User Agreement © 2015 Unbound Concepts, LLC.
Last updated: January 18, 2016
PLEASE READ ALL OF THE FOLLOWING USER AGREEMENT CAREFULLY AS IT CONTAINS INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Unbound Concepts, Inc. (“Unbound Concepts”) provides a proprietary webservice that allows users and reading enthusiasts to better search, browse, or describe the texts of different books using “Artifacts” generated by publishers and other users, in-house subject matter experts, and machine analysis. Unbound Concepts’s services are accessible at www.discoverartifacts.com, its mobile applications, and various online tools and services (collectively, the “Service”). The term “you” or “your” or “User” refers to you. If you are accessing the Service on behalf of a company, corporation, or other entity, then “you,” “your,” and “User,” refers to that entity. The term “Artifacts” means attributes, topics, themes, or ideas found within the text of different books that is generated through the Service.
- Acceptance of Terms. Should you NOT accept these Terms, you must neither access nor otherwise use the Service. Unbound Concepts reserves the right to alter the Agreement at its sole discretion and with reasonable notice, except where a legal or administrative reason requires immediate amendment of these terms. We will notify you of amended terms by posting them on our login page. Use of the Service after posting of amended terms will be governed by those amended terms. These terms will govern any disputes arising before the effective date of the amended terms.
- Age of User. By accessing and using the Service, you represent, warrant, and affirm that you are, at a minimum and without exception, 13 years old. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.
- Overview of Service. The Service is a proprietary platform that provides tools for users to better search, browse, or describe books and other texts. Users have the ability to both create Artifacts or access, sort, and review Artifacts created by other users. The Service is intended for, and generally used by, reading enthusiasts, authors, educators, and publishers alike. For more information on the different functionalities of the Service and to learn how to take full advantage of the Service’s capabilities, visit http://www.unboundconcepts.com/readers/.
- User Registration. Although you may browse the Service without registering, you will need to first register with the Service in order to access, create, and utilize the Artifacts.To be a registered user of the Service, you hereby agree to: 1) provide true, accurate and complete information (“Registration Data”) as prompted by any Service registration form; and 2) maintain and promptly update your Registration Data to keep it accurate and complete. Unbound Concepts reserves the right to suspend or terminate your access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete Registration Data.You may be required to select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your own username and password, and you are solely and fully responsible for all activities occurring under your username and password. You agree to: 1) immediately notify Unbound Concepts of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. Unbound Concepts shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
- Grant of License. Subject to this Agreement, Unbound Concepts policies, and to the extent permitted under all applicable laws and regulations, Unbound Concepts grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable right and license to access and use the Service for your personal, non-commercial purposes strictly to access the Service, and search for, create, and use the Artifacts and tools provided by the Service.
- Your Content. The Service allows you to post or submit content (“Your Content”) to or through the Service including, without limitation, Artifacts, photographs, messages, event descriptions, documents, images, or any other information or audiovisual material. You are solely responsible for Your Content that you post or submit to or through the Service.Unbound Concepts does not monitor or approve all content posted or submitted to the Service by any other user; however, Unbound Concepts may, in its sole and unfettered discretion, remove or delete any of Your Content.As a condition of accessing and using the Service, you agree not to post or submit content that:
- is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
- violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
- promotes malice or harm of any kind against any group or individual;
- solicits user passwords, financial information, or personal identification for unlawful purposes;
- contains a virus, spyware, malware, or harmful software; or
- constitutes junk mail, unsolicited mass mail, or spam; or
- promotes the services of a direct competitor of Unbound Concepts.
The foregoing is only a partial list of the kind of Your Content which is prohibited on the Service. Unbound Concepts reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator’s Service access.
- Content License. By posting or submitting Your Content on the Service, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Unbound Concepts and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, in connection with the Service.You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce Your Content for non-commercial, personal purposes as permitted through the functionality of the Service. These rights are limited and non-sublicenseable.You hereby waive, represent, and warrant (“Waiver”) that you have obtained the waiver of any and all moral rights in Your Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
In addition, you agree that Unbound Concepts may use your username in association with the Artifacts you created for the purpose of identifying you as an existing or past user of Unbound Concepts both on the Service and in marketing and promotional materials. (In the software, you may opt out of this identification by choosing to be identified as “anonymous”). You represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of Your Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit Unbound Concepts and its licensees, affiliates, and successors to use such content in accordance with the foregoing License.
You further represent and warrant that Unbound Concepts’s exercise of any of its rights under the license granted hereunder will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights, and complies with all applicable laws and regulations.
- General Use of the Service. You further agree not to:
- use any content or information available through the Service for any unauthorized purpose;
- interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
- impersonate any person, company, or entity;
- intentionally or unintentionally violate any applicable law or regulation
- modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
- assist any third party in doing any of the foregoing.
- Proprietary Rights. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to Unbound Concepts hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement or in writing by Unbound Concepts, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Unbound Concepts. You shall use the Service Content only for purposes that are permitted by this Terms of Service and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
- Interactions with Other Service Users. You are solely responsible for interactions with other Service users. Unbound Concepts shall not be responsible for any damage or harm resulting from your interactions with other users of the Service.You understand that Unbound Concepts does not screen users. Unbound Concepts makes no representations or warranties as to user conduct. Unbound Concepts reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any Your Content which Unbound Concepts considers prohibited.
