We can change this contract as needed. You must keep up with it.
You must use the site as intended and no screwing around with it and no abuse.
We own the site and its data and design. Authors own their books.
Use the site in a lawful way and can't sell child porn or illegal materials.
You grant us enough license to be able to sell your books for you.
We keep an eye on the site and terminate your account if you mess up.
You can close your account whenever you want and that deletes your data.
We protect your privacy except in legal matters with the authorities.
We own the data generated by the site and the data you submit to the site (except the books) we can use it as necessary.
Readers pay for what they buy and pay the displayed prices plus any applicable taxes.
You own your books
You get 87% of net price of each book.
Net is displayed price minus payment processing fees.
credit card processing fees: 5.65%
Paypal processing fees: 2.9% + $0.30
CC Example: Book priced $5.00. Net is $4.67. If the book is only on Bookapy, then you get $4.06 per copy sold. If it's posted on SOL, SFS or FS (as premier-only), then you get $4.29 per copy sold.
Paypal Example: Book priced $5.00. Net is $4.55. If the book is only on Bookapy, then you get $3.95 per copy sold. If it's posted on SOL, SFS or FS, (as premier-only) then you get $4.18 per copy sold.
If you want to delete your books, then you can. However, Bookapy will have a 'read-on-the-site' service, so if your book is sold at least once, we have to keep one copy for viewing by those who purchase it. You can't take the book away from those who bought it.
We pay through Paypal if your account has $20 or more. We send payments quarterly (Jan 15, Apr 15, July 15 and Oct 15). Author pays Paypal's transaction fee. We can also send a cheque by mail. (Mailing fee of 4% + $5) Other payment methods can be arranged if possible).
Account must be active to get paid. You need to log into the site at least once per pay period in order to get paid.
Sections 16 thru 29: Legalese to cover other legal concern from software to force majeur. Default contract stuff which is necessary to cover our butts.
IF YOU ARE AN AGENT OR EMPLOYEE THEN YOU HEREBY REPRESENT AND WARRANT THAT: (i) AS THE INDIVIDUAL ACCEPTING THIS AGREEMENT YOU ARE DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON THE ORGANIZATION'S BEHALF AND TO BIND THE ORGANIZATION, AND (ii) THAT THE ORGANIZATION HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
"Affiliated Sites" means all websites run by WLC including scifistories.com, finestories.com, storiesonline.net and any future sites that WLC may create that Author chooses to list its Electronic Book(s) on.
"Author" means an entity or person who holds the rights to license their Electronic Book(s) to Customers of the WLC Service.
"Author Fees" means, as applicable: (i) thirteen percent (13%) of the Net Revenue received by WLC from Customers for Author’s Electronic Book(s) licensed solely via www.bookapy.com, or (ii) eight percent (8%) of the Net Revenue received by WLC from Customers for Author’s Electronic Book(s) licensed solely via www.bookapy.com but also made available by Author on an Affiliated Site’s ‘premier’ section.
"Content Standards for Authors" means WLC’s content standards for Electronic Books as updated from time to time by WLC at WLC’s sole discretion.
"Customer" means an individual who uses the WLC Service to purchase a license to an Author’s Electronic Book.
"Derivative Data" has the meaning as defined in Section 12.
"Electronic Book" means an electronic book that is uploaded by Author to the WLC Service.
"Feedback" has the meaning as defined in Section 7.
"Interactive Functions" has the meaning as defined in Section 4.3.
"Net Revenue" means the gross revenues received by WLC from Customers for a certain time period (based on the price set for each Electronic Book as determined by Author) for an Author’s Electronic Book(s), minus Taxes and Withholding Tax (as applicable) and other fees such as payment processing fees.
"Personal Information" means any information relating to an identified or identifiable individual.
"Submit" has the meaning as defined in Section 6.2.
"Tax Registration" means all aspects of the Author registration in which information that may impact the taxation of Author Payments, specifically including the completion of any required governmental forms or substitute forms.
"Taxes" has the meaning as defined in Section 14.1(j).
"User Submissions" has the meaning as defined in Section 6.2.
"We", "Us", "Our" has the meaning as defined in Section 1.
"Website" means www.bookapy.com.
"WLC" has the meaning as defined in Section 1.
"WLC Service" means: (i) means the services and materials WLC makes available via the Website; (ii) the Website; (iii) phone and email support; (iv) all other software, hardware, and systems used by WLC to host and make the WLC Service available for User's use and access; and (v) other software, sites, and services operated by WLC in connection to any of those.
"You", "Your", "User" has the meaning as defined in Section 1 and includes an Author and a Customer as the context requires.
"Your Data" means any data, information, content, records, and files that You load, transmit to or enter into the WLC Service or otherwise provide to WLC, excluding Electronic Books, and any data, information, content, records and files that the WLC Service obtains from Your servers or systems or from third parties on Your behalf (including Personal Information), including any and all intellectual property rights in any of the foregoing.
