buy Search
buy Search

Terms of Use

Last updated 2014-04-21


Welcome to BookMonster.com (the "Web Site"), a website owned and operated by Aladdin Communications, Inc. DBA BookMonster.

The terms and conditions stated below, along with the policies and guidelines located throughout the Web Site will be referred to collectively herein as the "Terms of Use.” The Terms of Use identify what you, as a user of the Web Site (referred to herein as "you" or "User") can expect from BookMonster, its subsidiaries and affiliates (together referred to herein as "BookMonster" or “we”), and/or persons who provide products or services to BookMonster customers, either directly or through the Web Site, and what BookMonster in turn expects from Users.

By visiting any area on the Web Site, creating an account, making a purchase via the Web Site, posting a review, or creating a profile, or otherwise joining, viewing, visiting, or contributing to the Web Site or its interactive features, you, the User, are agreeing to accept the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Web Site immediately.


Privacy

BookMonster is committed to protecting your privacy. Please review our Privacy Policy, which also governs your use of the Web Site services, to understand our practices.


Copyright

All content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the exclusive property of BookMonster or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Web Site is the exclusive property of BookMonster and protected by U.S. and international copyright laws.


Trademark

The graphics, logos, service marks, trademarks and trade dress of BookMonster and its licensors may not be used without prior written consent of BookMonster or its licensors, as the case may be. Without limiting the foregoing, no BookMonster trademark or trade dress may be used in connection with any product or service that is not BookMonster's in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits BookMonster. All other trademarks not owned by BookMonster or its licensors that appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BookMonster or its affiliates.


License and Site Access

BookMonster grants you a limited license to access and make personal use of the Web Site. This license does not include permission to download anything (other than page caching) or to modify the site, or any portion of it, except with express written consent of BookMonster. This license does not include any resale or commercial use of this site or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site, or any portion of the Web Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of BookMonster. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BookMonster without express written consent. You may not use any meta tags or any other "hidden text" utilizing BookMonster’s name or trademarks without the express written consent of BookMonster. Links to the Web Site without the express written permission of BookMonster are strictly prohibited. To request permission to link to the Web Site, please contact marketing@BookMonster.com. Any unauthorized use terminates the permission or license granted by BookMonster. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BookMonster.com so long as the link does not portray BookMonster, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BookMonster logo or other proprietary graphic or trademark as part of the link without express written permission.


External Links

The Web Site contains links to other web sites on the Internet. We provide these links for your convenience only, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Web Site. We hereby disclaim any and all liability and responsibility with regard to any products or services that you purchase from a third-party web site that links to or from the Web Site or third-party content on our Web Site. We do not endorse any of the products or services listed at these sites, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites or content. We make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, we disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such web site, or that such web site will be free from viruses or other harmful elements.


User Submissions

All communications, comments, feedback, bug reports, suggestions, ideas, content, and other submissions to BookMonster through the Web Site (collectively, "Submissions") shall become BookMonster’s property, and you hereby assign to BookMonster all worldwide rights, titles and interests in all copyrights and other intellectual property in such Submissions. All Submissions, as well as all communications made by you through the Web Site, including, without limitation, blog and chat messages, shall not (i) be illegal, defamatory, trade libelous, threatening, invasive of privacy, or harassing; (ii) be obscene or contain any pornography; (iii) contain any software viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iv) infringe upon any third party's copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights, or rights of publicity or privacy; (v) consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; or (vi) otherwise create or result in any liability for BookMonster. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. BookMonster reserves the right (but has no obligation) to remove or edit any such Submissions. BookMonster has no responsibility and assumes no liability for any Submissions posted on the Web Site by you or any third party.


Your Account

If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use BookMonster.com only with involvement of a parent or guardian. BookMonster reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.


Pricing

The price for an item on the Web Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Web Site. If the price for the item on the Web Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of BookMonster, BookMonster may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.


Risk of Loss

The risk of loss and title for all items purchased via the Web Site pass to the User upon delivery of the item to the carrier.


