These are the General Terms and Conditions, as used by Thebookstore (hereafter: “Thebookstore”)
By making use of the website, mobile apps and any other products and services of Thebookstore (hereafter: “the Products”) you declare to explicitly agree with all General Terms and Conditions of Thebookstore (hereafter: “Terms and Conditions”).
The Terms and Conditions apply to Thebookstore’s end-users (hereafter: “Consumers”) and the Thebookstore’s business users of Thebookstore Professional products and services (hereafter: “Professional Clients”) and their clients (hereafter: “Client Members”). Consumers, Professional Clients and Client Members will be referred to in general as “Users”. Users and Thebookstore will be referred to as “Parties”.
- The use of the Products is only allowed, if the General Terms and Conditions and the Privacy Statement are agreed upon, with a few exceptions in a number cases mentioned hereafter. Therefore, by using one or more Products, the Party declares to agree with the Terms and Conditions.
- Thebookstore reserves the right to forbid the use of and/or access to her products without (prior) notice or reason, in example by blocking or removing profiles or by blocking IP-addresses of computers, in case Thebookstore finds this appropriate due to whatever reason.
- Consumer Profiles are restricted to natural persons for personal use only.
- Profiles and groups contrary to previous rules can be removed, without prior notice.
3. Objectionable Content Policy
- Content may not be submitted to the Products and Thebookstore moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:
- sexually explicit materials;
- obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity;
- content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
- content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and
- gambling, including without limitation, any online casino, sports books, bingo or poker.
4. Age Restrictions
- By using the Products of Thebookstore, you represent and warrant that:
- you are 16 years of age or older and you agree to be bound by this Agreement;
- if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and
- your use of the Products does not violate any applicable law or regulation. Your access to the Products may be terminated without warning if Thebookstore believes, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Products, you agree to be bound by this Agreement in respect to your child’s use of the Products.
5. Offered information
- Although the information on this website and contained within the other Products – with the exception of the user generated content – is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Products, whether or not originating from Thebookstore or one of its employees, this is completely at your own risk.
- The information is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. Thebookstore should in example never be used for (self)diagnosis. In any case it is strongly recommended that users immediately consult their doctor with any medical questions, complaints and/or symptoms.
- By accepting these Terms and Conditions the Party explicitly recognizes that Thebookstore cannot be held liable for any defects and/or wrong information contained within the information offered, and the possible damage which may occur in result thereof.
6. Physical exercise and Nutrition
- Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any form of pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
7. Rights of intellectual property
- By accepting these Terms and Conditions the Party explicitly recognizes that all designs, information, images and other content within the Products – with exception of user generated content – are property of Thebookstore, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.
- Thebookstore grants users a limited, personal, non-exclusive, non-sub-licensable, non-transferable and revocable right to use the Products for personal purposes and under the terms and conditions, as stated in these General Terms and Conditions.
- In case Thebookstore and a third party, being a company or institution, agree upon the licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use said Products concerned.
- It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with Thebookstore.
- The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of Thebookstore or third parties.
8. Licensing for shared information
- Our eBooks can be downloaded or read online. Please obtain copyright clearance prior to downloading the books. Our permision to use eBooks, articles, audiorecords etc is included in the items themselves (even for commercial use). You can find content free of copyright from “public domain”. The header/footer in the eBook from TheBookStore will mention that such items are in the public domain. Another books from our collection are still under copyright protection. Each copyrighted item is clearly indicated as copyrighted in the item header and has license included.
- Private Label Rights (PLR)
- Resale Rights (RR)
- Master Resale Rights (MRR) – are added as extra materials, they indicate what is allowed to do with item and what is perhibited
User is allowed to reproduce, distribute, adapt, translate and publicly perform this publication, including for commercial purposes, without explicit permission, provided that the content is accompanied by an acknowledgement that it is clearly indicated if changes were made to the original content.
- Each derivative material / translation / adaptive version should contain the following disclaimer: “TheBookStore assumes no liability or responsibility with regard to the transformation or translation of the original content”
- We work within the framework of Georgian Law on Copyright and Related Rights, namely: Law of Georgia No. 2112-IIS of June 22, 1999, on Copyright and Neighboring Rights (as amended up to Law No. 3032-IS May 4, 2010) http://www.wipo.int/wipolex/en/details.jsp?id=18224 and our two servers are situated in the U.S., so we are subject to U.S. copyright laws http://www.wipo.int/wipolex/en/results.jsp?countries=US&cat_id=11
- By accepting the General Terms of Conditions, the opposite party guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene the law, does not contains (child)pornographic material or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to computers, other electronics or the data or programs contained thereon.
- The Party remains fully responsible and liable for any direct or indirect damage caused for Thebookstore and third parties due the Shared Information by the Party.
9. User information and registration
- The Party declares that the information provided, in example for registration, is correct and complete and that it will update these where possible within the Products, in case of changes. Any passwords should be kept carefully and may not be shared with third parties.
- The Party may not grant third parties access to Products via his own registered account. In case the Party share his account access information with third parties, he will be fully responsible and liable for direct and indirect damage resulting thereof.
- The Party agrees that Thebookstore saves, processes and stores all the data provided by the Party, including through use of the Products. Please also see our Privacy Statement.
- Thebookstore may send varying communications to users via the Products, including update notifications or reminders, e-mails or other communications. Users can indicate at the settings until what extend they wish to receive said communications.
