1. Acceptance and Changes
OfficeBooks Inc (“we”/”us”) make the OfficeBooks business management service
available at the website www.OfficeBooks.com (together “the Service”) on
Please read this Agreement carefully as it constitutes a legal agreement. If you
do not agree to these terms then you may not use the Service.
The, the form and nature of the services we provide may change from time to time
without prior notice to you. In addition, we may stop providing access to or aspects
of the Service (or any features within the Service) to you or to users generally
and we may not be able to provide you with prior notice. We also retain the right
to create limits on use and storage at our sole discretion at any time without prior
notice to you.
The Service may include advertisements, which may be targeted to the Content or
information on the Service, queries made through end-users of the Service or other
information. The types and extent of advertising on the Service are subject to change.
In consideration for us granting you access to and use of the Service, you agree
that we (and our third party providers and partners) may place such advertising
on the Service or in connection with the display of Content or information from
the Service whether submitted by you or other users of the Service.
3. Accounts and Passwords
In order to access certain features of the Service, you will need to create an OfficeBooks
account. Once you have created an account, you will be a “Registered User.” In creating
an account, you agree to provide accurate, current, and complete information.
You are responsible for safeguarding any password that you use to access the Service.
You agree not to disclose your password to any third party. You agree to take sole
responsibility for any activities or actions under your password, whether or not
you have authorized such activities or actions. You will immediately notify us of
any unauthorized use of your password. You are responsible for keeping your account
information current and accurate; we will have no liability for failure to deliver
notices that result from inaccurate account information or otherwise and we will
not, be liable for any loss or damage arising from your failure to comply with these
4. Content on the Service
“Content” means any text, graphics, data, pictures, audio, videos,
or other materials available through the Service.
All Content, whether publicly posted or privately transmitted, is the sole responsibility
of the originator. We may not monitor or control the Content posted through the
Service although we may view some of your Content in the process of carrying out
maintenance on the website or Service (including testing and providing upgrades
to the Service software). We cannot take any responsibility for Content on the Service
although we will use reasonable endeavours to keep such content safe, secure and
confidential. Any use or reliance on any Content or materials posted via the Service
or obtained by you through the Services is at your own risk.
We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. Under no circumstances
will we be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or 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 Service.
5. Limited License
Subject to your compliance with the terms and conditions of this Agreement, we grant
you a royalty-free, non-assignable and non-exclusive license to use the OfficeBooks
software that is provided by us as part of the Service. This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Service as provided
by us, in the manner permitted by these Terms.
No license or right is granted, by implication or otherwise, to you, under any intellectual
property rights or other proprietary rights now or hereafter owned or controlled
by us or our licensors, except for licenses and rights expressly granted in this
Agreement, and we reserves all other rights..
6. Your License to Us
We do not claim any ownership rights in any of your Content that you may choose
to make available through the Service. After posting or making Content available
through the Service, you continue to retain all ownership or license rights in your
Content and you continue to have the right to use your Content as you choose. However,
by posting or making available Content through the Service, you hereby grant us
a license to use the same for the purposes of : i) aggregating data for marketing
or statistical purposes; ii) selecting relevant advertising based on your account
data; and iii) providing or delivering the Service.
By submitting Content, you represent and warrant to us the following with respect
to each submitted file: (a) that you either own all necessary intellectual property
rights in the Content or have secured all necessary licenses or other rights to
grant the rights in Section 6 above; (b) that you have the consent, release, and/or
permission of each identifiable individual person in the Content to use the name
or likeness of each such identifiable individual person to enable inclusion and
use of the Content on the Service; and (c) that no portion of the Content infringes
another’s copyright, trademark, patent, trade secret or other intellectual property
right, moral right, right of publicity, or privacy.
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Service and to terminate users or close
accounts. We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user support
requests, or (v) protect the rights, property or safety of any person.
Notwithstanding the licence grant to you in section 5, you (and those using your
account), may not do any of the following while accessing the Service:
· Use the Service to sell a product or service, or to increase traffic to your website
for commercial reasons, such as advertising sales, except for carrying out such
activities using the tools expressly provided through the Service for that purpose.