Product Descriptions

Although BookMonster attempts to make the descriptions of its products as accurate as possible, BookMonster does not warrant that the descriptions or other content on this Web Site are accurate, reliable, complete, or current. If you receive an item from BookMonster that is not as it was described on the Web Site, your sole remedy is to return it unused for a refund.


Communications

When you visit BookMonster.com or send emails to us, you are communicating with us electronically. Communications sent to BookMonster by means of the Web Site or email are not considered delivered or effective unless and until they are actually received and processed by BookMonster’s responsible representative. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOOKMONSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, BOOKMONSTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, PRODUCTS AND/OR SERVICES ON OR ACCESSIBLE THROUGH THE USE OF THE SITE ARE ACCURATE, COMPLETE, OR CURRENT, OR THAT THIS WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEB SITE ASSUMES ALL RISK OF LOSSES OR DAMAGES ARISING OUT OF THE USE OF THE WEB SITE.

BOOKMONSTER SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL), PERSONAL INJURY, OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY, AS A RESULT OF, OR WHICH MAY BE ATTRIBUTABLE DIRECTLY OR INDIRECTLY TO, YOUR ACCESS TO AND USE OF THE WEB SITE, ANY INFORMATION CONTAINED ON THE WEB SITE, OR YOUR PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER BOOKMONSTER NOR ANY THIRD PARTY OR DATA- OR CONTENT-PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY, OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSIONS OF, ANY INFORMATION OR DATA, OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY, OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION OF PERFORMANCE.
OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THESE TERMS OF USE AND/OR YOUR USE OF THE SITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE HUNDRED DOLLARS ($100).

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.


Indemnification

You agree to indemnify and hold harmless BookMonster, including its affiliates and subsidiaries, from and against all liabilities, claims, damages, costs and expenses, including, without limitation, attorneys' fees arising out of your use of the Web Site; any information or other materials you post, upload, email or otherwise transmit using the Web Site (including, without limitation, credit card information); or your violation, breach, or alleged violation or breach, of these Terms of Use.


Conflict of Terms

If there is a direct conflict or contradiction between the provisions of these Terms of Use and any other relevant terms and conditions, policies, or notices that apply to a particular section or module of the Web Site, the other relevant terms and conditions, policies, or notices which relate specifically to a particular section or module of the Web Site shall prevail in respect of your use of that relevant section or module of the Web Site.


Severability

Any provision of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful, or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void. The remaining provisions of any relevant terms and conditions, policies, and notices shall remain in full force and effect.


Applicable laws

Use of this website shall in all respects be governed by the laws of the State of California, U.S., without regard to its conflicts of law principles. The parties agree that the courts located in Los Angeles County, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts and waive any and all objections to such jurisdiction and revenue, including, without limitation, forum non conveniens.


Modification of the Web Site or Terms of Use

You acknowledge and agree that BookMonster reserves the right to change, modify, alter, update, or discontinue the terms, conditions, and notices under which the Web Site is presented and/or the products, services, features, links, content, information, and any other materials are offered via the Web Site, at any time and from time to time, without notice or further obligation to you. By continuing to access or use the Web Site after BookMonster makes any such modifications, alterations, or updates, you agree to be bound by such modifications, alterations, or updates (as applicable).


Waiver; Entire Agreement

Any waiver of any provision of these Terms of Use must be in writing and signed by BookMonster to be valid. A waiver of any provision here under shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and BookMonster relating to the subject matter hereof and supersede any and all prior statements, understandings, or agreements, whether oral or written, regarding such subject matter.


Termination

Your access to the Web Site and your Account may be terminated immediately without notice, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Web Site and your Account, and neither you, nor any third party on your behalf, shall access or attempt to access the Web Site for any purpose whatsoever.


Copyright Complaints

BookMonster respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BookMonster’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BookMonster that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site, including the ISBN if applicable;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


BookMonster's Copyright Agent’s address for purposes of notices of claims of copyright infringement on the Site is as follows:


Copyright Agent

Aladdin Communications, Inc. DBA BookMonster
621 S. Western Ave STE 300
Los Angeles, CA 90005