Terms & Conditions 2012 |
The Reading Room™ ("TheReadingRoom.com") is owned and operated by BdB Soti Pty Ltd Limited (ACN 127 584 098). Access to TheReadingRoom.com is conditional upon your acceptance and compliance with the terms and conditions, notices and disclaimers contained in this document and elsewhere in TheReadingRoom.com known collectively as "Terms & Conditions". Your access to, and use of, TheReadingRoom.com constitutes your agreement to the Terms & Conditions. TheReadingRoom.com reserves the right to amend the Terms & Conditions at any time. Since you are bound by these Terms & Conditions, you should periodically refer to them in this document and elsewhere in TheReadingRoom.com.
Membership
TheReadingRoom.com has implemented a membership system which offers a more relevant and therefore rewarding experience ("Membership"). To become a member and obtain the full benefits of Membership, you can register your details with us and log in as a member each time you visit the site. The benefits of Membership include personalised recommendations based on your rating of books on your bookshelf; your ability to select various aspects of your profile to be made public on the site; the ability to create a community of friends; receive private messages; access your personal noticeboard; participate in forums and blogs and create reading groups; as well as access a variety of interactive tools and services. Also, to keep you up to date with what's happening on the Site, we'll send you member only offers and regular updates of our products and services. However, TheReadingRoom.com reserves an absolute discretion in relation to the provision its services. We may add or remove in whole or part the TheReadingRoom.com from time to time as it considers reasonably necessary having regard to the cost of supply, usage, perceived user satisfaction or dissatisfaction and/or our business strategy. TheReadingRoom.com also reserves the right to introduce charges for some or all of its services on reasonable notice to members.
To become a member of TheReadingRoom.com, you must first register on the site. At sign-up, you will be prompted for information such as your e-mail address, password, country, state and postcode.
Intellectual property and restrictions on use of content
All information and material on TheReadingRoom.com including, without limitation, all text, graphics, video, audio, animation, software, advertisements ("Content") are Copyright © 2009, 2010, 2012 to TheReadingRoom.com, its suppliers and/or licensors unless expressly indicated otherwise on TheReadingRoom.com. The Content is protected by US, Australian and international copyright and trademark laws. Content on TheReadingRoom.com is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on TheReadingRoom.com or expressly authorised in writing by TheReadingRoom.com. Strictly on the condition that you keep all Content intact and in the same form as presented on TheReadingRoom.com (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- Download and view the Content for your personal, non-commercial use using an industry-standard Web browser,
- If you are an Internet service and/or access provider, supply the Content to your subscriber or customer. You must not use TheReadingRoom.com in any manner or for any purpose, which is unlawful or in any manner which violates any right of TheReadingRoom.com which is prohibited by the Terms & Conditions.
Copyright in bibliographic data and cover images is held by BDB Soti Pty Ltd, Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
News stories, information and/or photos and graphics in The New York Times Book Review must not be sold, reproduced, published, broadcast via radio or television or redistributed in any medium, directly or indirectly, in whole or in part, for any commercial or non-commercial purpose or used for advertising or used for any other purpose other than your non-commercial personal use. The New York Times Syndication Sales Corp. is not liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof of The New York Times Book Review or for any damage arising from any of the foregoing
User licence to TheReadingRoom.com
By placing any information or other material on TheReadingRoom.com (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to TheReadingRoom.com a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
- Reproduce it, publish it, perform it in public, communicate it to the public, make an adaptation of it, reproduce, publish, perform in public, communicate to the public and/or make and adaptation of the adaption;
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of TheReadingRoom.com and any other party authorised by TheReadingRoom.com all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of TheReadingRoom.com, you will execute and deliver to TheReadingRoom.com such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
TheReadingRoom.com contains and/or provides advertising, links to third party websites and e-commerce offers as well as hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of TheReadingRoom.com and TheReadingRoom.com is not responsible for the contents of any linked website or any hyperlink contained in a linked website. TheReadingRoom.com provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by TheReadingRoom.com or its affiliates. Linking to any such website from TheReadingRoom.com is entirely at your own risk.
