This Agreement is effective from March 15th 2006.
Changes to the Terms and conditions of use
1. ACCEPTANCE OF TERMS
Your access to and use of BookHopper.com and BookHopper.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website
2. GENERAL
2.1 BookHopper.com acts as a venue that allows registered users to swap books. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of users to provide books, or the legitimacy of any users supplying or obtaining books. Do not assume that the offer of any book is valid and legal simply because it is listed on our website. We are not responsible for ensuring that users actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
2.2 You must not use BookHopper.com to swap, or attempt to swap, anything other than books or other printed matter.
2.3 You must not register or swap books which contain:
nudity or pornographic or obscene material;
racist material;
material that is likely to incite hatred against any person or group;
defamatory or otherwise actionable material;
images of any criminal act;
material that breaches any applicable laws or legislation
We do not accept any obligation to protect you from the above items, or any other items considered to be offensive or harmful.
2.4 We may without notice and at our sole discretion delete or remove any book that has been registered with BookHopper.com
3. THE SWAPPING PROCESS
3.1 By offering a book on the website and subsequently having th user request that book you are entering into an agreement with that user that you will post their selected book to their address within 2 days of the swap being agreed by both parties.
3.2 When you request another user's book you are agreeing to have your name, address and email address supplied to the user for the purposes of conduction the swap. We take no responsibility for any misuse of this information.
3.3 Before agreeing to swap books with another user you must ensure that you would legally be able to sell any books that you are providing, and would legally be able to buy any books that you are obtaining, within the United Kingdom, United States, Europe or Canada.
4. ADVICE
The content of the Website does not constitute advice and should not be relied upon in making or refraining from making any decision.
5. CHANGES TO WEBSITE
BookHopper.com reserves the right to:
5.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that BookHopper.com shall not be liable to you for any such change or removal; and
5.2 change these Terms and Conditions at any time and your continued use of the Website shall be deemed to be your acceptance of such change.
6. YOUR MEMBERSHIP AND CONDUCT
6.1 We reserve the right (a) to suspend or terminate any member’s access to BookHopper.com, or parts of it, and/or (b) to edit, or require the Member to edit any material posted on BookHopper.com. Any person whose access has been suspended or terminated must not re-register for, or re-access, BookHopper.com without our prior consent. You are solely responsible for everything that is done on or through BookHopper.com while your membership account is logged on. Although we will never purposefully disclose any of your membership account details to another person, except for those necessary to carry out the swapping process, we are not responsible for the interception or disclosure of your account details at any time.
6.2 You must not register more than one membership account with BookHopper.com.
6.3 You must not transmit through BookHopper.com any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise breach any applicable law or regulation. You must not attempt to gain unauthorised access to our computer system or the computer systems of any other member.
6.4 You will have to give your email address in order to register. Your email address will help us to verify your identity on future visits. In the event that you register using a non-existent email address or an email address that belongs to someone else, BookHopper.com may terminate your account without notice.
6.5 BookHopper.com must not be used by persons under the age of 18 years. If you are under 18 years old you may only use BookHopper.com with the involvement of, and under the supervision of, a parent or guardian. You must not use your own name to register with BookHopper.com if you are under 18 years old; you must use your parent or guardian's name. Books on BookHopper.com, including children's books, must not be swapped by children directly; a parent or guardian must perform the swap.
6.6 BookHopper.com allows members to leave ratings and feedback comments based on their experience of swapping with other members. You acknowledge and accept that ratings and feedback relating to you will be available for viewing by anybody using the Website. We do not view ratings and feedback, and are not responsible for checking or editing the ratings or feedback on the Site, but do reserve the right to alter remove or change ratings of feedback at any time. You consent to the publication of ratings and feedback, even though these may be critical or defamatory. You release BookHopper.com and its employees and agents from, and waive all rights against BookHopper.com and its employees and agents in relation to any liability in relation to the publication of defamatory comments in ratings and feedback, even though we may be aware of such comments.
6.7 When submitting ratings and feedback for another member you must comply with the Feedback Guidelines. You agree to indemnify and hold BookHopper.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to ratings and feedback left by you on the Website.
7. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites
8. COPYRIGHT
8.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website) are owned by or licensed to BookHopper.com or otherwise used by BookHopper.com as permitted by law.
8.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 To the extent permitted by law, BookHopper.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
9.3 BookHopper.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
9.4 Nothing in these Terms and Conditions shall be constructed so as to exclude or limit the liability of BookHopper.com of death or personal injury as a result of the negligence of BookHopper.com or its employees or agents.
10. INDEMNITY
You agree to indemnify and hold BookHopper.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BookHopper.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
11. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English Courts.