The information and material on the WLC Service, and the WLC Service may be changed, withdrawn or terminated at any time in Our sole discretion without notice. We will not be liable if for any reason all or any part of the WLC Service is restricted to users or unavailable at any time or for any period.
The WLC Service requires user registration. It is a condition of Your use of the WLC Service that all the information You provide on the WLC Service is correct, current, and complete.
Any user name, password, or any other piece of information chosen by You or provided to You as part of Our security procedures, must be treated as confidential, and You must not disclose it to any other person or entity. You must exercise caution when accessing Your Account from a public or shared computer so that others are not able to view or record Your password or other Personal Information. You understand and agree that should You be provided an Account, Your Account is personal to You or Your organization and You agree not to provide any other person with access to this WLC Service or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You logout from Your Account at the end of each session. You are responsible for any password misuse or any unauthorized access. You may not allow multiple people to use the same Account or otherwise access the WLC Service in a manner intended to avoid incurring fees.
You are prohibited from attempting to circumvent and from violating the security of this WLC Service, including without limitation: (a) accessing content and data that are not intended for You; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting the WLC Service owner's ability to monitor the WLC Service; (f) using any robot, spider, or other automatic device, process, or means to access the WLC Service for any purpose, including monitoring or copying any of the material on the WLC Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the WLC Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; (i) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the WLC Service (j) create any "links" to or "frame" or "mirror" of the WLC Service or any portion thereof; or (k) otherwise attempting to interfere with the proper working of the WLC Service.
You understand and agree that the WLC Service and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by WLC, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
WLC’s name and all related names, logos, product and service names, designs, images and slogans are trademarks of WLC or its affiliates or licensors. You must not use such marks without the prior written permission of WLC. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the WLC Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
Notwithstanding anything the contrary, Electronic Books licensed to Customers are governed by the license in Section 14.1(b) and this Section 5.3 will not apply to Electronic Books. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our WLC Service, in any form or medium whatsoever except:
Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
a single copy for Your personal use only may be printed or downloaded, keeping any proprietary notices thereon, conditional on Your agreement to be bound by any applicable licence terms and conditions, and such copy may not be used for further reproduction, publication, or distribution of any kind on any medium whatsoever; and,
in the event social media platforms are linked to certain content on the WLC Service, You may take such actions as the WLC Service and such third-party social media platforms permit.
You are not permitted to modify copies of any materials from the WLC Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the WLC Service. Unless otherwise stated in Section 15, You must not access or use for any commercial purposes any part of the WLC Service or any services or materials available through the WLC Service.
The content standards in this Section 6 apply to any and all content, Your Data, material, and information a User submits, posts, publishes, displays, or transmits but excludes Electronic Books(s) (collectively, "Submit") to the WLC Service, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
You understand and agree that You, not WLC, are fully responsible for any User Submissions You Submit or contribute, and You are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by You or any other user of the WLC Service.
Without limiting the foregoing You warrant and agree that Your use of the WLC Service and any User Submissions shall not:
Include or contain any child pornography (images of persons under 18 nude or in sexual situation no matter how mild you think they are. No textual description of sexual acts or nudity of any character under 16 year old (the age of consent in Canada).
Include or contain Personal Information that has not been requested by WLC or any Personal Information in respect of which You have not obtained all applicable third party consents, authority and permissions, and have not made all applicable third party disclosures, in each case as required by applicable laws.
Involve stalking, attempting to exploit any individual or harm minors in any way including but not limited to by exposing them to inappropriate content or otherwise or asking for Personal Information.
Involve, provide or contribute any false, inaccurate or misleading information.
Impersonate or attempt to impersonate WLC, a WLC employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the WLC Service, or which, as determined by Us, may harm WLC or users of the WLC Service or expose them to liability.
Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that User Submissions originate from or are endorsed by Us or any other person or entity, if this is not the case.
In addition to making User Submissions, You may provide reasonable feedback to WLC including, but not limited to, suitability, problem reports, suggestions and other information with respect to the WLC Service and services ("Feedback"). You hereby grant to WLC a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the WLC Service and/or services and any other WLC products or services, or for any other purposes, any User Submissions or Feedback provided by You.
Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the WLC Service. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the WLC Service.
Terminate or suspend Your access to all or part of the WLC Service for any or no reason and You agree that any termination of Your access to the WLC Service may be without prior notice, and You agree that We will not be liable to You or any third party for such termination.
Enforce quotas and usage limits (if any) to any part of the WLC Service at its sole discretion, with or without notice, which may result in WLC disabling or throttling Your usage of the WLC Service for any amount of time.
