Terms & Conditions of Use

The Terms & Conditions of Use promotes trust and honesty within the BookBoom.com community, helping make BookBoom.com a better place to buy and sell your books. Just like you, we want BookBoom.com to be a safe and secure environment for everyone.

1. Acceptance of Terms. BookBoom provides a collection of online resources, including but not limited to book ads, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by BookBoom from time to time. BookBoom will provide notice of materially significant changes to the Term by posting notice on the BookBoom site. You can review the most current version of the Terms at: http://www.BookBoom.com/terms.html. Accessing the BookBoom.com web site and the services we offer, indicates that you have read and constitutes your acceptance of these terms and conditions each time you access this website. In addition, when using particular BookBoom services, you agree to abide by any applicable posted guidelines for all BookBoom services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with BookBoom in any way, your only recourse is to immediately discontinue use of BookBoom.

2. Content. You understand that all postings, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that BookBoom does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BookBoom site and Content available through the Service may contain links to other websites, which are completely independent of BookBoom. BookBoom makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BookBoom be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that BookBoom does not pre-screen or approve Content, but that BookBoom shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Information Disclosure. You further acknowledge and agree that BookBoom may, in its sole discretion, preserve or disclose your Content, as well as your information, including, but not limited to, email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of BookBoom, its users or the general public.

4. BookBoom serves only as a Venue. BookBoom.com is an web site on which registered users post ads offering books which they possess and wish to sell to other users. Registered users may also buy books. At no time does BookBoom possess, hold, or offer any merchandise for sale, nor are we involved in any part of the actual user to user transaction. BookBoom serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quality, quantity, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the buyer to verify with the seller any or all information about any book listed on BookBoom.com, for which they intend on buying, before the transaction takes place. BookBoom can not be responsible for a sellers willingness or ability to sell any book they have listed, or a buyers willingness to follow through with a transaction for an book(s) for which they agree to buy. BookBoom encourages open communication between sellers and buyers before and after the transaction takes place.

5. Conduct. You agree not to send unsolicited email advertisements (e.g. spam) to BookBoom email addresses or BookBoom users through BookBoom computer systems. You agree not to post, email, or otherwise make available Content: - that advertises any illegal the sale of any items which is prohibited or restricted by applicable law. - that is threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms in any way; - that harasses, intimidates, degrades or is hateful toward an individual or group of individuals; - that impersonates any person or entity, including, but not limited to, a BookBoom employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; - that includes personal information about another person without that person's explicit consent. - that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; - that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. - that constitutes or contains "spam", "chain letters", "affiliate marketing", "link referral code", "pyramid schemes", or unsolicited commercial advertisement. - that constitutes posting essentially the same item more than one time. - that includes links to web sites. - that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - that disrupts the normal flow of dialogue with an excessive number of postings to the Service, or that otherwise negatively affects other users' ability to use the Service; or - that employs forged email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to: - attempt to gain unauthorized access to BookBoom's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BookBoom website. - stalk or otherwise harrass anyone; - collect personal data about other users; - use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines and non-commercial public archives that comply with our robots.txt file; - purposefully post Content in a irrevelant college, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

6. Limitations on service. You acknowledge that BookBoom may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BookBoom has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BookBoom reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BookBoom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Termination of service. You agree that BookBoom, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove any Content within the Service, for any reason, including, without limitation, if BookBoom believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that BookBoom shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after termination.

8. Dealings individuals. Your interactions with individual(s) found on or through the Service, including payment and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the individual(s). You agree that BookBoom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BookBoom is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BookBoom, its officers, employees, agents and successors in rights from claims and damages both actual and consequential of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

9. Proprietary rights. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although BookBoom does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BookBoom an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute Content and to prepare derivative works of, or incorporate into other works, Content, and to grant and authorize sublicenses of the foregoing.

10. Disclaimer of Warranty and Limitation of Liability. YOU AGREE THAT USE OF THE BOOKBOOM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BOOKBOOM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKBOOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BOOKBOOM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKBOOM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BOOKBOOM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BOOKBOOM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKBOOM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BOOKBOOM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL BOOKBOOM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF BOOKBOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE BOOKBOOM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BOOKBOOM SITE OR THE SERVICE, FROM INABILITY TO USE THE BOOKBOOM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BOOKBOOM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOOKBOOM SITE OR THE SERVICE OR ANY LINKS ON THE BOOKBOOM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BOOKBOOM SITE OR THE SERVICE OR ANY LINKS ON THE BOOKBOOM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

11. Indemnity. You agree to indemnify, defend, and hold BookBoom, its agents, employees, directors, officers, suppliers and harmless from and against any and all claims from third parties arising out of or in any way related to your use of the website hereunder, or from and against any and all claims, losses, damages and expenses resulting from your use, in breach of any of these Terms of Use, of any data or documentation received from BookBoom, regardless of the form of action.

12. General information. The Terms constitute the entire agreement between you and BookBoom and govern your use of the Service, superceding any prior agreements between you and BookBoom. The Terms and the relationship between you and BookBoom shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BookBoom agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Queens, New York. The failure of BookBoom to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Violations of Terms and Liquidated Damages. Please report any violations of the Terms, by or by emailing to webmaster@BookBoom.com with the subject "Violations of Terms". Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay BookBoom liquidated damages as follows: a. If you post a posting that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal information about another person without that person's explicit consent, you agree that BookBoom in its sole discretion may disclose identifying information about you to the victim, and that should BookBoom bring a claim against you in court, that you will pay BookBoom five hundred ($500) for each such posting. c. If you send unsolicited email advertisements to BookBoom email addresses or through BookBoom computer systems, you agree to pay BookBoom one hundred dollars ($100) for each such email. d. If you post a posting in violation of these Terms of Use, other than as described above, you agree to pay BookBoom one hundred dollars ($100) for each such posting. In its sole discretion, BookBoom may elect to issue a warning before assessing damages. Otherwise, you agree to pay BookBoom's actual damages, to the extent such actual damages can be reasonably calculated.

14. Other Terms and Conditions. Certain sections of or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections to pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. This website may contain links to and be linked from third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by BookBoom of any information contained in any third-party website. zbpkxvyz