- Links. The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) Unbound Concepts shall not be responsible for the availability of such external sites or resources; and 2) Unbound Concepts does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Unbound Concepts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
- Accessibility and Function. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; (iii) periodic maintenance procedures or repairs which Unbound Concepts may undertake from time to time; or (iv) causes beyond the reasonable control of Company or which causes are not reasonably foreseeable by Unbound Concepts. Unbound Concepts is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or Your Internet Service Provider (“ISP”).
- Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for Your use of the Service including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Service.
- Disclaimer. The Service, including, but not limited to the website and the entirety of its contents, is provided “AS IS” and Unbound Concepts hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Unbound Concepts expressly disclaims any representation that:
- the Service will meet your requirements;
- access to the Service will be uninterrupted, timely, secure, or error-free;
- any information obtained through or from the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations;
- any user-provided information will not be disclosed, in the absence of user-provided approval, to third parties; or
- any data or software errors will be corrected.
Unbound Concepts shall not be held responsible for technical malfunctions of any telephone system, cable system, computer equipment, server, provider, or software. Unbound Concepts shall not be held responsible for any injury or damage to your computer or mobile device resulting from use of the service including, but not limited to, web page viewing, file downloading, server use or access, or following Service links. You access the Service at your own risk and are singularly responsible for any loss, damage, or costs incurred during such activity. Unbound Concepts shall not be responsible for any incorrect or inaccurate content posted on the Service, regardless of the cause of such inaccuracy. Unbound Concepts shall not be responsible for any conduct of any user of the Service. Unbound Concepts shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of your communication. No data or information obtained from Unbound Concepts or the Service shall create any warranty.
The foregoing disclaimers shall not apply to the extent prohibited by applicable law.
- Limits on Liability. Unbound Concepts, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns (“Unbound Concepts Parties”) shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the service, for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Service’s availability; 2) the acts, omissions, or conduct of any user or third party, whether online or offline; 3) any Service or Your Content; 4) any goods or services acquired as a result of any information obtained or transactions entered into through the Service; or 5) any use of goods or services made available on any internet resource or webpage linked through the Service, even if the Unbound Concepts parties have been advised of the possibility of such damages.the Unbound Concepts parties’ aggregate liability to you in any matter arising from or related to the Service or the Agreement, shall not exceed the sum of one hundred dollars ($100).some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Unbound Concepts’s liability is limited to the extent permitted by law.
- Release. In consideration of being permitted to access and use the Service, you hereby agree to release the Unbound Concepts Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third parties (including other Hosts or Guests) in connection with the Service, your access and use of the Service, or the Events.In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says in substances:
“A general release does not extend to claims the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Indemnification. You agree to indemnify and hold harmless the Unbound Concepts Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Unbound Concepts Party alleging that Your Content posted or submitted to the Service infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense Unbound Concepts incurs in enforcing this Section. Unbound Concepts reserves the right to control the defense and settlement of any action or proceeding against any Unbound Concepts Party that you are bound to defend pursuant to the foregoing.
- Termination. Unbound Concepts, in its sole and unfettered discretion, may terminate your access to the Service for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and you agree that: 1) Unbound Concepts may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service or Your Content. You agree that Unbound Concepts shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access. Unbound Concepts reserves the right to block users from certain IP addresses from accessing the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).
- Discontinuance of Service. Unbound Concepts reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that Unbound Concepts shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
- Take-Down Requests, DMCA. Unbound Concepts expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party’s privacy, publicity, intellectual property, or other rights. If any user believes in good faith that any content on the Service violates or otherwise infringes upon any user’s rights, you are encouraged to contact Unbound Concepts immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Service. To make such a request (“Take-Down Request”), you should provide the Unbound Concepts designated agent, listed below, with:
- the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of <detailed description> available at http://www.unboundconcepts.com/item123”);
- User’s name, mailing address, email address, and telephone number; and
- the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act (“DMCA”), Unbound Concepts has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Unbound Concepts, Inc.
101 North Haven Street Suite 301, Baltimore, MD 21224
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Unbound Concepts will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
- Export Control. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Delaware without regard to conflicts-of-laws principles that would require the application of any other law.
- Arbitration. For any claim (excluding claims for injunctive or other equitable relief), arising out of the Terms or the Service, where the total amount of the award sought is less than $5,000, the Party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. Such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Unbound Concepts shall reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous.
Any other dispute (including whether the claims asserted are arbitrable) shall be referred to arbitration, except those claims that may be asserted in small claims court. Arbitration shall be subject to the Federal Arbitration Act, conducted by the American Arbitration Association (AAA), and governed under AAA’s rules. ANY CLAIMS BROUGHT BY YOU OR UNBOUND CONCEPTS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Unbound Concepts will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Unbound Concepts reserves the right, in its sole and exclusive discretion, to assume responsibility for all of the costs of the arbitration. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Judgment on an arbitration award may be entered by any court of competent jurisdiction. The arbitration award shall be confidential and final and binding upon the Parties without appeal or review, except as permitted by Delaware law or United States federal law.
The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in New Castle County, Delaware, and the Parties waive any right to a jury trial. The Parties agree that, notwithstanding the above, either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Subject to the arbitration provisions set forth herein, the successful Party in any dispute will be entitled to receive from the unsuccessful Party all reasonable attorneys’ fees, costs, and disbursements.
- Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
- Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
- Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
- Contact. Any questions regarding these Terms may be directed to Unbound Concepts’s administrators at firstname.lastname@example.org.