1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the dripbook.com domain name, the “Dripbook Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF DRIPBOOK.COM’S PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website.
2. Dripbook Website
These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites (including websites that process payments for Dripbook.com in order to register for the Website) that are not owned or controlled by Dripbook.com. Dripbook.com has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, Dripbook.com assumes no responsibility for any data, including credit card information, collected by any third-party website accessed through Dripbook.com. Dripbook.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Dripbook.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. Dripbook.com hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use other than as may be reasonably necessary to use the Website for its intended purpose; (ii) you will not copy or distribute any part of the Website in any medium without Dripbook.com’s prior written authorization other than as may be reasonably necessary to use the Website for its intended purpose; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You must provide accurate and complete information when you sign up. You must maintain the accuracy of this information. You may terminate your membership at any time by following the online instructions. We may terminate your membership or any of your rights under these Terms of Service at any time without notice. We may charge for our services on the Website and change our fees from time to time in our discretion as advised to you on the Website or otherwise. Specific payment terms may be advised to you as appropriate. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dripbook.com immediately of any breach of security or unauthorized use of your account. Although Dripbook.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dripbook.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Dripbook.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Dripbook.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Dripbook.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes other than solicitations reasonably necessary to use the Website for its intended purpose. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below) other than solicitations reasonably necessary to use the Website for its intended purpose.
4. Types of Accounts
There are two types of accounts available on the Website. Standard accounts are free and have access to a limited set of features. Premium accounts are available for a subscription fee that can be paid annually, quarterly or monthly (the “Payment Period”). Premium accounts have access to all of the standard account features as well as additional features that are exclusive to premium accounts. You agree that we may change the types of accounts that are available on the Website or the features associated with them at any time.
5. Billing for Premium Accounts
By upgrading to a premium account, you are expressly agreeing that we are permitted to bill you a subscription fee. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your credit or debit card (“Payment Method”), including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method in accordance with the Payment Period that you indicate when you register for your Premium Account. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “Settings” button, available at the top of the pages of the Website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
6. Automatic Renewal for Premium Accounts
Your Premium subscription will be automatically renewed after your Payment Period expires. We will bill your subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your Premium membership will automatically renew for successive Payment Period subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each Payment Period in order to avoid billing of the next Payment Period’s subscription fees to your Payment Method.
7. Cancellation of Premium Accounts
You may cancel your Premium subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PAYMENT PERIOD. In order to downgrade your Premium subscription, YOU MUST FIRST REDUCE YOUR NUMBER OF BOOKS, IMAGES, AND GENRES TO THE LEVEL CURRENTLY SUPPORTED BY A FREE, STANDARD ACCOUNT. Under the “Quick Nav” menu, select the “Billing” function, then select the “Cancel Level” sub-Tab and follow the included instructions.
8. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Dripbook.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Dripbook.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
9. User Submissions
A. The Website may now or in the future permit the submission of communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Dripbook.com does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dripbook.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Dripbook.com, you hereby grant Dripbook.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Dripbook.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dripbook.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dripbook.com or any third party; (iii) upload, post, e-mail, post links to or submit material that is harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, sexually or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business other than advertisements or solicitations of business reasonably necessary to use the Website for its intended purpose; (v) impersonate another person; (vi) involves the transmission of “junk mail,” “chain letters,” “pyramid schemes,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (vii) upload, post, email, otherwise transmit, or post links to any material that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age; (viii) harm minors in any other way; (ix) make any sexual request on behalf of a minor or make any sexual request of a minor; (x) “stalk” or otherwise harass another; collect or store personally identifying information about other users for unlawful purposes; (xi) impersonate any person or entity, including, but not limited to, Dripbook.com official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) upload, post, email, otherwise transmit, or post links to any material that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xiii) upload, post, email, or otherwise transmit, or post links to any material that facilitates hacking; (xiv) upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website; (xv) use automated means, including spiders, robots, crawlers, or the like to download data from any Dripbook.com database; (xvi) harvest, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any User Submission from any Dripbook.com database, including, without limitation, by incorporating data from any Dripbook.com database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise; (xvii) sell, distribute, or make any commercial use of data obtained from any Dripbook.com database or make any other use of data from any Dripbook.com database in a manner which could be expected to offend the person for whom the data is relevant; (xviii) create and maintain a Dripbook.com user profile that contains hyperlinks to content not permitted on Dripbook.com; (xix) disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (xx) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (xxi) access the Website after your account or access has been terminated by Dripbook.com; or (xxii) upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Dripbook.com community or the spirit of these Terms of Service.
Dripbook.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Dripbook.com expressly disclaims any and all liability in connection with User Submissions. Dripbook.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Dripbook.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Dripbook.com reserves the right to remove Content and User Submissions without prior notice. Dripbook.com will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Dripbook.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Dripbook.com may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. If Dripbook.com terminates your membership because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of subscription fees.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dripbook.com’s designated Copyright Agent for notifications of claimed infringement can be reached at: P.O. Box 220-295, Greenpoint Station, Brooklyn, New York 11222-0295; Attention: Copyright Agent, email: copyright@dripbook.com. In addition, you may notify us of claimed infringement by flagging a User Submission on the Website and completing a short informational form related to such flagged item. Dripbook.com will then contact you via e-mail and provide you with a more detailed form that complies with all of the requirements of this Section 5(D). You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Dripbook.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dripbook.com with respect thereto, and agree to indemnify and hold Dripbook.com, its owners/operators, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
F. Dripbook.com permits you to link to materials on the Website for personal purposes and as may be reasonably necessary to use the Website for its intended purpose only. Dripbook.com reserves the right to discontinue any aspect of the Website at any time.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIPBOOK.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DRIPBOOK.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE (INCLUDING, FINANCIAL PROCESSING COMPANIES) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DRIPBOOK.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DRIPBOOK.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL DRIPBOOK.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY (INCLUDING ANY FINANCIAL PROCESSING COMPANY), AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DRIPBOOK.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Dripbook.com from its facilities in the United States of America. Dripbook.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless Dripbook.com, Dadaphile, Inc.’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
13. Ability to Accept Terms of Service
If you are a registered user of the Website, you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In you are not a registered user of the Website, you affirm that you are over the age of 13, as the Website is not intended for children under 13, and in such case possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
14. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dripbook.com without restriction.
15. General
You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Dripbook.com, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Dripbook.com that arises in whole or in part from the Website shall be submitted to binding arbitration under the then in force rules of the American Arbitration Association. These Terms of Service, together with the Privacy Notice and any other legal notices published by Dripbook.com on the Website, shall constitute the entire agreement between you and Dripbook.com concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction or a binding arbitrator, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Dripbook.com’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Dripbook.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DRIPBOOK.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date Last Modified
These Terms of Service were last modified December 1st, 2007.
