TERMS AND CONDITIONS
Welcome to EastSideBookShop.com!
This website is owned and operated by MylestoneDigital, hereinafter referred to in this document as "EastSideBookShop.com".
These are the terms and conditions for:
The following terms and conditions apply to your use of the website. This includes the mobile and tablet versions, as well as any other versions of EastSideBookShop.com accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE WEBSITE.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of EastSideBookShop.com. By registering and using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use EastSideBookShop.com after such modification is posted; therefore, it is important that you review this agreement regularly.
Use of the website is prohibited for children under the age of 13. In the case of children under 18 and over 13, it is the responsibility of parents and legal guardians to determine whether use of the website or any of the content and functionality available on the website is appropriate for their child or minor in custody.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. EastSideBookShop.com may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
When registering on the website, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EastSideBookShop.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without EastSideBookShop.com's prior authorization. EastSideBookShop.com will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the website or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to EastSideBookShop.com.
EastSideBookShop.com reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if EastSideBookShop.com believes that you have breached any of these terms, provided EastSideBookShop.com with false or misleading information, or interfered with another's use of the website or the service.
By providing EastSideBookShop.com with your email address, you agree that we may use your email address to send you notifications about EastSideBookShop.com. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your request through our contact information or by using the "unsubscribe" option in the emails or through the notifications section of the user's account settings. Opting out may prevent you from receiving emails about updates, news or special content.
4. PREMIUM SERVICES
Users will be able to post free ads on the website but will be able to access premium features that will allow the user to better position the ads on the website. When a user purchases a premium service, EastSideBookShop.com will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and the start of the premium service. If the user does not receive the confirmation email of the purchase and the start of the service, it is possible that it has been sent to their spam folder.
EastSideBookShop.com may change or discontinue the availability of premium services at any time at its sole discretion. If the purchase of a service is cancelled, the payment made for the service will be refunded in the corresponding billing period. This does not affect your statutory rights.
Premium services may include automatic recurring payments. You authorize EastSideBookShop.com to renew the premium service and to charge you periodically and progressively on each billing date. The billing date is the date on which you purchase the premium service and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding billing fee. The service will remain active until you cancel it or we terminate it. You must cancel the service before it renews to avoid the next billing period. We will bill you for the billing fee in the payment method you choose during registration and purchase of the premium service.
Premium services will automatically renew for an additional period unless cancelled before the next billing period. Users may cancel the premium service through the user account settings or by submitting a request through our contact information and the premium service will be cancelled for the next billing period. If a premium service is cancelled, the user may continue to use the premium services until the next billing period, at which time the service will be suspended.
Premium services can be paid through the following payment methods:
Credit/debit card (Stripe)
Payment for the services will be charged to your credit/debit card or PayPal account immediately upon completion of the payment process for the corresponding premium service. The premium service will be activated upon completion of the payment and registration process and will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the Buyer service of the relevant payment website.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the services. EastSideBookShop.com reserves the right to engage any payment website available on the market, which processes your data for the sole purpose of processing the purchase of the services.
Users may provide and upload content and information through the website. users retain any copyrights or other rights they may have in the content and information they provide through the website. EastSideBookShop.com is not responsible for the accuracy, safety or legality of the content posted on the website by the users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the website, the user grants EastSideBookShop.com a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the content of the user for the sole purpose of using and displaying it within the website and to the general public.
7. USER CONTENT REPRESENTATIONS AND WARRANTIES
EastSideBookShop.com disclaims all liability in connection with the content of the users. Users are solely and exclusively responsible for their content and the consequences of providing content through the website. By providing and uploading content through the website, you affirm, represent and warrant that:
You are the owner of the content you provide through the website, or have the necessary licenses, rights, consents and permissions to authorize EastSideBookShop.com to publish and display your content through the website.
Your user content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes EastSideBookShop.com to violate any law or regulation.
Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
Your content does not and will not contain hateful content, threat of physical harm or harassment.
In addition to the above representations and warranties, the creator is prohibited from providing and publishing the following types of content:
Content depicting, promoting, facilitating or soliciting (real, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hardcore bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.
Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on EastSideBookShop.com.
Any content that depicts illegal behavior or that may be considered obscene under applicable law.
Any content that uses or promotes sweepstakes, lotteries or games of chance and gambling.
Any content that violates anti-discrimination laws.
Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information from users or third parties without their consent.