YOU WAIVE AND HOLD HARMLESS WLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY WLC AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER WLC OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the WLC Service or use, and do not and cannot undertake to review material that You or other users Submit to the WLC Service. While We make efforts to do so, We cannot ensure prompt removal of objectionable material after it has been posted and We have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party.
To terminate Your Account, You agree that You must cancel Your Account via a support request using Bookapy.com's Contact Form using while logged into your account. Any other emails or phone requests to cancel Your Account will not be considered a cancellation.
If You cancel an Account, Your cancellation will take effect immediately. Notwithstanding the foregoing, unless not permitted by law, any an all outstanding payment obligations to WLC incurred prior to Account cancellation are non-cancellable.
You hereby irrevocably grant all such rights and permissions in or relating to Your Data: (a) to WLC, its subcontractors and its personnel as are necessary or useful for You to use the WLC Service and for WLC to perform any services; and (b) to WLC as are necessary or useful to enforce this Agreement and exercise its rights and perform its obligations hereunder.
You acknowledge and agree that the WLC Service and services may compile, store and use aggregated data and system usage, analytics and diagnostic information to monitor and improve the WLC Service and services and for the creation of new products. You hereby grant to WLC a non-exclusive, transferable, assignable, irrevocable, worldwide, perpetual license to collect, process and aggregate Your Data and other such information and data and create anonymized, aggregated data records and use such anonymized and aggregated data, and all modifications thereto and derivatives thereof ("Derivative Data") to improve the WLC Service and/or services, develop new products and services, to understand usage, and for any other business purpose. This Derivative Data is no longer associated with You and as such is not Your Data.
For Your convenience, the WLC Service may provide links or pointers to third party sites, content, resources or email content. We make no representations about any other websites, content, resources or email content that may be accessed from the WLC Service. If You choose to access any such sites, content, resources or email content You do so at Your own risk. We have no control over the contents of any such third party sites, content, resources or email content and accept no responsibility for such sites, content, resources or email content or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third party sites, content, resources or email content that may apply. All statements and/or opinions expressed in any such third party site, content, resources or email content other than the content provided by WLC, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of WLC. WLC is not responsible, or liable to You or any third party, for the content or accuracy of any third party materials.
If You are a Customer the following additional terms and conditions will apply:
All prices are quoted and payable in United States dollars. The price charged for the Electronic Book will be the price advertised at the time the order is placed, subject to the terms of any promotions or discounts and tax that may be applicable. The price charged will be clearly stated in Your invoice.
Subject to applicable law, all prices, discounts and promotions are subject to change without notice. Price increases will only apply to orders placed or renewed after the time of the increase.
Payment must be received by Us before Our acceptance of an order. We accept payment made by credit card only and support most major credit cards. However, We do not guarantee the availability of any payment method at any moment and We may add, remove or suspend any payment method temporarily or permanently at Our sole discretion.
You agree that Your order is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by WLC regarding future functionality or features.
Unless otherwise required by law, WLC has no obligation to provide a refund or a credit.
Prices advertised do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, HST, GST, sales, value-added, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). We will bill You for applicable Taxes as a separate line item on each invoice. You are responsible for paying all Taxes associated with Your purchases.
If You are an Author the following additional terms and conditions apply to You:
Author understands and agrees that Author, not WLC, is fully responsible for any Electronic Book(s) uploaded, and Author is fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Electronic Book(s) submitted by Author.
Author’s Electronic Book(s) shall not in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
AUTHOR AGREES THAT AUTHOR IS AND WILL BE SOLELY RESPONSIBLE FOR OBTAINING AND RETAINING ALL NECESSARY AND VALID COPYRIGHT CLEARANCES, MODEL AND PROPERTY RELEASES, WAIVERS, CONSENTS AND CREDENTIALS REQUIRED UNDER APPLICABLE LAW, WORLDWIDE, IN CONNECTION WITH THE ELECTRONIC BOOK(S) THAT AUTHOR UPLOADS TO THE WLC PLATFORM. AUTHOR WILL MAINTAIN COMPLETE AND ACCURATE RECORDS AND WILL PROVIDE SUCH TO WLC UPON REQUEST. AUTHOR WILL PERMIT WLC TO PROVIDE SAME TO THIRD PARTIES IF REQUIRED TO DO SO UNDER APPLICABLE LAW.
To remove Your Electronic Book from public offering on the WLC Service, You agree that You will submit a request to Site Management while logged into your account and WLC will remove the Electronic Book from public offering as soon as reasonably possible. Any other emails or phone requests to remove Your Electronic Book will not be considered.
