Last Updated: March 06, 2019
I. Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you and Zola Books Inc. and its affiliates, subsidiaries, The Everywhere Store®, Zola Recommends, everywherestore.com, and Zolabooks.com ("Zola Books"). "You" and "users" shall mean all visitors to and users of the Zola Books Service. You accept these Terms each time you access the Zola Books Service. If you do not accept these Terms, you must not use the Zola Books Service.
Revisions to Terms. Zola Books may revise these Terms at any time by posting an updated version to this web page. Your continued use of the Zola Books Service after a change to these Terms constitutes your binding acceptance of these Terms. However, no revisions to these Terms will apply to any dispute between you and Zola Books that arose prior to the date of such revision.
Children. No part of the Zola Books Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE ZOLA BOOKS SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Zola Books Service.
The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar actions on the Zola Books Service.
II. The Zola Books Service
The Zola Books Service is defined as any website, mobile application, or Internet service under Zola Books' control, whether partial or otherwise, in connection with providing the services provided by Zola Books. The Zola Books Service provides a platform for purchasing and selling products, including but not limited to books ("Products"), and for reading, learning about, and sharing information regarding books. The Zola Books Service also provides book previews, as well as recommendations based on a) the books you read and like, or b) the recommendations of specific users, and c) the collective judgment of the entire Zola Books community.
Recommendations Are For Informational Purposes Only. The Zola Books Service will not provide any medical, financial, legal, or other advice. All content on the Zola Books Service is for informational purposes only, and not as a specific directive to undertake a given action.
III. Your Account and Account Communications
You agree to receive email from us at the email address you provided to us for informational or operational purposes, such as billing, account management, or system maintenance.
Electronic Notices. By using the Zola Books Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Zola Books Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Zola Books Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].
IV. Zola Books' Content Ownership and Use
The contents of the Zola Books Service include: digital downloads, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Zola Books content (collectively, "Zola Books Content"). All Zola Books Content and the compilation (meaning the collection, arrangement, and assembly) of all Zola Books Content are the property of Zola Books or its licensors or principals and are protected under copyright, trademark, and other laws.
License to You. Zola Books grants you, subject to these Terms, a limited license to access and use the Zola Books Service and the Zola Books Content solely for the use of Zola Books' services, at Zola Books' discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Zola Books Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Zola Books Content on any copy you make of the Zola Books Content.
Licensed and Purchased ebooks. Upon your payment of necessary fees to license or purchase an ebook, we grant you a non-exclusive, non-transferable right to view, use and display the ebook for your personal, non-commercial, entertainment use, solely through the Zola Books Service and subject to and in accordance with these Terms. You represent, warrant, and agree that you will use ebooks purchased through the Zola Books Service only for your personal, non-commercial, entertainment use, and not for any redistribution or any other purpose. You agree not to infringe the rights of the ebooks' copyright owners and to comply with all applicable laws in your use of ebooks. You agree you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any ebook unless we give you explicit permission to do so. The amount you pay to purchase or to obtain a license to an ebook is non-refundable.
Digital Rights Management. Ebooks may include unique identifiers that are specific to you or your purchase (e.g., digital rights management, or "DRM"). It may be necessary to use DRM software provided by Zola Books in order to access certain ebooks through the Zola Books Service. This DRM software will limit your use of ebooks in accordance with the terms of the license granted to you under these Terms or in accordance with ebook-specific terms that may be established from time to time. Zola Books reserves the right to change, at any time, without prior notice to you, the DRM software required to access ebooks through the Zola Books Service. You agree that you will not decipher, reverse engineer, decompile, disassemble, modify or disable any DRM or use limitation systems associated with the ebooks. Zola Books does not warrant that any mechanism in the DRM that allows transfer of licenses to other computers or devices will continue to be available. You recognize and acknowledge this limitation and represent that you understand that it means that the ebook files may not be transferable to new computers and/or devices in the future.
Zola Books Marks. Zola Books, the Zola Books logo, and other Zola Books logos and product and service names are or may be trademarks of Zola Books (the "Zola Books Marks"). Without Zola Books' prior written permission, and except as solely enabled by any link as provided by Zola Books, you agree not to display or use in any manner the Zola Books Marks.
V. Conditions of Sale and Payment Terms
Conditions of Sale. To license or purchase Products through the Zola Books Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident of the applicable territory in which the books are available for sale. Each license or purchase of an ebook by you will be considered to be a separate transaction and each delivery of an ebook will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or license. Zola Books reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Zola Books upon delivery of an ebook, as indicated by our servers, or upon the shipping of your order of a physical Product. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Methods of Payment. All payments must be made by VISA, MasterCard, Discover, American Express, Diners Club, JCB, UnionPay, PayPal, iDeal, or Bancontact. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT ZOLA BOOKS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any conversion fees, foreign transaction fees, and applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Zola Books of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Zola Books does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Zola Books or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Zola Books shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required.
Price Changes and Modifications to Payment Terms. Zola Books shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Zola Books shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Zola Books shall immediately issue a credit to your credit card account in the amount of the charge. ZOLA BOOKS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
VI. Intellectual Property Rights and Your License to Use
Zola Books Claims No Ownership. The Zola Books Service may provide you with the ability to create, post, or share content, including reviews, comments, or photos ("Your User Content"). Zola Books claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Zola Books Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Zola Books Service, any right, title, or interest in or to such content delivered via the Zola Books Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Zola Books Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Zola Books Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Zola Books Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Zola Books Service.
The Zola Books Service contains content from users and other Zola Books licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Zola Books Service.
