Terms of Use

Last Updated: 09/13/14

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

1. General

eBooksAreForever (“Us” or “We”) is an online service operated by BookLoco LLC, that provides users with access to easily locate and acquire ebooks for their library patrons.

By registering, accessing or using the eBooksAreForever you signify that you have read, understand and agree to be bound by these terms of use (these “Terms of Use” or this “Agreement“), whether or not you are a Registered User. You are only authorized to use eBooksAreForever (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. eBooksAreForever reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we does this, eBooksAreForever will post the changes to these terms and conditions. Your continued use of the website after any such changes constitutes your acceptance of the revised terms and conditions.

If you do not comply with this Agreement at any time, eBooksAreForever reserves the right to immediately cancel or terminate your access to the website (or any part thereof) and/or your user account, if any. In eBooksAreForever’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the service including, but not limited to: (i) restricting the time it is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user’s right to use eBooksAreForever.com. You agree that any termination or cancellation of your access to, or use of, eBooksAreForever may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the service (or part thereof). Further, you agree that eBooksAreForever shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the website, or any policies or practices by eBooksAreForever in providing the service, including without limitation any change in content, is to cease using and and all eBooksAreForever services and cancel or terminate your subscription or Registered User account, as applicable.

2. Registered Users

eBooksAreForever is open to the public but certain portions, components, content and features of the website (including purchases or access to eBooks) are only available to individuals who register with eBooksAreForever and create a user account on the website (each, a “Registered User“). If you are a Registered User then you agree to the following:

(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 18 years old or up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the website, including your geographical location and billing address (the “Registration Data“); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, eBooksAreForever has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof);

(ii) Registered Users will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify eBooksAreForever of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the eBooksAreForever’s Privacy Policy.

3. Use Restrictions

These terms apply to all users of eBooksAreForever, whether or not you are a Registered User.

1. You shall use eBooksAreForever for lawful purposes only. You shall not post or transmit through the website any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without eBooksAreForever’s express prior approval, you shall not post or transmit through the website any material that contains advertising or any solicitation with respect to products or services. You shall not use the website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services. Any conduct by you that in eBooksAreForever’s discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.

2. All content on eBooksAreForever, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”), are the proprietary property of eBooksAreForever or its licensors, vendors, etc., with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without eBooksAreForever’s prior written permission. Provided that you are eligible for use of eBooksAreForever and subject to these Terms of Use, you are granted a limited license to access the website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of eBooksAreForever or the Site Content other than as specifically authorized herein, without the prior written permission of eBooksAreForever, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by eBooksAreForever at any time without notice and with or without cause.

3. You shall not upload, post or otherwise make available on eBooksAreForever any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of eBooksAreForever, you automatically grant, or warrant that the owner of such material has expressly granted eBooksAreForever the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of eBooksAreForever to access, view, store or reproduce the material for that user’s personal use. You grant eBooksAreForever the right to edit, copy, display, publish and distribute any material made available on the website by you. The foregoing does not apply to literary works provided to eBooksAreForever for sale on the website by a publisher or other content provider.

4. You may not obscure or misrepresent your geographical location, forge headers, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through eBooksAreForever. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

5. You are prohibited from violating or attempting to violate the security of eBooksAreForever, including, without limitation:

(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

(c) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of eBooksAreForever or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of eBooksAreForever or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website;

(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of eBooksAreForever or our systems or networks, or any systems or networks connected to eBooksAreForever;

(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to eBooksAreForever, or any other customer of eBooksAreForever, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by eBooksAreForever;

(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;

(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede eBooksAreForever’s ability to monitor or make available the website; or

(i) taking any action in order to obtain services to which you are not entitled.

Violations of system or network security may result in civil or criminal liability. eBooksAreForever will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.

4. Disclaimers and Limitation of Liability

1. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER eBooksAreForever, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

2. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.

3. IN NO EVENT WILL eBooksAreForever, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL eBooksAreForever’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

4. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT eBooksAreForever IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

5. Monitoring

eBooksAreForever shall have the right, but not the obligation, to monitor the content of the website, including comments and forums, to determine compliance with these Terms of Use and any operating rules established by eBooksAreForever and to satisfy any law, regulation or authorized government request. eBooksAreForever shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the website. Without limiting the foregoing, eBooksAreForever shall have the right to remove any material that eBooksAreForever in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable. Although we reserve the right to remove, without notice, any posting for any reason, eBooksAreForever has no obligation to delete submissions that you may find objectionable or offensive.

6. Indemnification

You agree to defend, indemnify and hold harmless eBooksAreForever and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of eBooksAreForever.

7. Trademarks

All trade-marks, product names and company names or logos cited herein are the property of their respective owners.

8. Third Party Content

eBooksAreForever has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of eBooksAreForever. In many instances, the content available through the website represents the opinions and judgments of the respective content provider or user. eBooksAreForever neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized eBooksAreForever employee spokespersons while acting in their official capacities.

9. Literary Works

All literary works at eBooksAreForever.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for eBooksAreForever’s Registered Users’ personal and library lending use. Any other use of literary works downloaded from eBooksAreForever.com is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part without prior consent from eBooksAreForever. By downloading literary works from eBooksAreForever.com, the Registered User hereby acknowledges and agrees to these terms.

10. Refund Policy

Because of the nature of our transactions, eBooksAreForever adheres to a NO REFUND policy. All sales are final. The purchasing user is responsible for all choices and evaluation of literary works before the purchase is made. Exceptions to the NO REFUND policy are limited to cases in which the files being purchased are damaged or rendered unusable because of an action of eBooksAreForever, or any reason otherwise required by law.