Author agrees that Author will not take any action to circumvent or otherwise avoid Author Fees. We will use commercially reasonable efforts to pay Author the amount of any Author Payments due on the following payment schedule dates each year: 15th of January, 15th of April, 15th of July, 15th of October after We receive payment in full from the Customer provided that the total unpaid Author Payments equal or exceed twenty (20) United States dollars. Unless required by law, no interest will accrue or will be paid on Author Payments pending or due. A statement of Author Payment due and paid will be made available to Author on a quarterly basis. Unless otherwise mutually agreed with WLC in writing, Author Payments will normally be made via PayPal. Payment can also be sent as a cheque by mail. Fee for payment by cheque is 4% + $5. The Author is required to keep Author’s payment information accurate and up to date.
We will not remit any Author Payment to an Author, or make an Author’s Electronic Book(s) available through the WLC Service, until Author has completed all aspects of the Author registration process, including Tax Registrations. Author further agrees to update Your Tax Registration and other registration information with Us and whenever there is a change in an Author’s individual circumstances that could impact the taxation or delivery of the Author Payment (i.e. changes of address, banking information with the payment processing vendor, contact information, etc.). Author acknowledge that its Tax Registrations may expire from time to time and, when Author agrees to promptly update such Tax Registrations. Moreover, Author agrees to permit Us to place Author Payments on ‘hold’ status at such time that Author’s Tax Registrations expire or in the event that We become aware that the information in Author’s Tax Registrations or payment details is incorrect.
Author acknowledges that We will deduct from the Author Payment all taxes where We have a legal obligation to do so, including withholding tax on international royalty payments, back-up withholding and any other tax levied on the recipient of royalties, but required to be administered by the payer (hereinafter referred to as "Withholding Tax>").
Author Payments will be Author’s sole compensation for the licensing, display, provisioning or use of any Electronic Book(s) made available by Author on the WLC Service. Author acknowledges and agrees that WLC and its affiliates obligations hereunder, including, without limitation, to calculate and to make Author Payments to Author, are and will be general unsecured obligations only, and that You will have no beneficial interest in or to the whole or any part of fees charged to and received from Customers. Author understands that Author and WLC stand in an ordinary contract relationship only, and not in any agency, confidential, fiduciary relationship. Neither WLC nor its affiliates will collect or hold any part of such payments or fees in trust for Your benefit, and do not undertake to act on Author’s behalf or for Author’s benefit in any agency, fiduciary capacity, whatsoever.
Payment to Author is calculated and made in United States dollars. WLC is not responsible for currency exchange rates, currency rate fluctuations, or any processing fees charged by Our or Your payment processors, including PayPal.
WLC will hold-back payments to inactive accounts. Author must log into Bookapy.com at least once per pay period in order to receive their royalties payment.
If an overpayment has been made or a Customer is provided with a refund (as determined by WLC in its sole discretion) in relation to Author’s Electronic Book(s), We will have the right to deduct such an amount from future Author Payments or We may request immediate reimbursement by Author for the amount overpaid to Author or refunded by Us to Customer in relation to Author’s Electronic Book(s).
To the maximum extent permitted by applicable law, Author agrees to defend, indemnify, and hold harmless WLC, its affiliates, licensee's and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Electronic Book(s).
Notwithstanding anything to the contrary in this Agreement, the WLC Service may include Open-Source Components. Any use of the Open-Source Components by You shall be governed by, and subject to, the terms and conditions of the relevant open-source license(s).
The WLC Service may be subject to Canadian export control laws. You shall not, directly or indirectly, export, re-export or release the WLC Service to, or make the WLC Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing or otherwise making or using the WLC Service available outside Canada.
The owner of the WLC Service is based in Toronto, Canada. The WLC Service is not intended for use in any jurisdiction where its use is not permitted. If You access the WLC Service from a jurisdiction that is not permitted, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WLC SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE IS AT YOUR OWN RISK. THE WLC SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WLC NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WLC SERVICE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WLC NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WLC SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WLC SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WLC SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WLC SERVICE AND YOUR COMPUTER, INTERNET AND DATA SECURITY AND MEETING ANY MINIMUM REQUIREMENTS TO USE THE WLC SERVICE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WLC SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WLC SERVICE LINKED TO IT.
UNDER NO CIRCUMSTANCE WILL WLC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WLC SERVICE, ANY LINKED SITE OR SUCH OTHER THIRD PARTY SITE, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WLC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 US). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL OUR THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
The WLC Service is operated by:
World Literature Company, Inc
P.O. Box 44036
541 Montreal Road
All other feedback, comments, reports of misuse, requests for technical support, and other communications relating to the WLC Service should be directed to Management Contact.
WLC take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that are made in accordance with Our Copyright Policy.
You will not assign this Agreement to any third party without WLC's prior written consent. WLC may assign this Agreement or any rights under this Agreement to any third party without Your consent. Any assignment in violation of this Section 27 will be void. The Terms of this Agreement will be binding upon permitted assignees. This Agreement will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
We shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond Our reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Sections that by their context should survive the termination of this Agreement will survive including but not limited to Sections 2 and 5 through 29.
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