exploit the personal data of the User in order to submit to the User certain offers and/or commercial advertisements which are tailored to the personal interests of the User ("targeting"), unless the User has opted out of receiving such targeted offers and/or advertisements.

6.4. BookRix and the administrators employed by BookRix have the right to temporarily or permanently block, delete and/or make invisible Content which has been uploaded and/or revised by the User on BookRix in violation of these Terms.

6.5. BookRix has the right and explicitly reserves the right to review, block and/or delete communication, data or other Content which has been uploaded, revised, published and/or conveyed by the User on or via BookRix on violation of these Terms or the Code of Conduct.

6.6. BookRix, the administrators employed by BookRix and/or any third party employed by BookRix for that purpose have the right to review and control at any time any Content which has been uploaded and/or revised on BookRix by the User.

 

7. Disclaimers; Limitation of Warranties

7.1. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, ALL MATERIALS AND INFORMATION ON OR ACCESSIBLE VIA THE BOOKRIX' WEBSITE AND ALL ITEMS AND/OR BOOKS (WHETHER E-BOOKS OR HARDCOPY BOOKS) SOLD VIA THE BOOKRIX WEBSITE, INCLUDING ALL SOFTWARE, SERVICES, INFORMATION, MATERIALS, CONTENT AND TOOLS OFFERED BY BOOKRIX AND/OR ANY OF ITS THIRD-PARTY LICENSORS, LICENSEES, AFFILIATES AND/OR PARTNERS IS PROVIDED ON AN "AS-IS" AND/OR "AS-AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. WITHOUT LIMITING THE PRIOR STATEMENT, BOOKRIX DOES NOT VOUCH FOR THE QUALITY, ACCURACY, COMPLETENESS, OR CURRENTNESS OF THE SERVICE AND/OR ANY CONTENT OR INFORMATION SOLD OR PROVIDED THROUGH THE BOOKRIX WEBSITE.

7.2. BOOKRIX DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING OF CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL AND FURTHER DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO A USER’S COMPUTER SYSTEM, DATA, SOFTWARE, FILES OR PERIPHERALS. BOOKRIX SHALL BEAR NO LIABILITY FOR ANY DAMAGE TO ANY USER’S COMPUTER SYSTEM, DATA, SOFTWARE, FILES, OR PERIPHERALS THAT MAY BE CAUSED BY A USER’S USE OF THE BOOKRIX SITE AND/OR DOWNLOADING CONTENT.

7.3. BookRix neither represents, guarantees nor warrants that any hardware or software which the User utilizes in order to use the BookRix website is without fault or error or that such faults or errors of such hardware or software are corrected.

7.4. BookRix does not influence on or control the design and/or content of linked websites nor does BookRix adopt such linked content at its own. User’s are solely responsible and BookRix shall have no liability for any damages a User may suffer from the use of or the content on any linked websites.

7.5. BookRix is not liable for the conduct of Users. In particular, BookRix is not liable for Content or declarations which are uploaded, revised, made available to Third Parties and/or published on or via BookRix by Users.

 

8. Limitation of Liability

8.1. IN NO EVENT SHALL BOOKRIX OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, THIRD-PARTY LICENSORS, LICENSEES AND CONTENT PROVIDERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE BOOKRIX WEBSITE, CONTENT ON OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF BOOKRIX OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER AGREES THAT THE LIABILITY OF BOOKRIX, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY TYPE OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY MANNER CONNECTED WITH ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE BOOKRIX SITE SHALL NOT EXCEED THE AMOUNT A USER HAS PAID TO BOOKRIX IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION BROUGHT UNDER THESE TERMS MUST BE COMMENCED NO LATER THAN WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.

8.2. The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of BookRix, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against BookRix in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.

 

9. Prohibited Use of the Service

9.1. Any industrial and/or commercial use of BookRix by the User without the explicit prior written consent of BookRix is prohibited. This applies in particular to the incorporation, placement or installing of commercial advertisements in the eBooks and profile sites created by the User on BookRix. To inquire about using the BookRix site and/or Service for commercial purposes, contact BookRix at [support-en@bookrix.com].

9.2. EBooks which have been created on BookRix and/or any information, graphics, data or other Content processed on BookRix, may be published or otherwise disclosed to Third Parties only on or via BookRix and in the format created via processing on BookRix. If saved on systems, servers or media other than BookRix, eBooks and/or information, graphics, data or other Content processed on BookRix may only be published and/or made available to Third Parties via the embedding-code provided for on the respective book-information-page.

