Web Site Terms and Conditions of Use
1. Terms
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TbookXchange OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for TbookXchange. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.TbookXchange.com (the "Website"). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. In case you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. The materials contained in this web site are protected by applicable copyright law.
You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below, before you may become a member of TbookXchange.
We may revise this Agreement at any time by posting the revised terms on the Website. Except as stated below, all revised terms shall automatically be effective 30 days after they are initially posted on the Website. This Agreement may not be otherwise revised except in a writing signed by you and TbookXchange. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on July 1st, 2010 for all users.
2. Membership Information
2.1 General
Our services are available only to, and may only be used by individuals who are students, and can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or too temporarily or indefinitely suspended TbookXchange members. If you do not qualify, please do not use our Website. Further, your TbookXchange account (including feedback) and User ID may not be transferred or sold to another party.
2.2 One Account per Person
No individual is permitted to have more than one single account at any time.
2.3 Registration in Own Name
Accounts must be registered by the same individual seeking a TbookXchange membership. Registration of accounts in a name other than the registrant's, fictitious or real, is explicitly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. TbookXchange prosecutes fraud to the fullest extent of the law.
3. Fees and Services
Joining and eXchanging Textbooks on TbookXchange.com is free.
4. TbookXchange is a venue
4.1 TbookXchange is a facilitator and not a middleman
Although we are commonly referred to as an online eXchange website, it is important to understand that we do not set up eXchanges, we merely facilitate them. Instead, the Website acts as a place to allow individuals to eXchange their Textbooks, at anytime, and from anywhere. We are not involved in the actual transaction between fellow traders. As a result, we have no control over the safety, quality, or legality of the Textbooks eXchanged, the accuracy and the truth of the listings, or even the ability of traders to eXchange. We cannot ensure that a trader will actually complete an eXchange. Therefore, we do not transfer legal ownership of Textbooks from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of IL.
4.2 Verifying your Identity
We use many techniques to verify the accuracy of the information our users provide us when they register on the Website. However, because user verification on the Internet is difficult, TbookXchange cannot and does not confirm each user's supposed identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential eXchanging partners through the tools available on the Website, to make the exchange.
4.3 Release
Because we are a venue, in the event that you have a dispute with one or more users, you release TbookXchange (and our founders, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You waive any right which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4.4 Control of Information
We do not control the information provided by other users that is made available through our system. There might be that you find other user's information to be erroneous, harmful, insulting or even unreliable. Please use common sense, caution, and practice safe eXchanges when using the Website. Please note that there are risks of dealing with people acting under false pretense. By using this Website, you agree to accept such risks and TbookXchange is not responsible for the acts or omissions of users on the Website.
TbookXchange may make available to users of the Website, message boards, opinion forums, bulletin board services or other interactive communication facilities as time pass. TbookXchange cannot review all communications made on or through the Website. However, TbookXchange reserves the right to monitor the Forums and edit, modify or delete any materials which TbookXchange in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any TbookXchange policy, either written or unwritten. TbookXchange also reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of TbookXchange. You as a user agree not to use TbookXchange.com forums for the posting of any material that is illegal, pornographic, threatening, obscene, sexually explicit, damaging to third parties, contravene on intellectual property rights, defamatory, or otherwise unacceptable.
5. eXchanges
As a user and a trader you are obligated to complete all eXchanges you have accepted and initiated, that have been completed. By accepting an eXchange you agree to be bound by the conditions of the eXchange included in the Textbook’s description so long as those conditions of eXchange are not in violation of this Agreement or unlawful in any way. Unless you and your fellow trader agree otherwise, you will become the Textbook’s lawful owner upon physical receipt of the Textbook from the seller, in accordance with IL laws. Accepted eXchanges are not retractable except in exceptional circumstances, such as: when your eXchanging partner significantly changes the Textbook’s description after you accept; since then a clear typographical error is made.
6. Listing and eXchanging
6.1 Listing Description
You must be legally able to eXchange the Textbook(s) you list for eXchange on the Website. You agree all Textbooks posted and eXchanged are legal and do not infringe on any intellectual property rights, including but not limited to copyrights, trademarks, and patents. Your listings may only include text descriptions and other content relevant to the condition and nature of the Textbook you are eXchanging.
TbookXchange.com cannot review Textbooks posted to the Website. You agree to assume full responsibility for any Textbooks posted to your account and eXchanged or shipped by you. You agree to hold TbookXchange harmless for any violations of law or regulation that arise in connection with the posting to your account of Textbooks resulting in civil or criminal liability.
