User Agreement - FictionDB

USER AGREEMENT FOR FICTIONDB.COM
FictionDB.com is a database of book related information compiled by FictionDB. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.fictiondb.com. If you do not agree to be bound by the terms and conditions of this User Agreement, do not use or access our services.

This Agreement was last updated on May 20, 2008. We may amend this Agreement at any time.

Copyright
All content on this site, unless otherwise indicated, is copyright 1995-2009 FictionDB. All rights reserved. Reproduction, distribution or transmission by any means without the prior permission of FictionDB is prohibited. FictionDB, RomanceDB, MysteryDB, SuspenseDB, SpeculativeDB and WesternDB are trademarks of FictionDB.

Designated copyrights, trademarks and brands are the property of their respective owners.

Disclaimer
Although FictionDB tries to ensure the accuracy of the database, FictionDB gives no warranty as to the accuracy of the information contained in the database. FictionDB reserves the right to withdraw or delete information at any time.

The database and services provided by FictionDB are provided for the information of users only on an "as-is", "as available" basis. It is not provided with the intention that users rely on this information for any purposes. Accordingly, FictionDB shall under no circumstances be liable for any loss or damage, including but not limited to loss of profits, goodwill or indirect or consequential loss arising out of any use of or inaccuracies in the information. All warranties express or implied are excluded to the fullest extent permissible by law.

A. FREE SERVICES - Basic Browsing
Browsing the book catalog, browsing for items on sale and buying items on sale at FictionDB.com are free. Some areas of FictionDB.com are available by subscription only.

B. SUBSCRIPTION SERVICES
FictionDB.com subscribers can view book detail pages, track their collections online and list books for sale on FictionDB.com

Fees and Payments.
Current subscriber fees for FictionDB are posted on the FictionDB Frequently Asked Questions page at FAQ. To become a subscriber, you agree to pay the subscription fees and any other charges incurred in connection with your user name and password for FictionDB (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, at any time. You are responsible for any fees or charges incurred to access FictionDB through an Internet access provider or other third party service.

Subscriber Limitations.
(a) Only one individual may access FictionDB at the same time using the same user name or password.

(b) We may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

C. LISTING BOOKS FOR SALE (Subscriber Feature)
Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions and other content relevant to the sale of that item.

Fraud. Without limiting any other remedies, FictionDB may suspend or terminate your subscription if we suspect that you have engaged in fraudulent activity in connection with our site.

D. BUYING and SELLING BOOKS
FictionDB is only a venue, a place to list your "classified ad". Within FictionDB.com, FictionDB allows subscribers to offer and sell books. Any visitor to FictionDB.com has an opportunity to buy books listed at FictionDB.com. FictionDB is not involved in the actual transaction between buyers and sellers. As a result, FictionDB has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. FictionDB cannot ensure that a buyer or seller will actually complete a transaction.

Identity Verification. FictionDB cannot and does not confirm each FictionDB user's purported identity. To prevent fraud, we encourage you to communicate directly with potential trading partners to get all of the information from the seller/buyer before sending any money or books. Never send anything to a seller/buyer that will not provide detailed contact information.

Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site.

E. PRIVACY
Privacy and Personal Information
FictionDB protects the identity of visitors to FictinDB.com by limiting the collection of personal information. Only FictionDB subscribers are required to provide personal information. For certain promotions, we may request a voluntary submission of information such as name, e-mail address, city, state, and age. All personally identifiable information collected on FictionDB.com is used only by FictionDB staff for subscription payments, to track site usage patterns and statistics, for market research, or for prize or information-request fulfillment unless otherwise indicated. Such information will not be posted or published by us, nor will it be provided to third parties without consent.

Anonymous aggregated data may be provided to other companies we do business with for statistical or market research purposes.

Cookies
We employ cookie technology to help visitors and subscribers move faster through our site. When you subscribe and sign on to our Web site, we may pass cookies to your computer.

F. LIMITATIONS ON USE.
(a) The content available through FictionDB is our property or the property of the respective book publishers and is protected by copyright and other intellectual property laws. You may display or print the content available through FictionDB for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit, or otherwise provide access to the content received through FictionDB to anyone, including your fellow employees, with the following exception. You may occasionally distribute pages from FictionDB in electronic or non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in FictionDB and the phrase "Used with permission from FictionDB."

(b) You agree not to use FictionDB for any unlawful purpose. We reserve the right to terminate or restrict your access to FictionDB if, in our opinion, your use of FictionDB may violate any laws, infringe upon another person's rights or violate the terms of this Agreement.

G. REVIEWS, COMMENTS, OTHER CONTENT.
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. FictionDB reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Your License to FictionDB: If you do post content or submit material, and unless we indicate otherwise, you grant FictionDB a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FictionDB and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site's policies and will not cause injury to any person or entity; and that you will indemnify FictionDB for all claims resulting from content you supply. FictionDB has the right but not the obligation to monitor and edit or remove any activity or content. FictionDB takes no responsibility and assumes no liability for any content posted by you or any third party.

H. OTHER SITES.
We may link to other Web sites within FictionDB.com. You agree that we are not responsible for, and do not control, those Web sites or services.

I. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF FICTIONDB.COM AND THE CONTENT AVAILABLE THROUGH FICTIONDB.COM IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FICTIONDB, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS ("THE FICTIONDB PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF FICTIONDB.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE FICTIONDB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE FICTIONDB PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

J. GENERAL
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this User Agreement and all incorporated agreements may be automatically assigned by FictionDB, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.