I. INTRODUCTION
A. Service provider
Your service provider is BookTop Team, a company operating under the laws of The British Virgin Islands, located at The British Virgin Islands. Our services are provided for private, non-commercial use.
B. Contracting entity
This agreement (the “Agreement” or the “Terms”) is a binding agreement between the individual or the entity identified in your account (“you” or “user”) and each BookTop party. The “BookTop parties” are, individually, our Site, Application, and/or Services that joins as a party to this Agreement. A BookTop “affiliate” is any entity that directly or indirectly controls, is controlled by, or is under common control with a BookTop party. “BookTop,” “we” or “us” means, together, the BookTop parties and their affiliates.
C. Age requirement
BookTop is not intended for children. Children under the age of 13 must not use our Site, Application, and/or Services for any purpose. BookTop will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who BookTop knows is under 13 years of age. If BookTop discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, BookTop will terminate the account and remove the information or other content.
Users between 13 and 18 (each a “Teen”) may not access or use the Service unless (i) both the Teen and their parent or legal guardian have first agreed to these Terms of Service; and (ii) the Teen uses an account established by their parent or legal guardian, under such parent or guardian’s supervision, and with such parent or guardian’s permission. If you permit a Teen to use the Services, you hereby agree to these Terms of Service on behalf of both yourself and the Teen. You further agree that you are solely responsible for any and all use of the Service by your Teen regardless of whether such use was authorized by you.
D. Your relationship with BookTop
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. By accessing or using our Site, Application, and/or Services, you confirm that you unconditionally accept these Terms and that you agree to comply with them. If you do not agree to these Terms, please do not use our Site, Application, and/or Services and you are not granted permission to access, view, or otherwise use our Site, Application, and/or Services for any purpose. Your access to and use of our Services is also subject to our Privacy Policy and Content Guideline, the terms of which can be found directly on the Services on your mobile device’s applicable app store and are incorporated herein in by reference. By using our Site, Application, and/or Services, you consent to the terms of the Privacy Policy.
II. WHAT YOU CAN EXPECT FROM US
A. Provide Service
a. License
Subject to full compliance with the Terms and to the extent we are lawfully able to grant such rights. BookTop grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely to access Content, using the Services, and for other purposes expressly stated herein.
For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
(a) Your account
You can use parts of our Service without login (including any purchase made any/or payment). However, to access or use some of our Services, you need to create an account with us. When you create your account, you must provide us with accurate and up-to-date information. It is your responsibility to maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
You are responsible for maintaining your account and password’s confidentiality and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BookTop reserves the right to refuse service, terminate accounts, remove, or edit content in its sole discretion.
If you no longer want to use our Service anymore and would like your account deleted, please email us at support@ibooktok.com.We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added (including free content and paid content).
We also allow you to register for and log in to BookTop using sign-on functionalities provided by third-party platforms, such as Facebook and Google. You agree to comply with the relevant third-party platform’s terms and conditions applicable to your use of functionalities (in addition to these terms).
We take intellectual property rights very seriously and comply as a Service provider with all applicable provisions of the Digital Millennium Copyright Act (DMCA) of 1998. We expeditiously terminate repeat infringers pursuant to a “three-strikes” policy. Related infringement can be reported to copyright@ibooktok.com
(b) Services and Service-related communication
Where Services are made available as part of your use of Software under this Terms, we grant you a limited, personal, non-exclusive, non-sublicensable and non-transferable and revocable license to use the Services in accordance with this Terms. The duration of such Services provision will be as determined by us at our sole discretion.
You may access and use the Service as made available to you, as long as you comply with this Agreement, applicable laws and regulations. You may enjoy Content for your personal, non-commercial use. You may also show your Content (including your account profile and your comment) to other users.
You consent to receive communications from us electronically. We will communicate with you by email or sending inbox messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) Software
Where you install and use any Software that we have made available to you, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, royalty-free and revocable license to: use one copy of the Software in object code format only on a single device for your use in accordance with this Agreement, except that where we expressly allow you to use more than one copy of the Software and/or use the Software on more than one device, you may do so in accordance with this Agreement; and use the Services for your relevant Software (if any).
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from the Software, and you may not sell, distribute, redistribute or sublicense the Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so.
We may from time to time provide updates to the Software. Such updates may occur automatically or manually. Please note that the Software may not operate properly or at all if you do not install upgrades or new versions. We do not guarantee that we will provide any updates for the Software, or that such updates will continue to support your device or system. All updates to the Software are part of the Software and subject to this Agreement.
