Terms of Use
(Valid from its date of publication: 02/23/2008. Last update 02/23/2008)1. Objective
BOOKESS offers on its site editing, publication and viewing services of literary works developed by its USER.2. User
The USER must fill out the registry form and provide true and detailed information and data, assume civil and criminal liability for its veracity and update data and information as they change.- The USER must neither alter, copy, disseminate, transmit, exhibit, execute, reproduce, publish, provide, license, nor create works based on information collected from the BOOKESS site, nor transfer or sell such information, software, products or services under penalty of violating the present agreement and committing legal infraction.
- The USER must further not:
- a) disseminate any contents or files without authorization;
- a.1) the tool "Embeddable Book", if used, allows publishing a summary on site for the purpose of dissemination. That content may thus be disseminated without expressed consent for that sole purpose.
- b) copy, entirely or in parts, the works authored by third parties without their expressed consent;
- c) disseminate literary works restricted to adults 18 years and over, as well as omitting accurate rating information;
- d) disseminate works that defend crime, racism, and violence.
- THE USER acknowledges that:
- a) he/she has read and agrees with the terms and conditions of the present agreement;
- b) he/she is entirely liable for the contents of any posted material;
- c) he/she is solely responsible for the legal consequences any posted literary works could entail;
- d) BOOKESS may, at any time, delete or deactivate any book or literary work posted from its site that violates current usage policies;
3. Copyright
BOOKESS, in its capacity as a free posting service for literary material, is not liable for the contents of any material created and posted by its USERS and is exempt from liability arising from claims or legal actions taken by USERS or THIRD PARTIES.- BOOKESS will further not be liable for:
- a) the contents of the posted material;
- b) explicit or implicit opinions contained in the works created by USERS. Authors are exclusively liable for the contents of their works;
- c) damages and/or harm caused to THIRD PARTIES that arise from posting their literary works on the BOOKESS site;
- d) the veracity of the posted material;
- BOOKESS may, at any time and based on its exclusive decision, deactivate any literary material that does not meet all site rules, that violates copyright, that does not mention appropriate rating, as well as change the rules and agreements put at disposal of USERS in order to improve the BOOKESS site.
- All contents (including, but not restricted to, texts, pictures, and other materials found on the BOOKESS site), display, organization, and structure of BOOKESS are protected by the law of intellectual property and do not violate any right of any third parties, any law or standard it is submitted to, such as contracts, documents, and agreements. Violation of such rights may entail compensation of injured parties, be it BOOKESS, its USERS, and/or third parties, without loss of damages and lawyer fees.
- 3.1 The USER declares, in this act, that he/she is the legitimate creator of the literary material to be posted on the BOOKESS site, according to Art. 11 of Law nº 9.610/98, assuming the exclusive responsibility for civil penalties imposed in Title VII, Chapter II of the referred law.
- 3.2 The USER exempts BOOKESS from any kind of liability for legal violations related to copyright.
4. Site Operation
Possible operational site failures will be corrected during the period required for service. BOOKESS will not be liable for any damages that may result from the unavailability or malfunctioning of its site.5. Notice and Messages
Any notice or messages that need to be send from one party to the other regarding any rights or duties contained in the present agreement need to be set out in writing and will be considered efficiently delivered at the address found in the preamble of this Agreement if: (a) delivered manually by means of a written record by someone who is legally entitled to represent the recipient party; (b) sent by a courier service by means of a written record or, if sent by mail, in the form of a registered letter ("Acknowledgement of Receipt"); or (c) sent by e-mail or any other electronic means aiming at that kind of communication. The parties will agree upon the reception of messages and electronic files as documental proof for any given situation under the condition that an Acknowledgement of Receipt or any other type of record that certifies that the communication was received.6. Tools
The “Embeddable Book” tool, mentioned in item 2, provides the user with a code used to insert the synopsis. It is irrevocably forbidden to modify the referred code or to use it for any other purpose than the one exclusively defined for that tool.7. Our Address
You can contact Bookess at the address below.- Bookess
Joaquim da Mota Sobrinho 224
São Francisco do Itabapoana
28230 000 - RJ Brazil 8. Legislation to be applied and Choice of Court
The parties choose the Court of the District of Campos, State of Rio de Janeiro, Brazil, to resolve any kind of dispute that may arise under this TERM OF USE, independently from any other one, as privileged it may be.