8. USER CONTENT DISCLAIMER
The contents posted by users through the publication of ads are not offered or provided by EastSideBookShop.com. EastSideBookShop.com's services are limited to providing the platform to facilitate the posting of such notices only. EastSideBookShop.com is at no time responsible for the products, services and content posted by users through postings on the website.
EastSideBookShop.com is not responsible for the accuracy, safety or legality of the content posted by users through postings on the website. EastSideBookShop.com makes no representations whatsoever about the products, services or content posted by users through the website. EastSideBookShop.com is not a party to any transaction in connection with the products, services or content posted by users through advertisements on the website.
Disputes arising between users in connection with content posted by users in advertisements on the website shall be resolved by the users themselves. EastSideBookShop.com will not accept any claim in relation to the content posted in the advertisements by users.
EastSideBookShop.com shall not be liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any claim or legal action against another or other users, each and every user involved in such claims or actions exempt EastSideBookShop.com from any liability.
10. LICENSE TO USE THE PLATFORM
EastSideBookShop.com grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the website that EastSideBookShop.com provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services provided by EastSideBookShop.com, in the manner permitted by these terms. You may not copy, modify, distribute or sell any part of our website or services without our permission.
You agree not to use the website and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the EastSideBookShop.com website or third parties.
EastSideBookShop.com reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if EastSideBookShop.com believes that the user has violated any of these terms or has interfered with the use of the website or the service by others.
All EastSideBookShop.com materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by EastSideBookShop.com or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all EastSideBookShop.com Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of EastSideBookShop.com. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use EastSideBookShop.com or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
12. COPYRIGHT INFRINGEMENT
EastSideBookShop.com will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). EastSideBookShop.com respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement of ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that EastSideBookShop.com can find it on the website.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf.
Upon receipt of a copyright infringement request, EastSideBookShop.com will contact the allegedly infringing user so that the user can respond to the copyright infringement request.
Responses to copyright infringement requests must contain the following:
The physical or electronic signature of the user.
The identification of the content that has been removed or the place where the content was posted.
A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
The name, address and telephone number of the user.
A statement that the user consents to the jurisdiction of the court in which the user is located.
In the event that the alleged infringing user fails to respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily prove ownership of such copyright in the content and requests removal of such content from the platform, EastSideBookShop.com will remove the content from the platform immediately.
All copyright infringement requests and responses may be submitted through our contact information.
13. PERSONAL INFORMATION
Through the website, EastSideBookShop.com may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, EastSideBookShop.com does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
15. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by EastSideBookShop.com or licensed to EastSideBookShop.com by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
Using the services or content for any commercial purpose, outside the scope of the commercial purposes explicitly permitted in this agreement and related guidelines made available by EastSideBookShop.com.
Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or otherwise exploit any content of the services, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions of any robot exclusion header on the website or circumvent or circumvent other measures employed to prevent or limit access to the website.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Establish a deep link to any part of the website for any purpose without our express written permission.
Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by EastSideBookShop.com.
Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content.
16. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, EastSideBookShop.com provides and maintains the website on an "as is," "as available" basis and does not promise that use of the website will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the website in breach of these terms, you shall be liable for and shall reimburse EastSideBookShop.com for any loss or damage caused as a result.
EastSideBookShop.com shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or acts of God.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, EastSideBookShop.com excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify EastSideBookShop.com of, and EastSideBookShop.com shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
Any incorrect or inaccurate information on the website.
Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the website.
Any loss or damage resulting from your use of or inability to use the website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content on the website or by transmissions through e-mails or attachments received from EastSideBookShop.com.
All representations, warranties, conditions and other terms that would, but for this notice, be in effect.
17. ELECTRONIC COMMUNICATIONS
EastSideBookShop.com will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
18. THIRD PARTIES
Through your use of the website and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where EastSideBookShop.com provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that EastSideBookShop.com is in no way responsible for such third-party websites.
You agree to defend and indemnify EastSideBookShop.com from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the EastSideBookShop.com website.
20. CHANGES AND TERMINATION
We may change the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by EastSideBookShop.com without restriction.
22. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between you and EastSideBookShop.com, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with your use of the website or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. EastSideBookShop.com may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.
The courts of the United States, specifically the courts located in the State of Mississippi or Tennessee, shall have jurisdiction over any dispute, controversy or claim relating to EastSideBookShop.com and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Mississippi or Tennessee.
24. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the EastSideBookShop.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
25. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
MylestoneDigital - EastSideBookShop.com.