Effective Date: July 31, 2009
VOOK allows You, the user, to the opportunity to experience books in a whole new way. We offer a simple and easy to use interface with powerful tools to give You the best possible experience to read, watch and connect to content on a whole new level.
We offer various services and products to Users based on Your agreement to the following terms without any modification. By registering with VOOK and/or use of VOOK's web site, You accept and agree to be bound by the following Terms of Use. These Terms of Use are subject to change at any time, without prior notice. You are responsible for viewing these Terms of Use on a regular basis. If You do not agree to any of these terms, please do not use VOOK and exit this site immediately.
In addition, VOOK respects your privacy. Please visit our Privacy Policy for a fuller explanation of our policies.
Unless otherwise agreed in a writing signed by VOOK, by submitting content, data or other materials directly through the web site (collectively, "Materials"), You hereby grant to VOOK a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to You. You further grant to VOOK a royalty-free right and license to use Your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless VOOK from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant VOOK the right to use Your name in connection with the reproduction or distribution of any such material. While VOOK is not under any obligation to monitor content provided by users, VOOK may, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.
The VOOK web site may offer forums, blogs, comment areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. VOOK does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use Your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the VOOK web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information You disclose when posting a message in these Forums may become public. You should not include any information in Your posting that You do not want other parties to see or use and You hereby agree that you will not hold VOOK responsible for any third party's use of information contained in such posting.
Given the nature of the VOOK web site and the volume of Materials submitted, VOOK cannot and does not monitor all of the Materials posted or transmitted by You and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that VOOK: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to You.
You hereby represent and warrant that: (a) You have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and Your use of the VOOK web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and Your use of the VOOK web site shall not violate any applicable law or regulation or cause injury to any person; (e) Your use of the VOOK web site shall not violate any agreements between You and a third party and (f) You are of legal age to form a binding contract and are not a person barred from receiving any VOOK services or products under the laws of the United States or other applicable jurisdiction.
You agree to indemnify and hold VOOK, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials You provide, (b) Your use of the VOOK web site or Your reliance on the Content or Your use of VOOK’s services, (c) Your breach of these Terms, and (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the VOOK web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without VOOK’s prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the VOOK web site or for any other unauthorized purpose without VOOK's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the VOOK web site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the VOOK web site or VOOK's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, You covenant and represent that You will not use the VOOK web site for any purpose other than those that are noncommercial and personal, nor will You use this web site in violation of the law or these Terms of Use.
All contents of the VOOK web site are Copyright 2009 VOOK LLC. All Rights Reserved. VOOK™ is a trademark of VOOK LLC.
It is the policy of VOOK to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:
VOOK LLC
Attn: General Counsel
1100 Marina Village Parkway, Suite 102
Alameda, CA 94501USA
Ph: 917-388-2227
Email:
[email protected]
To be effective, the notification must be a written communication that includes the following:
As a part of our service, VOOK offers links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. VOOK does not operate or control in any way any information, software, products or services available on such web sites. VOOK's inclusion of a link to a web site does not necessarily imply any endorsement of the services or the site, its contents, or its sponsoring organization.
VOOK reserves the right with or without notice to You at any time to change, modify or discontinue any service or product or any portion or attribute thereof, or the offering of any information, good, content, product or service. VOOK shall have no liability to You or any third party should VOOK modify or discontinue any service or product.
VOOK reserves the right in its sole discretion, and without any prior notice, to terminate Your access to this web site for any reason, including Your breach of these Terms of Use, the terms and conditions of any service for which the You may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from VOOK at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice to VOOK. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the VOOK emails.
VOOK intends that the information contained on its web site be accurate and reliable; however, errors sometimes occur. VOOK may make changes and improvements to the information provided herein at any time. Any information or opinion provided by any author or other third party does not consitute the opinion of VOOK. Accordingly, VOOK does not guarantee the accuracy of any information available on this web site, and is not responsible for any errors, omissions, or misrepresentations.
THE VOOK WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS." VOOK DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF VOOK IS AT YOUR OWN RISK. VOOK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOOK HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
VOOK is not responsible for any errors or delays caused by an inaccurate or incorrect e-mail address provided by You or other technical problems beyond our reasonable control.
You agree that: (i) the VOOK web site shall be deemed solely based in California; and (ii) the VOOK web site shall be deemed a passive website that does not give rise to personal jurisdiction over VOOK, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VOOK that arises in whole or in part from the VOOK web site shall be decided exclusively by a court of competent jurisdiction located in Sonoma County, California. These Terms of Use, together with the Privacy Policy at and any other legal notices published by VOOK on the web site, shall constitute the entire agreement between You and VOOKconcerning the VOOK web site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VOOK's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. VOOK reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the VOOK web site following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. YOU AND VOOK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOOK WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY
CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE
IMMEDIATELY.