VII. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Zola Books Service infringe your copyright, you (or your agent) may send Zola Books a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Zola Books Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Zola Books to locate the material on the Zola Books Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Zola Books a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Zola Books Service should be sent via mail to DMCA Notice, Zola Books Inc., 143 West 29th St, #901, New York, NY 10001 or via email to [email protected]. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
VIII. Suggestions and Submissions
Zola Books appreciates hearing from its users and welcomes your comments regarding the Zola Books Service. Please be advised, however, that Zola Books does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Zola Books values your feedback on its services, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Zola Books creative ideas, Zola Books:
- Shall own, exclusively, all now known or later discovered rights to the creative ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
IX. User Content Disclaimers, Limitations, and Prohibitions
Zola Books does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users ("User Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk.
Prohibited Zola Books Service Uses. You agree to use the Zola Books Service only for its intended purpose. You must use the Zola Books Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Zola Books Service are prohibited. You may not:
- Resell or make any commercial use of any Zola Books Service or Zola Books Content;
- Collect or use any product listings, descriptions, or prices;
- Download or copy any information on the Zola Books Service, including account information, for the benefit of another merchant;
- Make any derivative use of the Zola Books Service or Zola Books Content;
- Aggregate, copy, or duplicate any Zola Books Content;
- Use data mining, robots, or other data gathering devices on the Zola Books Service;
- Remove, disable, damage, circumvent, or otherwise interfere with the security of the Zola Books Service;
- Interfere or attempt to interfere with the proper working of the Zola Books Service;
- Gain unauthorized access to the Zola Books Service or computers linked to the Zola Books Service;
- Reverse engineer or attempt to reverse engineer the Zola Books Service;
- Frame or link to the Zola Books Service without permission;
- Attempt to or submit a virus to the Zola Books Service;
- Take any action imposing an unreasonable or disproportionately large load on Zola Books' infrastructure;
- Attempt to obtain or obtain unauthorized access to other users' accounts;
- Sell, transfer, or assign any of your rights to use the Zola Books Service or any ebooks licensed through the Zola Books Service to a third party without the express written consent of Zola Books;
- Use the Zola Books Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Zola Books or others;
- Use the Zola Books Service in an illegal way or to commit an illegal act;
- Access the Zola Books Service from a jurisdiction where it is illegal, unauthorized, or penalized;
- Control an account if another account controlled by you has performed these activities or otherwise breached these Terms;
- Post information on behalf of another person or entity without their consent; or
- Post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity.
X. Your Login Credential Information
You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Zola Books immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Zola Books will not be liable for any loss or damage arising from unauthorized use of your credentials.
XI. Consequences of Violating These Terms
Zola Books may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Zola Books Service.
Zola Books reserves the right to suspend or terminate your account and prevent access to the Zola Books Service for any reason, at its discretion. Zola Books reserves the right to refuse to provide the Zola Books Service to you in the future. Perpetual licenses granted by you to Zola Books remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by Zola Books or others caused by or arising out of your breach of these Terms and your use of the Zola Books Service.
XII. Zola Books' Liability
Changes to the Zola Books Service. Zola Books may change, suspend, or discontinue any aspect of the Zola Books Service at any time, including hours of operation or availability of the Zola Books Service or any feature, without notice or liability.
User Content. Zola Books does not control User Content and does not have an obligation to monitor it for any purpose. Zola Books has no obligation to make User Content available through the Zola Books Service. Zola Books may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Zola Books assumes no responsibility for doing so. Zola Books assumes no responsibility for the conduct of users or other third parties.
Zola Books reserves the right, in its sole discretion, to remove Your User Content, and Zola Books does not assume any obligation to remove it. To the extent permitted by law, Zola Books disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Zola Books be liable for the deletion, loss, or unauthorized modification of any User Content.
Zola Books is not liable for any User Content that may infringe intellectual property rights or violate other laws. Users are solely responsible for the content, such as images, they post.
User Disputes. Zola Books is not responsible for any disputes or disagreements between you and any other user. You assume all risk associated with dealing with other users. You agree to resolve disputes directly with the other party. You release Zola Books of all claims, demands, and damages in disputes among users of the Zola Books Service. You also agree not to involve Zola Books in such disputes. Use caution and common sense when using the Zola Books Service.
Content Accuracy. Zola Books makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Zola Books Service, including recommendations made to you. Similarly, Zola Books makes no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the Zola Books Service.
Third-Party Websites. The Zola Books Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. Zola Books is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Zola Books disclaims all liability arising from your use of them.
Zola Books makes no promises and disclaims all liability of specific results from the use of the Zola Books Service.
Released Parties Defined. "Released Parties" include Zola Books and its affiliates, officers, employees, agents, partners, and licensors.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE ZOLA BOOKS SERVICE IS AT YOUR SOLE RISK, AND THE ZOLA BOOKS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE ZOLA BOOKS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE ZOLA BOOKS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ZOLA BOOKS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZOLA BOOKS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ZOLA BOOKS SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZOLA BOOKS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZOLA BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ZOLA BOOKS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE ZOLA BOOKS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE ZOLA BOOKS SERVICE; (v) YOUR RELIANCE ON RECOMMENDATIONS MADE BY ZOLA BOOKS; OR (vi) ANY OTHER MATTER RELATING TO THE ZOLA BOOKS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ZOLA BOOKS' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ZOLA BOOKS SERVICE OR YOUR USE OF ZOLA BOOKS' CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your User Content or other material you provide to the Zola Books Service, (ii) your use of or reliance on any Zola Books Content, or (iii) your breach of these Terms. Zola Books shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General Terms
These Terms constitute the entire agreement between you and Zola Books concerning your use of the Zola Books Service. The failure of Zola Books to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and Zola Books shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Zola Books agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Zola Books Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Zola Books in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
How to Contact Us
For questions or comments regarding this Terms of Service, please contact us at:
143 West 29th St, #901
New York, New York 10001