DEFINITIONS
The terms “BC” and “Book Cave” are used interchangeably on this agreement.
The terms “MBR” and “My Book Ratings” are used interchangeably on this agreement.
The terms “BCD” and “Book Cave Direct” are used interchangeably on this agreement.
MBR is a service of Book Cave; it provides content ratings for books.
BCD is a service of Book Cave.
USER AGREEMENT
This Agreement contains the complete and entire understanding and agreement between you (User) and the Book Cave (BC) website. The BC website includes My Book Ratings (MBR) and Book Cave Direct (BCD).
This Agreement supersedes any previous communications, representations, or agreements, verbal or written. This Agreement may not be modified or amended orally or in any manner not set forth in writing or permitted by this Agreement.
This User Agreement may be amended by Book Cave at any time and without notice, by amending this document as posted on our site. Any amendments will become effective immediately. Book Cave will send an email to advise User of the changes, but BC is not responsible for any delay in receipt. Users agree to check this license Agreement and terms of use if they have any question regarding the Agreement.
LICENSE GRANT
USER AGREES TO READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE ACCESSING OR USING THE CONTENT.
ALL CONTENT IS COPYRIGHTED AND LICENSED. THIS LICENSE IS NOT SOLD. USING OR ACCESSING THE CONTENT MEANS YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE OR ACCESS THE CONTENT. YOU ARE NOT PERMITTED TO USE THE BOOK CAVE LOGO, THE MY BOOK RATINGS LOGO, THE BOOK CAVE DIRECT LOGO, CONTENT LABELS, CONTENT RATINGS, OR OTHER MATERIALS IN ANY WAY EXCEPT AS AUTHORIZED IN THIS AGREEMENT.
Book Cave hereby grants to User a non-exclusive, nontransferable license to use the content only as authorized in this License Agreement. User agrees to accept this license and use the site only according to this Agreement.
USER ATTESTS AND CERTIFIES
If User is an author or publisher, User attests that User holds all the rights necessary to pictures, book covers, MOBI and EPUB files, and other content they upload to the BC website, or have obtained permission from publishers or other entities to use the copyrighted materials in the BC website.
By creating a magnet or giveaway on BC, User represents that User is not forbidden to do so by other Programs in which User is enrolled, such as Amazon’s Kindle Direct Publishing Select program. BC holds no responsibility for parties who violate the Terms and Conditions of other Programs by using the BCD service. Please check the Terms and Conditions of other Programs in which you are enrolled before creating a BC magnet.
GRANT OF LICENSE TO BC THROUGH USE OF THE BCD PROGRAM
If User chooses to participate on the BCD program by adding a magnet to BC, User grants to BC a non-exclusive license, until terminated, to copy and distribute copies of the book to third parties within the parameters User sets in the subscriber magnet, and to publicly perform and display the book and related information, in part or in whole, through BC’s products and services as they exist now and in the future.
User also grants to BC a non-exclusive license to make minor changes to User’s books, provided that these changes do not materially alter the meaning, context, narrative, or representation of the book. As an example, we may remove debug data from MOBI files for the purpose of reducing their size, or add meta data for the purpose of making ebook sideloading easier for the end-user.
User further grants to BC the right to convert the book into other formats, such as PDF.
LICENSOR’S RIGHTS
User acknowledges that MOBI, EPUB, or any other files BC might make available are the property of the copyright holder and are made available to User for User’s personal use only. These books are protected under the copyright and patent law. User further acknowledges and agrees that all rights, titles, and interest in and to the books, whether in MOBI, EPUB, or any other format BC might make available, including associated intellectual property rights, are and shall remain with the copyright holder.
User acknowledges and agrees that all other content is a proprietary product of Book Cave, protected under the copyright, trademark, and patent law. User further acknowledges and agrees that all rights, titles, and interest in and to the content, including associated intellectual property rights, are and shall remain with Book Cave. All Content Ratings images are trademarked and User may not use them except as put forth below.
COMMUNITY RATINGS, LABELS, AND ICONS (MBR COMMUNITY)
If User is an author or publisher whose book(s) has a community rating on MBR (rating Icons say “MBR Community” at the bottom), even if User is the person who has rated it, User may download the corresponding MBR community rating to use on websites and book covers free of charge. User may also use the Content Labels (All Age, Mild, Mild+, Moderate, Moderate+, Adult, and Adult+).
If User is a reader, User may download and use the MBR Community rating icons free of charge to show the community rating on the books they review or post about.