9.3. The User hereby expressly undertakes not to rent, resell, redistribute, license, sublicense, assign, delegate, or otherwise transfer (“exploit”) the web-application and/or software provided for on BookRix except to the extent expressly permitted by these Terms. The User shall not use or exploit the web-application and/or software provided for on BookRix for industrial and/or other commercial purposes or to make such web-application and/or software available to Third Parties for industrial and/or other commercial purposes. The User undertakes to use the web-application and/or software provided for on BookRix only in the form and only in the manner and for the purpose for which such web-application and/or software is made available to the User on BookRix. In particular, the User shall not make any alterations or other changes to the web-application and/or software provided for on BookRix.

9.4. The User shall not use the web-application for the creation of eBooks and/or any other software available on BookRix for industrial and/or commercial purposes. The scope of this prohibition covers, inter alia, the distribution of the access to or sharing of BookRix for remuneration and activities aiming to obtain a consideration which are based on the use of the web-application and/or software available on BookRix.

9.5. It is prohibited to disturb any technical process on BookRix or to interrupt or otherwise interfere with the regular channels of a communication on or via BookRix. Any form of electronic attack, including without limitation any denial-of-service attacks, on BookRix is strictly prohibited. Without limitation, the following shall be deemed to constitute an electronic attack as contemplated by this Section 0: the breaking or attempt to break security-barriers on BookRix; the use of programs or software to sort or peek data (for example the use of crawlers, spiders or bots), the uploading, saving, setting up and/or spreading of or infecting of BookRix with viruses, worms, Trojans, and/or the use of links, programs or other operations which are capable of causing damage to BookRix, the BookRix website and/or Third Parties and/or so-called "brute force attacks.

 

10. Copyright Infringement Claims

Any party claiming that any content on the BookRix website infringes their copyright may file a claim pursuant to the DMCA Notice procedure provided for on the BookRix website.

 

11. Termination; Deletion of Content

11.1. The User may delete the User’s Account at any time. In such case, all data, graphics or other Content which has been uploaded on BookRix by the User will be deleted.

11.2. BookRix has the right to terminate the contractual relationship with the User with immediate effect by deleting, making invisible or blocking the Account of the User in case the User breaches her or his obligations arising from these Terms in a way rendering further use of BookRix by the User unacceptable for BookRix for any reason at the sole discretion of BookRix, if BookRix considers that the further use of BookRix by a User is not in the best interest of BookRix or for any violation of these Terms or the Code of Conduct. All data, graphics or other Content which has been uploaded on BookRix by the User will be deleted in such cases.

11.3. BookRix has the right to block, delete and/or make invisible the Account of the User and the Content which has been uploaded and/or revised on BookRix by the User as well as any declarations or other communication of the User in case BookRix has unsuccessfully warned the User of any violation of these Terms and/or the Code of Conduct. In the event there is an unsuccessful warning (i) in case the User continues conduct which is contrary to the User’s obligations in spite of a warning, (ii) the User further breaches these Terms or the Code of Conduct and/or any other duties and obligations arising from these Terms and/or (iii) a situation which has been caused by the User and which is contrary to the User’s duties and obligations hereunder and/or otherwise illegal continues.

11.4. All warnings will be given via e-mail to the e-mail-address stated by the User at registration.

11.5. Regardless of the preceding sections BookRix has, at any time, the right to cease operating BookRix and/or the BookRix website entirely or in part without prior notice. At the same time, the cessation is deemed to constitute the termination of the contractual relationship vis-à-vis the User by BookRix. Data, graphics or other Content which has been uploaded on BookRix by the User will be deleted in such case.

 

12. No Waiver; Severability

The failure of BookRix to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

13. Applicable Law and Forum

This Agreement and any claim, controversy or dispute arising under or related to this Agreement, the relationship between the parties, or the interpretation and enforcement of the rights and duties of the parties shall be governed by the laws of the State of New York, without giving effect to the principles of comity or conflicts of laws thereof. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in the State of New York, City of New York, Borough of Manhattan, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in the State of New York, City of New York, Borough of Manhattan, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, claims for equitable relief may be brought in any court with proper jurisdiction within the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the transactions contemplated by this Agreement. The Uniform Computer Information Transactions Act (“UCITA”) will not apply to these Terms regardless of when and howsoever adopted, enacted and further amended under the laws of the State of New York or any other state. If UCITA is adopted and enacted in the State of New York or any other state and, as a result of such adoption and enactment or any subsequent amendment thereto any action to effectuate the result contemplated by this Section 14 is required to be taken, including amending these Terms, BookRix may unilaterally take such action as may be reasonably required, including amending these Terms accordingly.

 

14. Jury Waiver

BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, BETWEEN ANY OF THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THESE TERMS.

 

15. Severability

If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of such provision in accordance with applicable Law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the fullest extent permitted by law.

 

16. Changes and Amendments; Notice

BookRix retains the right to change, amend or supplement these Terms at any time. In case BookRix changes or supplements these Terms, notice thereof will be provided to Users via e-mail. The amended or supplemented version of the Terms shall apply from the date provided in such notification.


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