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This website is owned by and under the control of Bogaard Books, Inc. d/b/a myBookCrate ("myBookCrate"). Access to and use of our website and all of myBookCrate's content, services, materials, information, databases and systems are subject to these Terms and all applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, myBookCrate may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of myBookCrate’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in our website or any myBookCrate database, material, service or system. Any updates to these Terms shall be posted on our website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. myBookCrate reserves the right to terminate access to our website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use our website for any unauthorized or illegal purpose is strictly prohibited.
2. myBookCrate is a Venue.
Users not Known: The users of our website are not known to myBookCrate other than the information provided by a user upon registering with us and thus we do not know, and cannot guarantee, the true identity or any other personally identifiable information of any of our users.
Diligence: You acknowledge and agree that myBookCrate is a venue and as such is not responsible or liable for any content posted by our users, including you, or any of the items purchased or sold through our website. If you have any reason to believe that an Item is not truthfully represented or if you have any doubt of the legitimacy of the buyer or seller in any transaction, you are advised to conduct sufficient diligence to your satisfaction before proceeding with any transaction. Your access and use of our website and your participation in any transaction to buy or sell Items through our website is at your risk.
Registration: myBookCrate's services are intended for, and may only be used by, people who are at least 18 years or older. By registering on our website you represent and warrant that you are at least 18 years old, that all registration information you provide is truthful, accurate and complete. You may not register or otherwise select or use a User ID of another person with the intent of impersonating that person or which would otherwise cause confusion of the users of our website. You must keep your account information current and accurate at all times, including a valid email address. To sell Items on myBookCrate you must provide and maintain valid payment information through Braintree Payments. We reserve the right, in our sole discretion, to suspend, cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time. myBookCrate may, in its sole discretion, change its eligibility criteria at any time.
Passwords: You are responsible for all activity undertaken under your username and password. myBookCrate is not liable for any loss or damage arising from any unauthorized activity under your account. You must keep your password secure and are advised to change it from time to time. You agree to immediately notify myBookCrate of any unauthorized use of your account.
Transfer: You may not sell, assign or otherwise transfer your myBookCrate account or User ID to any other party. If you are registering as a business or other legal entity (and not as an individual person), you personally guarantee that you have the authority to bind the entity to these Terms.
4. Usage Policy.
Without our prior written consent, which consent may be given or withheld in our sole discretion, you may not:
- resell, sublicense, rent, lease or otherwise publicly distribute any myBookCrate information, services or database, or any part or parts thereof or information contained on our website, or any access thereto;
- use your access to our website or our information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;
- use our website or our information, services, database or system which you access in violation of, or post any information to any myBookCrate owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity;
- copy or transfer any myBookCrate information, service, database or documentation, except as permitted by us;
- modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of myBookCrate's databases or system, or the selection, coordination or arrangement of products or services in any myBookCrate database. You may not copy or adapt the HTML or other code that we use to generate the pages on our website;
- use myBookCrate to direct users to other online venues to purchase the same Items as listed on myBookCrate, including posting any information sufficient to locate an Item elsewhere; or
- establish any hyperlinks away from our website (“Hyperlink”), except as provided in Section 10 below.
Further, you are solely responsible for your conduct and activities on our website and any and all content that you submit, post, and display on our website. While using our website, you will not:
- advertise for any other services;
- interfere with other users' listings;
- post for sale any Item that may not legally be sold;
- circumvent or manipulate the billing process or fees owed to myBookCrate; or
- post false, inaccurate, misleading, defamatory, libelous or obscene content or child pornography, or involve the sale of illegal, counterfeit or stolen Items.
Fee Policy: Joining myBookCrate and purchasing Items on our website is free. We charge a fee for using our mobile payments platform, based on a percentage (10%) of the sale price upon sale.
Payment Obligations: By listing an Item on our website, you agree to pay myBookCrate’s fees for such and you assume full responsibility for the content of your listing and Item offered. You are responsible for paying all fees and applicable taxes associated with using myBookCrate in a timely manner with a valid payment method. Meeting in person with cash is dangerous and not advised nor protected. Any buyer who circumvents myBookCrate’s payment system by transacting directly in cash is no longer protected under these Terms. myBookCrate has implemented the payment processing system to protect buyers and to guarantee sellers that they will be paid. myBookCrate cannot be held liable for transactions outside of the payment system.
Taxes and Duties: The buyer shall be responsible for paying all sales and use taxes, valued-added taxes, export and import taxes, and duties and all transactional taxes or levies related to the buyer’s purchase of each Item (collectively, “Taxes”). myBookCrate is not responsible for collecting or remitting any Taxes to the tax authorities and cannot, and will not, be held liable for any such Taxes. Seller shall be responsible for timely remitting all such Taxes and duties to the applicable taxing authority.
6. Item Listings & Sales
Item Description: All items must be listed in an appropriate category with appropriate tags and each unique item must have its own listing. Item listings and other content posted by you on our website may not link to any other website. By listing an Item on our website you warrant that:
- you own you the Item or otherwise have full rights to sell the Item;
- neither the Item nor any content you provide on our website infringes any other party’s intellectual property rights, trade dress or rights of privacy and does not misappropriate any party’s likeness;
- the Item is in compliance with all applicable laws, rules and regulations;
- the description of the Item and proposed terms of sale are accurate, complete and truthful, including, without limitation, available quantity; and
- the Item complies with all of myBookCrate's published policies and these Terms.
Tasteful Descriptions: Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, provided, however, your postings and Item descriptions may not use profanity, nudity or other content of a violent or sexual nature.
Item Prices: Sellers may not alter an Item's price after a sale for the purpose of avoiding myBookCrate transaction fees.
