These Terms of Service, together with any documents incorporated by reference including our Privacy Policy available at https://www.bookadabra.com/privacy-policy (collectively referred to as the "Agreement"), govern your access to and use of our Services. This Agreement constitutes a legally binding contract between Bookadabra ("we," "us," "our," or "Bookadabra") and you as the user ("you," "your," or "User"). By accessing or using our Services, or by clicking to accept or agree to the Agreement when this option is made available, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a business entity, you represent that you have the authority to bind such entity to this Agreement, in which case "you" shall refer to such entity. If you do not have such authority or do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
"Content" means any files, information, data, or materials uploaded, submitted, or stored by you through the Services.
"Platform" means Bookadabra's online solution for creating, purchasing, and delivering personalized AI-generated printed books as gifts.
"Services" means all applications, products, services, documentation, and software made available through the Platform, including any additional services that may be applicable.
"Third-Party Services" means any services, products, software, or applications provided by a third party that interact with our Services.
"User Data" means data related to your use of the Platform and Services, including but not limited to:
We provide a platform for creating and purchasing personalized AI-generated books. We may update, modify, or enhance the Services from time to time, including adding or removing features and functionalities.
Bookadabra collects User Data, and you grant us permission to collect and use such data to:
Bookadabra may further use User Data:
Certain features of the Platform utilize artificial intelligence ("AI Features"). You acknowledge that:
You grant Bookadabra a worldwide, non-exclusive license to host, copy, and use your Content as necessary to provide you with the Services. Subject to this limited license, we do not acquire any rights to your Content, and you or your licensors retain all rights and ownership. You warrant that you have full rights to provide us with any Content that you submit through the Services.
The Services are not intended as primary storage, backup, or archiving services. You are responsible for backing up your Content and assume responsibility for any lost or unrecoverable Content. Bookadabra is not responsible or liable for any Content, including its accuracy, completeness, reliability, legality, or potential infringement of third-party rights. You are solely responsible for any Content you upload, store, or submit through our Services.
Certain services may allow community members to share content related to our offerings. All content added, created, uploaded, submitted, or posted publicly to the Services by you ("User Content") is your sole responsibility. You represent that all User Content you provide complies with applicable laws and does not infringe upon any third-party rights.
By submitting User Content, you grant Bookadabra all rights to use, display, perform, and exploit such User Content in connection with our Services. You agree that:
You shall not upload, post, or distribute any User Content that:
We reserve the right to remove, edit, or block any User Content at our sole discretion, with or without notice, and to access, preserve, and disclose information as necessary to satisfy laws, regulations, legal processes, or governmental requests.
Bookadabra respects intellectual property rights. In accordance with the Digital Millennium Copyright Act ("DMCA"), we have adopted a policy of restricting access to or removing content that infringes third-party copyrights and, in appropriate circumstances, terminating accounts of repeat infringers.
If you believe content on our Services infringes your copyright, you may submit a written notice including:
Notices should be sent to: support@bookadabra.com
Users whose content has been identified as infringing may supply a counter-notification pursuant to the DMCA. When we receive a valid counter-notification, we may reinstate the material at our discretion. You may be liable for damages if you materially misrepresent that content is not infringing.
You will pay all fees for the Services, and you authorize Bookadabra or its authorized payment processors to charge your selected payment method. Fees are non-refundable except as outlined in our Return Policy available at https://www.bookadabra.com/return-policy.
You are responsible for providing complete and accurate billing and contact information and for updating us of any changes. Billing may be performed by a third-party service provider. We may suspend or terminate Services if fees are past due.
Our fees do not include taxes, levies, or duties such as value-added tax, sales tax, or similar charges. We will charge applicable taxes as required by law.
You agree to:
You must not misuse the Services. You may not:
All rights not expressly granted under this Agreement are reserved by Bookadabra and its licensors. We retain all rights, title, and interest in the Services, Platform, and related intellectual property. This Agreement does not convey any interest in Bookadabra's intellectual property rights.
If you provide any feedback, comments, or suggestions ("Feedback"), you grant Bookadabra a royalty-free, fully paid, worldwide, perpetual, and irrevocable license to incorporate such Feedback into our Services or any current or future products.
You will indemnify, defend, and hold harmless Bookadabra, its affiliates, partners, employees, and agents from all liabilities, damages, and costs (including reasonable attorney's fees) arising from third-party claims alleging that your Content or use of the Services infringes intellectual property rights or violates applicable law, provided such claims arise from your negligent or intentional misconduct.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND BOOKADABRA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL LIABILITY FOR ANY HARM CAUSED BY THIRD-PARTY HOSTING PROVIDERS.
WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL BOOKADABRA BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, OR GOODWILL ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BOOKADABRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BOOKADABRA'S TOTAL LIABILITY FOR ALL DAMAGES RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE FEES PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE EVENT.
THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
This Agreement begins when you first accept it and continues until your subscription expires or terminates, or until this Agreement is terminated.
You may stop using the Services at any time. We may suspend or terminate your access to the Services at our discretion without notice if you do not comply with this Agreement.
Provisions of this Agreement that, by their nature, must survive termination to achieve their fundamental purposes shall continue in effect. Without limitation, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law, and General sections will survive termination.
This Agreement is governed by the laws of the State of Delaware, excluding conflict of law provisions. The courts of Delaware shall have exclusive jurisdiction over disputes arising from this Agreement. You and Bookadabra agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
The Services may be subject to export laws and regulations. You will not permit users to access or use the Services in embargoed countries or in violation of export restrictions. You shall not provide the Services to persons on government restriction lists.
We use third-party partners for book production and shipping. Delivery times may vary based on location and other factors. We are not responsible for shipping delays beyond our control.
As our Services involve custom-made products, we do not accept returns unless the product is defective or damaged upon arrival. Please refer to our Return Policy at https://www.bookadabra.com/return-policy for details.
Bookadabra may modify this Agreement from time to time, with changes becoming effective when posted on the Platform. You are responsible for regularly checking for updates. Continued use of the Services constitutes acceptance of the revised Agreement.
If any provision of this Agreement is deemed unlawful or unenforceable, that provision shall be severed from the remaining provisions, which will remain valid and enforceable.
No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach of any provision.
Nothing in this Agreement creates any agency, partnership, trust arrangement, fiduciary relationship, or joint enterprise between you and Bookadabra.
This Agreement contains the entire understanding between Bookadabra and you regarding your use of the Services and supersedes all prior agreements. You confirm that you have not relied on any representation except as expressly stated in this Agreement.
You may not assign your rights or delegate your obligations under this Agreement without Bookadabra's prior written consent. Any attempted assignment will be null and void. Bookadabra may assign its obligations to affiliated entities with notice posted on the Platform.
There are no third-party beneficiaries to this Agreement. Users are not third-party beneficiaries to your rights under this Agreement.
If you have questions or need assistance, our customer support team is available by email at:
Bookadabrahttps://www.bookadabra.com
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