- The Party agrees that Thebookstore may approach the Party for important changes or updates of the Products, in case deemed necessary by Thebookstore. Such communication shall in principle never contain any commercial messages from third parties.
- Members can communicate with each other within the Products, e.g. by placing comments or sending messages or discussing within groups. The Party declares not to send spam, or any other communications which is undesired by the receiver, being commercial or otherwise, including but not limited to threatening, aggressive, obscene, ignominious, offending, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the Products and termination of the user license.
- Thebookstore is at any time free to delete any user communications or other Shared Information without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by Thebookstore.
- For all communication and contact via the Products the following user guidelines apply:
- Keep it always fun and positive!
- Treat each other with respect
- Respect each other’s opinion, even if you do not agree with it
- Do not place “off-topic” messages within discussions
- Do not bother people with irrelevant matters
- Do not advertise for any products or services
11. Information from third parties
- The Products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and website links (hereafter: “Information from Third Parties”).
- Information from Third Parties generally is and cannot be previously checked by Thebookstore, which means that we cannot guarantee the quality and validity thereof. Thebookstore is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
- Third parties may connect to Thebookstore via the API and obtain access to publicly available data contained within the Products, including possibly personal user data which has been published on the Products with their permission. Beside that third parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. The General Terms and Conditions and Privacy Statement from Thebookstore do in principal not apply to applications from third parties. These third parties may use different General Terms and Conditions and Privacy Statements.
12. Unlawful information
- After a report Thebookstore will investigate the presence of unlawful information in one or more of the Products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail
- This report should in any case contain the following information:
- The URL where the alleged unlawful information can be found.
- Your explicit statement that the material is unlawful and why.
- In case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
- In case you represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
- Your name, email address, address and phone number, so that Thebookstore can contact you.
13. Subscription & Cancellation
- Monthly subscriptions will automatically be renewed upon expiration. If we receive the cancellation request after the renewal, the subscription will remain active until the expire date of the current subscription period.
- Thebookstore starts charging members for the monthly subscription fee and any applicable taxes and fees associated therewith, the day that the trial period expires unless the member has cancelled the subscription correctly in accordance with the above conditions. When a person registers to become a member on Thebookstore they have to fill out information about the payment method such as the credit card that they want to use. The payment method may be authorized for a charge up to approximately one month of service as soon as he/she registers. In some cases, if the available balance or credit limit does not cover the full subscription, the access to “the Products” will be cancelled to reflect the accessible charge.
- In case members cancel their subscription, the account will stay active in the remaining subscription period. However, if members win the raffle ending after the subscription has expired, members are not eligible to receive the prize.
- New members to “the Products” are enrolled into our membership with a flat fee per month. Please see pricing per country currency here:
- € 19,99
- $ 19,99 (USD)
- Members can always cancel the subscription by emailing. Remember to include the email used for signing up, name and address details. Members can also cancel their membership directly from their online 24×7 account.
- Subscription fees will be charged for one month at a time. Subscription prices and benefits are subject to change without notice.
- Thebookstore will deactivate access to the service as soon as the subscription expires, or in the case of non-payment.
- In order to keep a subscription active and avoid an unintended deactivation of the member’s subscription, credit card payments might be settled earlier than the exact renewal date of the ongoing subscription period. This will of course not shorten the original subscription period.
14. Shipping of prizes
- We aim to ship the products to you as soon as possible but please allow up to 4 weeks depending on stock availability. If you have any query concerning the receipt of a prize you might have won, please contact our support team
15. Refund policy
- In order to receive a refund of the last payment, users must email.
- Users may only be entitled to a subscription fee refund if they have not used their membership’s benefits.
- Please note that the fee of the trial period is refundable.
- When a refund has been made your subscription will be cancelled automatically and therefore you will no longer have access to Thebookstore.com.
- If you entered any raffle that will end after we have given a refund, you will no longer be entitled to receive the product in the raffle.
- If a chargeback has been done on a subscription fee, you are no longer entitled to any refund.
- Please be informed that your bank might charge you for a currency exchange with your purchase. This currency exchange will not be entitled for a refund.
16. Modifications to the Products
- Thebookstore explicit reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined period or always, without prior notification or after to the Party, whether it concerns paid or unpaid Products.
- This may also result in non-accessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the Party. Thebookstore cannot be held liable for any direct or indirect damage resulting thereof.
17. Modification of the General Terms and Conditions
- Thebookstore reserves the right to change her General Terms and Conditions at any time. After such a modification the changed General Terms and Conditions will be offered for inspection immediately on the website.
- By using the website and the other products of Thebookstore after changes to the General Terms and Conditions the Party declares to agree to the new General Terms and Conditions.
18. Conformity and exclusion of liability
- The Products and the content thereof are delivered by Thebookstore as such, including potential defects.
- Nor Thebookstore, nor her partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the Products or any content thereof.
- Thebookstore cannot and does not guarantee that the Products are available at any moment at any location, and that said availability occurs safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging software or parts.
- The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based on non-compliance.
19. Electronic signature
- By using the Products, the Party provides an electronic signature so that these General Terms and Conditions apply.
20. Application and competence
- These General Terms and Conditions replace all prior agreements or commitments, unless these are explicit agreed upon by an authorized director of Thebookstore.
- One or more parts of these General Terms and Conditions may not apply in the applicable legal system. In such a case the remaining parts of this agreement remain valid between parties.
- Georgian Law applies to this agreement. Any disputes which may result from this agreement will be exclusively decided upon by the competent court in Tbilisi, The Georgia.