(d) Our Content
We grant you a limited, personal, non-exclusive, non-sublicensable and non-transferable and revocable license to access and use our Content through the Software. The duration of such Content provision will be at our sole discretion.
The “Content” includes any items, content or features within the Software – for example, stickers, in-app content additions or other downloadable items within content, and any content accessed or used by you within the Software. You must comply with our Content Guideline applicable to any such Content. We may license this Content to you upon payment by you of “real world money” as applicable from time to time. You acknowledge that you do not own this Content and the amounts associated with such Content do not refer to any credit balance of real currency or the equivalent. We may delete Content from the Software at any time, with or without notice, and we have no liability to you should we exercise these rights.
If you want to report any questions about our Content, please contact us at copyright@ibooktok.com.
(e) Advertising Content
Pursuant to our Privacy Policy, we may integrate, display and otherwise communicate advertising or commercial Content (including targeted advertising) in the Licensed Items and that (where reasonably practicable) we will identify paid such advertising or commercial Content.
The advertising or commercial content may contain links to third-party websites and online services that are not owned or controlled by BookTop. BookTop has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Services. We suggest you read the terms and Privacy Policy of each third-party website and online service that you visit.
b. Restrictions on your use of the licensed items
You may not, nor may you permit any other person to: (a) use the Licensed Items in any manner or for any purpose which breaches this Agreement or any applicable laws and regulations or encourages any person or entity to breach this Agreement or any applicable laws and regulations; (b) use the Licensed Items in any manner or for any purpose which may cause any harm or damage to us or our customers; (c) use the Licensed Items to gain unauthorized access to any system, account or data; (d) sub-license, rent, lease or sell the Licensed Items (except where you and us have expressly agreed otherwise); (e) directly or indirectly charge others for use or access to the Licensed Items (except where you and us have expressly agreed otherwise); (f) directly or indirectly suggest our support or endorsement of any product, Service or Content (including any personal web site); (g) transmit unauthorized communications through use of the Licensed Items, including junk mail or spam; (h) make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons; (i) remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Licensed Items; (j) misrepresent the source or ownership of the Licensed Items; (k) lend, hire, rent, perform, sell, distribute, redistribute, sublicense, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part in any manner not expressly permitted by this Agreement, or attempt to do any of the foregoing (except where you and us have expressly agreed otherwise); (l) attempt to disrupt or interfere with the Licensed Items including manipulating the legitimate operation of the Licensed Items; (m) use cheats, exploits, automation software or any unauthorized third-party software designed to modify or interfere with the Licensed Items; (n) disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or (o) develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Licensed Items, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so.
We may use technological measures in the Licensed Items to prevent unlicensed or unauthorized use of the Licensed Items or to prevent any breach of this Agreement. You agree that you will not seek to disable or circumvent them in any way.
B. Improve Service
a. Your Content
As BookTop and user experiences are constantly evolving, we may from time to time add, change or remove features or Services from BookTop (including in relation to whether a feature or Service is free of charge or not). You agree that we may take any such actions at any time. Where we consider that any changes to BookTop or any Services or features accessible within BookTop are reasonably material, we will (where reasonably practicable) notify you via inbox message or by posting the changes on our website.
You must make sure that the comments or novels you published on BookTop do not contain any content that violates UGC policies, such as racial discrimination, sex discrimination, child abuse, religious speech, anti-human speech, arms and drug trade, etc., otherwise we have the right to block or delete Content you post. We reserve the right to block or remove Your Content.
b. Use of your device
To provide the Licensed Items to you, we may require access to and/or use of your relevant device (including but not limited to mobile phone, tablet or desktop computer) that you use to access the Licensed Items. You acknowledge that if you do not provide us with such right of use or access, we may not be able to provide the Licensed Items to you.
Any Personal Information that we use or access within your device will be treated in accordance with this Agreement and the Privacy Policy.
You must ensure that your device meets the requirements for installing and using the Licensed Items as required by us. During installation, the Licensed Items may uninstall or disable other software running on your device. If you do not comply with any installation instructions provided by us, you may not be able to use the Licensed Items or certain functionalities may not be available to you.
c. Payment
You may from time to time be required to make payments to us in U.S. dollars in relation to the Licensed Items, such as for your license to use the relevant Licensed Items. You are responsible for all such payments and related payment obligations under this Agreement.