Groups of authors joining to promote their books may use the Content Labels (All Ages, Mild, Mild+, Moderate, Moderate+, Adult, Adult+) and/or MBR Community Icons on their websites and social media free of charge as long as they also provide a mention of MBR, a link to the MBR website, and submit the books they put MBR Community Icons on for a free listing on My Book Ratings. If User posts only the Content Labels and not the MBR Community Icons, please post “MBR Community” after each one.
Example: All Ages (MBR Community).
If User is a publisher or blogger posting content ratings on multiple books by different authors, User may also use the Community ratings free of charge as long as User links to My Book Ratings to credit MBR for the Content Rating System. This is usually done in the section where User describes how and/or why they rate books. However, it is not necessary to link each icon to our site. If these publishers and bloggers post only the Content Labels and not the Community Icons, they must post “MBR Community” in parenthesis after each one.
Example: Moderate+ (MBR Community).
User agrees to first rate and submit for listing on My Book Ratings any book that User intends on using an MBR Community Icon or label for. Each book will be given a permanent listing on our site free of charge.
ANY SITE THAT IS PRIMARILY A BOOK PROMOTION SITE, WHETHER THEIR SERVICE IS FREE OR PAID, MAY NOT UTILIZE MBR COMMUNITY RATINGS TO POST ON THEIR WEBSITE, SOCIAL MEDIA, OR IN EMAILS TO THEIR SUBSCRIBERS WITHOUT EXPLICIT WRITTEN PERMISSION.
OFFICIAL MBR RATINGS (RATED BY MBR)
Use of the Official MBR Ratings is prohibited by anyone except on books or websites reviewing books whose authors or publishers have obtained those ratings directly from BC. BC has a strict protocol for rating books that requires more in-depth review by independent reviewers. The Official Rating obtained from MBR may be posted with Officially Rated Books on publisher ads, publisher and author websites, book covers and jackets, book descriptions, and used with ads and interviews about the book. All unauthorized use of the Official Ratings is prohibited by law and will be prosecuted.
NO WARRANTY
The content is licensed “as is” and Book Cave disclaims any and all warranties, whether express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Although BC will do its best to make sure that listings are correct, Book Cave is not responsible for incorrect categories, genres, or ratings.
Although BC will do its best to make sure that readers receive the books they signed up for, Book Cave is not responsible for incorrect categories, genres, or ratings. There is also no required amount of emails that BC must send in any period of time.
BC is not responsible for finding a predetermined amount of readers for any advertised book. User agrees that creating good content, great covers, good descriptions, and placing books in the correct genre and rating is what will ultimately sell their books.
BC does not promise to find a predetermined amount of users to rate each book. Neither is BC responsible for erroneous content rating given books by the community. If there is an issue, an official rating may be assigned to the book.
BC is not responsible for User’s or anyone else’s public comments on MBR. BC reserves the right to remove users and comments they determine are abusive.
BC is not responsible for any increase of lack of sales due to Official or community ratings. Each User is responsible for his or her own comments and ratings.
BC is not responsible for any content added to an author’s book after an Official MBR Rating was assigned. In such instances, however, BC may take a new look at that book, which may result in changing or revoking the Official Rating.
BC is not responsible for ensuring that emailed links are still valid or that MOBI or EPUB files uploaded by authors are correct and complete, though BC will do everything in its power to correct any such errors.
LIMITATION OF LIABILITY
In no event shall Book Cave be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if BC has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
NO GUARANTEE OF CORRECTNESS
Book Cave website content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. User acknowledges that Book Cave, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date.
The individual book content may link to other locations via the Internet (for example, a book page on Amazon), and there is no endorsement, guarantee, or warranty made or implied with respect to the content and information available at any other site. Book Cave does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site or have any liability for anything on someone else’s website.
AFFILIATE LINKS
Book Cave uses affiliate tags in product purchase links and will receive a small fee from those external sites if products are purchased there. These monies in no way come from the User or affect the User’s downloads.
These affiliate advertising programs are designed to provide a means for sites to earn advertising fees by advertising and linking to their respective websites, and are often managed by third-party companies. For example, Kobo’s affiliate program is managed by Rakuten Marketing.
For more information about these companies and their collection, use and sale of your personal data and your rights, please go to this page.
PRIVACY POLICY
By using the Book Cave website, User agrees to the collection and use of User’s information by BC in accordance with this Privacy Policy. BC reserves the right to change the terms of this Privacy Policy at any time without notice. User’s continued use of the website following any changes to this Privacy Policy will constitute User acceptance of such changes.