Item Rejection and Removal: We reserve the right to reject or otherwise remove any Item or any content that is in violation of these Terms or for which myBookCrate receives notice alleging that such Item or content infringes the rights of any third party or violates any applicable law, rule or regulation. Additionally, we reserve the right to reject or remove any Item that we determine in our sole discretion does not meet our high standards or that we otherwise deem to be in poor taste.
Exchange of Items: Meeting in person may be dangerous, and myBookCrate has done all it can to protect both buyers and sellers during local transactions. We take the safety and security of our users very seriously. We highly recommend that users agree to meet in well-lit, well-traveled, central locations on or near campus during normal business hours. A campus police station would be the best option for a meeting place.
Return Policy for Local Transactions: All local sales are binding. myBookCrate has no return policy for local transactions. At a face-to-face meeting, once the buyer has agreed to buy the Item, the transaction is final.
Return Policy for Shipped Items: Buyers have seven (7) days from receipt of the Item to request a refund. If an Item is not as described or is damaged from shipping, the Item can be returned to the seller for a full refund of the purchase price, plus the original shipping costs. If a buyer simply purchases the wrong book, the seller is not obligated to accept the return or issue a refund. myBookCrate recommends that the buyer simply re-post the Item for sale. Buyers must contact sellers through the messaging center and attempt to rectify any misunderstandings before notifying myBookCrate of any problems. If myBookCrate determines that a refund is necessary, both parties agree to abide by that decision. Both buyers and sellers hereby authorize myBookCrate to issue refunds.
7. No Warranty; Limitation of Liability.
myBookCrate does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from our website, nor the quality of any Items, information or other materials or services displayed, sold or purchased by you as a result of your use of our website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Unless otherwise provided in these Terms, myBookCrate reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of our website, with or without notice to you.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, MYBOOKCRATE DOES NOT WARRANT THAT ANY INFORMATION, ITEM, CONTENT OR OTHER MATERIAL ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY MYBOOKCRATE SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY MYBOOKCRATE, OR ANY PART THEREOF, WILL BE ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. MYBOOKCRATE MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ITEMS AND SERVICES PROVIDED BY MYBOOKCRATE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
You will indemnify and hold us (and our employees, officers, directors, shareholders, agents and representatives) harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. You will not hold myBookCrate responsible for other users' content, actions or inactions, OR items listed on our website. IN NO EVENT WILL MYBOOKCRATE OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY MYBOOKCRATE INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, ITEM, PRODUCT, CONTENT, OR SERVICE PROVIDED BY MYBOOKCRATE THROUGH OUR WEBSITE, ANY INFORMATION PROVIDED IN OUR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF OUR WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER MYBOOKCRATE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Data Protection; License.
Visible by Others: Additionally, if you use the message center or feedback system on our website you should be aware that any information you share is visible to other users. Information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. myBookCrate is not responsible for the personally identifiable information you choose to submit in these forums.
Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at our website, whether registered or unregistered, are the property of myBookCrate or myBookCrate's affiliates. Such marks are not to be copied, reproduced, published or in any way used without our written permission or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of our website including but not limited to text, artwork and photographs, is owned by myBookCrate. Photographs for Items are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third party designer or manufacturer. No part of our website may be published, stored or transmitted in any form or means without our express written permission. You may download a single copy of the content displayed on our website solely for your non-commercial, personal use, provided that it retains all copyright and other proprietary notices contained in the content. myBookCrate utilizes patented technology (U.S. Patent No. 8,271,394).
10. Refer a Friend Program.
Members will only receive credit for friends who have joined using an official referral method (personal referral link or direct invitation initiated through myBookCrate.com). If your friend does not join through an official referral method, myBookCrate has no liability to you. You will receive 5% of the final sale price on each of the first 6 books your referred friends sell using myBookCrate's advanced payment platform. myBookCrate reserves the right to modify or terminate the referral program at any time, although payments accrued to your account shall be valid for one year from the date of posting. In the event that myBookCrate chooses to sell some or all of its assets, the Refer a Friend Program is subject to change. Attempting to circumvent myBookCrate’s referral program system may, without limiting any other myBookCrate rights or remedies, result in forfeiture of your membership and all referral payments in your account.
No Hyperlinking. No person may establish Hyperlinks away from our website without our prior written consent, which consent may be given or withheld in our sole discretion. Contact us at firstname.lastname@example.org to obtain this consent. All links to our website are subject to the following requirements: (i) the list must display our website in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by myBookCrate nor be such as to damage or dilute the goodwill associated with our name and trademarks.
You are prohibited from violating or attempting to violate the security of the website and from using the website to violate the security of other third party sites by any method, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
- attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any myBookCrate header or any part of the header information in any e-mail, instant message, text message or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. myBookCrate may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN OUR WEBSITE, ANY MYBOOKCRATE INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE MYBOOKCRATE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, MYBOOKCRATE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM LISTINGS, SALES, PURCHASES OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING OUR WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
If you have a dispute with one or more users of our website, you hereby release myBookCrate (and our employees, officers, directors, shareholders, agents and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which 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."
We encourage our users to resolve their own disputes. We do not mediate disputes, though may try to help users resolve disputes and will do so in our sole discretion. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on myBookCrate’s policies.
You may not use our website or any forum or bulletin board contained on our website to discuss disputes with myBookCrate or any of our users.
14. No Waiver.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind myBookCrate in any respect whatsoever.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
17. Governing Law; Venue.
These Terms shall be governed by and construed in accordance with the laws of the State of California, notwithstanding its laws governing conflicts of laws. The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in Los Angeles, California. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
18. Entire Agreement.
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
20. Reservation of Rights.
Our website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
If you have any questions regarding this website or its contents, or these Terms, contact us at email@example.com
Last updated: December 11, 2012