Welcome to tbr! tbr is a book platform for you to discover, track, recommend and discuss books with friends and other members of the tbr community (“Users”) and is provided and made available to you (‘you” or “your”) by MTCHBK INC. (“tbr”, “we”, “us” or “our”) through the tbr mobile application(s) and the website located at toberead.com (collectively, the “Platform”).
The Platform is an online forum for Users to discover, organize, track, and talk about books with friends and our community.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.
The Platform is subject to scheduled and unscheduled service interruptions. All aspects of the Platform are subject to change or elimination at our sole discretion. You agree that tbr will not be liable to you for any interruption of the Platform, delay or failure to perform.
In order to use the Platform, you must create an account (an “Account”) and sign in using your email address or mobile phone number, which will require validation. You may also be able to create an Account and login to your Account through online accounts you may have with third party social networking sites such as Facebook, Twitter or LinkedIn (each such account, an "SNS Account") by either providing your SNS Account login information through the Platform or allowing tbr to access your SNS Account. By granting tbr access to any SNS Accounts, you understand that tbr may access, make available, store and use in accordance with this Agreement any content that you have provided to and stored in your SNS Account, including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Platform to other users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Platform and tbr may use such personally identifiable information to seek out other publicly available information about you and store, index and use such information for the purpose customizing the delivery of the Platform services to you.
You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
You have the right to close your Account at any time once all obligations associated with the Account have been completed. Please see Section 15, Termination and Cancellation, for more details.
You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing the Platform.
Your use of the Platform is subject to all applicable local, provincial and federal laws and regulations. You must be over the age of 18 to register for an Account and to use the Platform.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.
You agree that you will not use the Platform to:
promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
upload, post or otherwise make available any material that contains viruses, malware or other malicious software
upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
create a false or clearly fictional profile;
engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
engage in any activity that attempts to extract any proprietary software used to maintain the Platform;
track, trace or harvest any information on the Platform or any other person who visits the Platform; or
sell or otherwise monetize the Platform without our consent.
You may access and use the Platform through a mobile device, including through a mobile application. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.
As between tbr and you, you exclusively own all rights, title and interest in and to all data submitted by you to the Platform or collected and processed by you using the Platform (“User Content”).
Client grants tbr a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified Client Data (“Aggregated Data”) and to use such Client Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Platform, conduct research, develop new products and services and understand usage and for predictive analytics and insights. tbr shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party.
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under the control of tbr, and tbr is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk. You acknowledge and agree that tbr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Platform Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Platform includes all of the Platform Content.
Any unauthorized or prohibited use of any Platform Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) and not of tbr. tbr DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT tbr SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the Platform and/or access to the Contents, APIs, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your Account, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iv) you have completed any other obligation(s) associated with your use of the Platform.
No e-mail address found on the Platform may be harvested or otherwise used for purposes of solicitation.