Updated May 30, 2013
Whirlwind Software, a registered British Columbia sole-proprietorship (“Whirlwind” or “We”) operates the Obibooks.com website, which is a social communication platform that allows Members to offer books, magazines, music, movies and other media for sale. The services offered by ObiBooks include any Obibooks branded URL, messaging services (including, without limitation, private messaging, and email services), media repository services, and any other features, content, or applications offered by the Obibooks.com website (collectively, the "Site" or “ObiBooks”). The Site is hosted on the traditional territory of the Coast and Straits Salish peoples.
This Agreement, as may be modified from time to time, constitutes legally binding terms and applies to your use of ObiBooks. By accessing and/or using ObiBooks, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse ObiBooks, including, without limitation, through a mobile or other wireless device, or otherwise use ObiBooks without being registered) or you are a "Member" (which means that you have registered with ObiBooks). The term "User" refers to a Visitor or a Member. You are authorized to use ObiBooks (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of ObiBooks, you must indicate your acceptance of this Agreement during the registration process.
We reserve the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon its posting on the ObiBooks Site. All material modifications will apply prospectively only. Your continued use of ObiBooks following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of ObiBooks immediately.
Use of the ObiBooks Site and registration to be a Member for ObiBooks services (“Membership”) is void where prohibited. By using ObiBooks, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of ObiBooks does not violate any Applicable Law.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use ObiBooks or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, item listings, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of ObiBooks at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, we reserve the right, in our sole discretion, to reassign or rename your profile URL. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of ObiBooks if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to ObiBooks, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4.Use by Members
ObiBooks is for the personal use of Members and may only be used for direct commercial purposes if such use is specifically endorsed or authorized by ObiBooks. We reserve the right to remove unauthorized commercial content in our sole discretion. Illegal and/or unauthorized use of ObiBooks, including, without limitation, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to ObiBooks, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of ObiBooks.
Use of ObiBooks is governed by our Acceptable Use Policy, which is incorporated into this Agreement by this reference.
Use of ObiBooks is also governed by our Copyright Policy, which is incorporated into this Agreement by this reference.
ObiBooks is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with ObiBooks, by Users of ObiBooks, and such User Content does not necessarily reflect the opinions or policies of ObiBooks. In addition, ObiBooks is not responsible for any damage, injury or loss caused by Users of ObiBooks or by any of the equipment or programming associated with or utilized in ObiBooks. The Site is not responsible for the conduct, whether online or offline, of any User of ObiBooks. The Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The Site is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, traffic congestion on the Internet or on ObiBooks or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with ObiBooks. Under no circumstances shall ObiBooks be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of ObiBooks, from any User Content posted on or through ObiBooks, or from the conduct of any Users of ObiBooks, whether online or offline. The Site is provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose. We cannot guarantee and do not promise any specific results from use of ObiBooks.
8.Limitation on Liability
In no event shall ObiBooks be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of ObiBooks, even if ObiBooks has been advised of the possibility of such damages.
The Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia. You and The Site agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia to resolve any dispute arising out of the Agreement.
You are solely responsible for your interactions with other Site Users or any other parties with whom you interact through ObiBooks. We reserve the right, but have no obligation, to become involved in any way with these disputes.
You agree to indemnify and hold ObiBooks, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of ObiBooks in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with ObiBooks.
This Agreement is accepted upon your use of ObiBooks or any of ObiBooks services and is further affirmed by you becoming a Member. Your agreement with ObiBooks will always include this Agreement at a minimum. Your access and use of certain Site services will require you to accept additional terms and conditions applicable to such certain Site services, in addition to this Agreement, and may require you to download Software or Content. The failure of ObiBooks to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.