This website automatically (i.e., not via registration) collects technical information when User connects to Book Cave. Examples of this type of information include the type of internet browser User is using, User’s IP address, the type of computer operating system User is using and the domain name of the website from which User linked to the Book Cave website. Also, when User views the BC website, some information may be stored on User’s computer in the form of a “cookie” or similar file.
Information directly provided by User is also collected, such as User’s email address, book information, and author profile.
We will contact User only with the newsletters User subscribes to (User may unsubscribe at any time), in response to an email User sent us, in connection with giveaways User has entered, or in connection with BC services User is using (such as promotion reminders and payment reminders).
All books submitted to BC for promotion will be included on My Book Ratings. Submitting a book to BC constitutes agreement of submission for a permanent listing on My Book Ratings.
We will not sell or distribute this private information to anyone or in any manner, except as required by law. Some ways in which we may use this information include but are not limited to:
- Help solve technical issues;
- Help track criminal activity (such as plagiarism, impersonation, or the use of material for which User or users do not own the copyright or have not obtained permission for use from the copyright holder)
USE OF THE WEBSITE BY MINORS
All subscribers must be 16 or older or have the consent of a parent or guardian. Book Cave does not market toward children under 13. If BC suspects User is underage and using the site without parental consent, the account will be terminated.
PROHIBITED ACTS
No copies or portions of this website are authorized by any User. No copies may be produced by User or any person User employs or associates with. User will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share User’s rights under this License Agreement, including passwords and user names. User further agrees not to disassemble, decompile, convert to another programming language, or otherwise translate the content, and that User will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). User agrees not to alter, publish, copy, cut, modify, or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. User will be held legally responsible for any trademark or copyright or patent infringement that is caused or encouraged by User’s failure to abide by the terms of this License Agreement.
Ebook files cannot be distributed to others by any means. User agrees to not give away copies to the ebooks, post them on file sharing websites, or to distribute them to others by any means.
Book Cave will actively cooperate with law enforcement in investigating all incidents involving plagiarism, fraud, and piracy.
Book Cave will actively cooperate with law enforcement in investigating all incidents involving unauthorized use of Community or Official MBR Ratings as set forth above.
Book Cave reserves the right to deny access to any person or to terminate this license for any reason if BC reasonably believes content is not being used for its intended purpose, or for any other reason in the sole discretion of BC. This includes placing books in the wrong categories or purposely giving books the wrong ratings.
GOVERNING LAW
User expressly agrees that this License Agreement shall be governed by, and construed in accordance with, the laws of the State of Utah, and that any claim or action shall only be filed in the state or federal courts sitting in Utah County, Utah, and you agree and expressly consent to the exercise of exclusive personal jurisdiction in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found 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 this Agreement remain in full force and effect.
SO WHAT DOES IT ALL MEAN? LAYMAN’S (CASUAL) VERSION OF USER AGREEMENT
If you use this site, you agree to our Agreement in its entirety. Book Cave has invested a ton of time and money into this site and you agree not to steal any coding or to copy the idea. Or to tell your son or brother-in-law’s sister to do it. It’s against the law.
Please do not distribute to others the files you download here. They are for your personal use, and the person you’re thinking would enjoy the work can always sign up on their own. So please do share the website, but do not share the ebook files.
We will do everything we can to get readers plenty of the right books and authors plenty of readers, but we can’t guarantee a certain amount or that there will be no technical or user errors.
We have a rigorous approval process to accept and rate books. Authors who choose wrong ratings will be banned from submitting in the future.
We do collect your email information so we can schedule promotions, send you book deals, keep track of books you’ve reviewed, etc., but we don’t sell it anywhere, because that would be rude and unprofessional. We do protect your information through WordPress, so your emails are as safe as we can make them.
We aren’t liable for any claim you make about losing sleep or money or relationships or any other damages from using this site because we do not guarantee that community ratings are perfect, or that any users will content rate a book in the same way as you, or that you’ll get a certain number of downloads, or that we’ll have as many deals as you’d like, or that you’ll like the comments posted by users, etc.
You can use the MBR Community Icons or Labels, as long as you first submit the book you want to use it on. Hey, it’s only fair. We want it in our database! If you’re rating multiple authors books on a website or blog, you have to link to us and give us credit for our system.
If you’re under 13, you must ask your parent if you can subscribe to our services.
Welcome to Book Cave!
Connecting the RIGHT readers with the RIGHT books
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