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”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
These Terms of Use (the “Terms of Use”) constitute a legally binding agreement between you and tbr regarding your access to and use of the Platform, which includes, without limitation, registering for an account (“Account”) on the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use. You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use. These Terms of Use apply to all Users. If you do not wish to be bound by these Terms of Use, please do not access or use the Platform.
These Terms of Use are effective as of [May 1, 2018]. tbr may update or revise these Terms of Use from time to time. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms of Use. If you breach any of these Terms of Use, your authorization to use the Platform automatically terminates and you must discontinue all use of the Platform.
The Platform is an online forum for Users to discover, organize, track, and talk about books with friends and our community.
tbr grants you a non-exclusive, non-transferable, non-sublicenseable, limited license to make personal and non-commercial use of the Platform when you complete and submit the sign-up form on the Platform and only as permitted by these Terms of Use.
This license does not include any resale or commercial use of any part of the Platform, or its contents; any collection and use of any book listings, descriptions, reviews or other material included in the Platform; any derivative use of any part of the Platform or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you herein are reserved and retained by us or our licensors, suppliers, publishers or other content providers. No part of the Platform may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of tbr without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Platform. You may use the Platform only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Use.
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 may change the settings on your Account page to control your profile and how other Users communicate with you. By providing tbr with your email address you consent to our using the email address in accordance with our Privacy Policy.
You are solely responsible for ensuring that the use of the Platform in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Platform.
As part of the registration process, you will be required to provide us with certain information, such as your name, username, email address and a password. For more information about the information that we collect, please see our Privacy Policy. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to provide any unauthorized person with access to your Account.
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 agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach. You also agree that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. tbr shall have no liability for your interactions with other Users, or for any User’s action or inaction.
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”).
By posting any User Content on the Platform, you expressly grant to tbr a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that such User Content is accurate; that use of such User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify tbr for all claims resulting from User Content you post. Except for the foregoing license, tbr does no acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any 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.
By accessing or using the Platform, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy at toberead.com/privacy. Questions or requests with respect to your personal information may be sent via email to hello@toberead.com.
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.
The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of tbr, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with tbr, nothing in these Terms of Use gives you a right to use any of the Platform Content, tbr’ trade-marks or other intellectual property of tbr. You may not assign or transfer any of the Platform Content and you may not grant a license to use or access the Platform to any party.
No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of tbr or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Platform Content that you are permitted to download, transmit, display, print, or reproduce from the Platform.
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.
The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.
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.
You agree to defend, indemnify and hold harmless tbr and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Platform with your unique username, password or other appropriate security code.
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.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and tbr have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and tbr relating to your use and our provision of the Platform.
You agree that tbr may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Platform.
You agree that if tbr does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to tbr.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Platform may be harvested or otherwise used for purposes of solicitation.
To request the consent of tbr for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to hello@toberead.com. tbr reserves the right to refuse any such requests in its sole discretion.