· Access, tamper with, or use non-public areas of the website, or our computer systems,
or the technical delivery systems of our providers;
· Attempt to probe, scan, or test the vulnerability of our system or network or
breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent
any technological measure protecting the website and Service or any Content posted
on or available through the Service;
· Attempt to access, search, or meta-search the Service with any engine, software,
tool, agent, device, or mechanism other than the software and/or search agents provided
by us or other generally available third party web browsers, including but not limited
to any software that sends queries to the website to determine how a website or
webpage ranks for various queries;
· Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements
for products or services;
· Attempt to decipher, decompile, disassemble, or reverse engineer any of the software
used to provide the Service or the Content;
· Interfere with, or attempt to interfere with, the access of any user, host or
network, including but not limited to, sending a virus, overloading, flooding, spamming,
or mail-bombing the Service;
· Impersonate or misrepresent your affiliation with any person or entity, or otherwise
· Violate any applicable law, regulation, or ordinance;
· Harm or threaten to harm users in any way;
· Collect or store personal data about other users; or
· Use the Service for any purpose or the benefit of any third party or in any manner
not expressly permitted by this Agreement.
· Block or filter (or attempt to block or filter) out advertisements on the Service.
We have the right to investigate and prosecute violations of any of the above restrictions,
including but not limited to intellectual property rights infringement and Service
security issues, to the fullest extent of the law. We may involve and cooperate
with law enforcement authorities in prosecuting users who violate this Agreement.
You acknowledge that we have no obligation to monitor your access to or use of the
Service or Content, but we have the right to do so for the purpose of operating
the Service, to ensure your compliance with this Agreement or to comply with applicable
law or the order or requirement of a court, administrative agency or other governmental
In the event that a third party violates or appears to have violated any of the
above restrictions which impact on security of the Service, we will use reasonable
endeavours to safeguard your Content and restore the integrity of the website.
You will indemnify us and our agents, affiliates, and employees from any liability,
loss, or expense (including but not limited to reasonable attorneys’ fees and costs)
resulting from any third-party claim or proceeding in which it is alleged that any
of your Content or the use thereof infringes or violates the intellectual property
rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
10. Warranty Disclaimer
Your access to and use of the websiite and Service is at your own risk. You understand
and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, OFFICEBOOKS AND ITS PARTNERS DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for the completeness,
accuracy, availability, timeliness, security or reliability of the Service. We will
not be responsible or liable for any harm to your computer system, loss of data,
or other harm that results from your access to or use of the website, Service or
any Content. You also agree that we have no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content and other communications
maintained by the Service. We make no warranty that the Service will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from us or through the r Service, will create
any warranty not expressly made herein.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFICEBOOKS, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE
THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING
WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental damages, so the limitations
above may not apply to you.
13. Links to Third Party Sites
The website and Service may contain links to third-party websites or resources.
You acknowledge and agree that we are not responsible or liable for: (i) the availability
or accuracy of such websites or resources; or (ii) the content, products, or services
on or available from such websites or resources. Links to such websites or resources
do not imply any endorsement by us of such websites or resources or the content,
products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such websites
14. Sponsored Links
Results appearing under the heading "Sponsored Links" may be provided
by a third party provider of pay-for-performance search listings. The third party
provider generates highly relevant sponsored results by allowing advertisers to
bid for placement in this area based on relevant keywords. These results, which
are powered by the third party's (or its licensors') advanced algorithms, are then
distributed across the Internet to some of the world's most popular and well-known
websites, including but not limited to our website. Because the third party provider
is responsible for the "Sponsored Links" results, please contact the third
party provider if you have any concerns about any of these results. We are not responsible
for, and has no liability for, the "Sponsored Link" results.
15. Proprietary Rights Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations
of OfficeBooks used herein are trademarks or registered trademarks of OfficeBooks
Inc. You will not delete or in any manner alter the copyright, trademark, or other
proprietary rights notices appearing on any part of the Service except for your
own user Content.
Our failure to enforce any right or provision of these Terms will not be deemed
a waiver of such right or provision. In the event that any provision of these Terms
is held to be invalid or unenforceable, the remaining provisions of these Terms
will remain in full force and effect. These Terms and any action related thereto
will be governed by the laws of the province of Ontario without regard to or application
of its conflict of law provisions or your province or country of residence. All
claims, legal proceedings or litigation arising in connection with the Services
will be brought solely in Ontario, Canada, and you consent to the jurisdiction of
and venue in such courts and waive any objection as to inconvenient forum.
17. Entire Agreement
us and you regarding the Service and these Terms supersede and replace any prior
agreements between us and you regarding the Service.
We may revise these Terms from time to time, the most current version will always
https://panel.officebooks.com/tos.aspx. If the revision,
in our sole discretion, is material we will notify you via an update or e-mail to
the email associated with your account. By continuing to access or use the Service
after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at: email@example.com
Effective Date: 1 November 2010