All such payments from you are subject to the terms and conditions of the relevant payment Service (whether that payment Service provider is a third-party or us), in addition to any other relevant terms of this Agreement. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Licensed Items. You are solely responsible for all fees and taxes associated with any Licensed Items, and you agree that pricing and availability of all Licensed Items are subject to change at any time.
We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals; (ii) you authorize us to save your chosen payment method’s information (e.g. credit card information) on our systems and bill your chosen payment method for the relevant time-periods as chosen by or notified to you; (iii) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, we may not provide you with, or suspend our provision of, the relevant Content product or service until payment is properly processed; and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).
You agree that any payments you make to us in relation to your use of any Licensed Item are final and non-refundable, except where specified by us under this Agreement or for a particular Licensed Item. OTHERWISE, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR UNUSED).
Please note that you are responsible for all third-party charges you incur (including any charges from your internet and telecommunication Services providers) in relation to or arising from your use of the Licensed Items.
If you believe that we have charged you in error, and subject to applicable laws and regulations, you must contact us at support@ibooktok.com within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.
Payment processing Services are provided by the third-party service through which the purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g., exchange rates).
C. Other Services
a. Removing your Content
We reserve the right to disable your Content at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
b. Suspending or terminating your access to BookTop Service
We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations. Your account name and other identifiers you adopt within BookTop remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
III.WARRANTY
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS, THE SERVICES IS PROVIDED “AS IS” AND BOOKTOP DOES NOT MAKE ANY SPECIFIC COMMIMENTS OR WARRANTIES ABOUT THE SEIVICES. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (a) THE CONTENT PROVIDED THROUGH THE SERVICES; (b) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (c) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON OUR SERVICES.
IV. LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED ITEMS, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (a) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE LICENSED ITEMS TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (b) USD100 (I.E. ONE HUNDRED US DOLLARS).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING: (a) IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED ITEMS, FOR ANY DAMAGES OR LOSSES CAUSED BY: (i) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (ii) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (iii) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (iv) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (v) IMPROPER OR UNAUTHORIZED USE OF THE LICENSED ITEMS; (vi) YOUR USE OF THE LICENSED ITEMS IN BREACH OF THIS AGREEMENT; OR (vii) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; (b) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES; AND/OR (c) FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in this Agreement limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations: (a) any liability for fraud; (b) any liability for death or personal injury caused by our negligence; or (c) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (a) YOUR USE OF THE LICENSED ITEMS; OR (b) YOUR BREACH OF THIS AGREEMENT.
THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH THE LICENSED ITEMS) ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE LICENSED ITEMS.
V. DISCLAIMER
Our Site, Application, and/or Services are made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of our Site, Application, and/or Service is entirely at your own risk and you should use your best judgment and exercise caution while using the Services.
BookTop makes no guarantee that your use of the Services, and all other features or functionalities associated with the Services will be available, uninterrupted, interference-free, or error-free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Service, and use, access, download, or otherwise obtain materials or content through our Service and any associated Services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with our Services), or the loss of data that results from the use of the Service or the download or use of that material or content.
BookTop does not guarantee the availability, delivery, performance, pricing, or punctuality of any Content or other Intellectual Property appearing in our Site, Application and/or Services.
You understand and agree that BookTop is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with any applicable laws and regulations.
VI. GOVERNING LAW AND DISPUTE RESOLUTION
You consent and agree that the Terms will be exclusively governed by the laws of The British Virgin Islands applicable to contracts entered into and performed within The British Virgin Islands and notwithstanding any conflict of law principles.
You consent and agree that any dispute, claim, or controversy between you and BookTop arising in connection with or relating in any way to these Terms or to your relationship with BookTop (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Any arbitration between you and BookTop shall be referred to and finally resolved by arbitration in The British Virgin Islands in accordance.
VII. ABOUT THESE TERMS
We may occasionally make changes to this Agreement – please review this Agreement from time to time.
Where we make any material changes to this Agreement (as determined by us), we will (where reasonably practicable) notify you (via this Agreement, on our website or within the Licensed Items) prior to the change becoming effective. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise. By using the Licensed Items after we make any changes to this Agreement, you agree to be bound by the revised Terms.
You may email us at the following email addresses:
copyright@ibooktok.com, and support@ibooktok.com.
RUSSIA-SPECIFIC TERMS
For users in Russia, the below Additional Terms: (a) are incorporated into this Agreement; (b) apply to your use of our Service; and (c) override the head terms of this Agreement to the extent of any inconsistency.
Age requirement
According to applicable laws and regulations, you must be a user over 18 years old.