All Textbooks listed must be in a condition no worse than acceptable and must be fully functional, readable and accurate according to the condition guidelines laid out here: http://www.TbookXchange.com/PopupConditionDesc.aspx
6.2 Shipping
In case you choose to make an eXchange where shipping is necessary, you agree to ship your item within 24 hours of an eXchange being accepted. Failure to do so is in violations of TbookXchange’s policy and can result in your account being suspended.
Textbooks lost or damaged in transit are the sole responsibility of the shipping member. TbookXchange is not responsible for any Textbook that is shipped by a member and is lost or damaged in the shipping process.
6.3 Fraud
Without limiting any other remedies, TbookXchange may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website. This includes, but without limiting, failing to ship a Textbook when you are obligated to do so, or failing to acknowledge the delivery of a Textbook when you in fact have received it.
TbookXchange prosecutes fraud to the fullest extent of the law, including wire or mail fraud in violation of U.S. and state law. TbookXchange assumes no liability for this or any other fraudulent activity by its members.
7. Your Information
7.1 Definition
"Your Information" is defined as any information you provide to us or other users in the registration, eXchanging or listing process, in any public message area (including discussions, groups, Textbook reviews or the review area) or through any email feature. You are solely responsible for “Your Information”, and we act as a passive medium for your online distribution and publication of Your Information.
7.2 Restricted Activities
Your Information or any Textbooks listed and your activities on the Website shall not: (1) be false, inaccurate or misleading; (2) be fraudulent or involve the sale of counterfeit or stolen Textbooks; (3) violate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (5) be defamatory, eXchange vilifying, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (7) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, destructively hinder with, secretly intercept or seize any system, data or personal information; (8) create liability for us or cause us to lose services of our ISPs or other suppliers in full or in part; and (9) link directly, or indirectly to or include descriptions of goods or services that are prohibited under this Agreement. (10) link directly, or indirectly to, or include descriptions of goods or services that are at the same time as listed for eXchange on a web site other than TbookXchange's, ( this does not prevent linking to TbookXchange and neither does it prevent advertising a TbookXchange Textbook from another web site).
7.3 License
Solely to enable TbookXchange to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TbookXchange will only use Your Information in accordance with our Privacy Policy.
7.4 Passwords
Use of this Website requires a password. You agree to maintain confidentiality of your password and are solely responsible all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Website) you should notify TbookXchange immediately of the problem to avoid possible liability for unauthorized charges to your account.
7.5 User Content Posted on the Website
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that TbookXchange may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of TbookXchange violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to TbookXchange.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to TbookXchange an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that TbookXchange may retain archived copies of your User Content. TbookXchange does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
8. Access and Interference
The Website contains robot exclusion headers. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to TbookXchange by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of TbookXchange and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
9. Feedback
9.1 Integrity
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of eXchanges and Textbooks for eXchange you may place on the Website based upon the level of your feedback. If you earn a net feedback rating below a level we deem to be unacceptable, your membership may be suspended, and you may be unable to list, eXchange or even login to the website.
9.2 Export
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by TbookXchange, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating eXchanges between TbookXchange users, you agree that you shall not market or export your TbookXchange feedback rating in any venue other than a TbookXchange operated website.
9.3 Import
We do not provide you the technical ability to import feedback from other (non- TbookXchange operated) websites to TbookXchange because a composite number without the corresponding feedback does not reflect your true online reputation within our community. .
10. Breach
Without limiting other remedies, we may limit your activity, immediately remove your eXchanges or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.TbookXchange.com/PrivacyPolicy.aspx. If you object to your Information being transferred or used in this way please do not use our services.
12. Service Termination
TbookXchange reserves the right to terminate service at any time without notice. In the event of service termination, Website members will not be entitled to any compensation.
13. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your eXchanges on, listing, purchase, solicitation of offers to eXchange, and sale of items.
14. No Agency
You and TbookXchange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Disclaimer
The materials on TbookXchange's web site are provided "as is". TbookXchange makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TbookXchange does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
16. Limitations
In no event shall TbookXchange or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on TbookXchange's Internet site, even if TbookXchange or a TbookXchange authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
17. Revisions and Errata
The materials appearing on TbookXchange's web site could include technical, typographical, or photographic errors. TbookXchange does not warrant that any of the materials on its web site are accurate, complete, or current. TbookXchange may make changes to the materials contained on its web site at any time without notice. TbookXchange does not, however, make any commitment to update the materials.
18. Links
TbookXchange has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TbookXchange of the site. Use of any such linked web site is at the user's own risk.
19. Governing Law
Any claim relating to TbookXchange's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