TheReadingRoom.com also contains third party advertisements (including information about new releases, banner ads and full page advertisements, and community service announcements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by TheReadingRoom.com or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by a third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by TheReadingRoom.com, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Your use of the Service is subject to these, TheReadingRoom.com Terms & Conditions.
Disclaimer and limitation of liability
The Trade Practices Act and similar state and territory Legislation in Australia or other countries of the world may confer rights and remedies on you in relation to the provision by TheReadingRoom.com of goods or services on TheReadingRoom.com which cannot be excluded, restricted or modified ("Non-excludable Rights"). TheReadingRoom.com does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
i) All Content is provided without warranties of any kind, either express or implied,
ii) TheReadingRoom.com and its suppliers expressly disclaim all warranties of every kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
iii) Without limiting the foregoing, TheReadingRoom.com does not warrant that the functions contained in any Content or any User Generated Content or your access to TheReadingRoom.com will be uninterrupted or error-free, that any defects will be corrected or that TheReadingRoom.com or the server which stores and transmits Content to you are free of viruses or any other harmful components
iv) TheReadingRoom.com does not warrant or make any representation regarding your access to, or the results of your access to, TheReadingRoom.com (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
v) you (and not TheReadingRoom.com) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of TheReadingRoom.com) will TheReadingRoom.com be liable (in contract, negligence or any other legal basis) for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which arises from or in relation to your relationship with us, including without limitation, your Membership, any information you obtain from or on recommendation from the TheReadingRoom.com, any use or access of, or any inability to use or access, TheReadingRoom.com or any Content. You expressly acknowledge and agree that TheReadingRoom.com does not exert control over users of TheReadingRoom.com (including individuals referred to on TheReadingRoom.com as guests, members, users or friends) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
Termination
The Terms & Conditions are effective until terminated by TheReadingRoom.com, and TheReadingRoom.com may terminate this agreement and your access to TheReadingRoom.com at any time without notice:
- if it reasonably suspects that you have breached these Terms and Conditions;
- in order to satisfy legal, technical or regulatory requirements;
- TheReadingRoom.com may terminate this agreement on 90 days notice if it decides to cease to provide the services of an online bookclub. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
User Generated Content
TheReadingRoom.com contains electronic bulletin boards, forums, blogs, comments, tags and other services which provide for feedback by users to TheReadingRoom.com, real-time interaction between users (including individuals referred to as guests, members, administrators and users) and other electronic messaging and notice services ("User Generated Content ").
It is a condition of your use of TheReadingRoom.com that:
(a) all User Generated Content generated by you or using your membership account complies with the Acceptable Use Policy.
(b) you acknowledge and agree that:
(A) TheReadingRoom.com does not monitor or Moderate User Generated content although it may view or remove content the subject of complaint;
(B) the comments or opinions contained in the User Generated Content are not the comments or opinions of TheReadingRoom.com, and
(C) TheReadingRoom.com accepts no liability in relation to material posted including its content or accuracy.
(D) All communications posted on TheReadingRoom.com are or may be communicated to the public.
Acceptable Use Policy
In using TheReadingRoom.com you must not:
(a) restrict or inhibit any other user from using or enjoying any part of the site;
(b) post or transmit any material:
(i) which is (or could reasonably be expected to be) unlawful, abusive, defamatory, obscene, threatening, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a virus or other harmful component; or
(v) in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
(vi) which is an invasion of any privacy or duty of confidentiality; or
(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability.
(c) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and
(d) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
TheReadingRoom.com's Rights
TheReadingRoom.com may in its sole discretion:
(a) remove any content including User Generated Content that contravenes the Acceptable Use Policy, is in any way objectionable or in violation of any applicable law or the Terms & Conditions.
(b) terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these Terms & Conditions.
(c) TheReadingRoom.com may in its sole discretion:
Limit the number of titles able to be added to bookshelves. The current limit is 5000 but this may be changed at any time at the discretion of TheReadingRoom.com. Members wishing to add more than 5000 titles to their bookshelf must first contact admin@thereadingroom.com.
(d) report suspected criminal activity to and cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
