Welcome to BooksByBlacks.com, the website and online service of Kanyie Media Ltd (together with its affiliates, “Books by Blacks” “BxB” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the Books By Blacks services, website and software provided through or in connection with the service (“Service”), you agree on behalf of yourself and all members of your household and others who use this Service under your account (“you” or “your”) to be bound by this Terms of Use Agreement, the Books By Blacks Privacy Policy and the other applicable rules, policies and terms posted on the BooksByBlacks.com website or provided with the Service (collectively, this “Agreement”), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the BooksByBlacks.com website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Use of Our Service

Books By Blacks provides a place for you to discover, track, and talk about books with friends and our community.

You do not have to register in order to visit Books By Blacks. To access certain features of the Service, though, including creating “bookshelves” to organize what you’ve read, posting book reviews, and commenting on other members’ reviews, you will need to register with Books By Blacks and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another Member’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Books By Blacks immediately of any breach of security or unauthorized use of your account.

You may change the settings on your My Account page to control your profile and how other members communicate with you. By providing Books By Blacks your email address you consent to our using the email address in accordance with our Privacy Policy.

Subject to your compliance with this Agreement and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of any part of the Service, or its contents; any collection and use of any book listings, descriptions, reviews or other material included in the Service; any derivative use of any part of the Service 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 in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Service 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 Books By Blacks 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 Service. You may use the Service only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement.

In order to protect our Members from unsolicited advertising or solicitation, Books By Blacks reserves the right to restrict the number of communications that a Member may send to other Members in any 24-hour period to a number that Books By Blacks deems appropriate in its sole discretion.

Books By Blacks may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Books By Blacks’ sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Books By Blacks’ sole discretion. You agree that Books By Blacks will not be liable to you for any interruption of the Service, delay or failure to perform.

You are solely responsible for your interactions with other Books By Blacks Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Books By Blacks shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. User Content

Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, “post”) reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses (“User Content”). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. Books By Blacks reserves the right to monitor, reject and/or remove any User Content at any time. For example, Books By Blacks may, but is not obligated to, reject and/or remove any User Content that Books By Blacks believes, in its sole discretion, violates these provisions.

Books By Blacks takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Books By Blacks is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Books By Blacks shall not be liable for any damages you allege to incur as a result of such User Content. Books By Blacks may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.

3. License Grant

By posting any User Content on the Service, you expressly grant to Books By Blacks 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 content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Books By Blacks for all claims resulting from content you supply. If you submit User Content via the “My Account” or “eBook” features, our Terms & Conditions to that User Content.

4. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Books By Blacks Content”), and all intellectual property Rights related thereto, are the exclusive property of Books By Blacks and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Books By Blacks Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Books By Blacks under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Books By Blacks does not waive any rights to use similar or related ideas previously known to Books By Blacks, or developed by its employees, or obtained from sources other than you.

5. Eligibility

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

6. Paid Services

Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. These fees and charges, if any, are described on the website. If you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. Books By Blacks may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

No Refunds. You may cancel your Books By Blacks Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Books By Blacks has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Books By Blacks suspends or terminates your Books By Blacks Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your Books By Blacks Account, or for anything else. You acknowledge that Books By Blacks has the perpetual and irrevocable right to delete any or all of your content and data from Books By Blacks’ servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

7. Copyright Complaints

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of the material that is claimed to be infringing and where it is located on the Service;
4. Your address, telephone number, and e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Books By Blacks’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
DMCA Notice
Books By Blacks
Email: info@booksbyblacks.com

Please note that this procedure is exclusively for notifying Books By Blacks and its affiliates that your copyrighted material has been infringed.

8. Third-Party Websites, Advertisers or Services

Books By Blacks may contain links to third-party websites, advertisers, or services that are not owned or controlled by Books By Blacks. Books By Blacks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from Books By Blacks, you do so at your own risk, and you understand that this Agreement and Books By Blacks’ Privacy Policy do not apply to your use of such sites. You expressly relieve Books By Blacks from any and all liability arising from your use of any third-party website or services or third party owned content.

Additionally, your dealings with or participation in promotions of advertisers found on Books By Blacks, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Books By Blacks shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

9. Indemnity

You agree to defend, indemnify and hold harmless Books By Blacks and its subsidiaries, agents, managers, and other affiliated companies, and their 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 attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (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 law, rule or regulation of the United States or any other country; (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 Service with your unique username, password or other appropriate security code.

10. Disclaimers of Warranties and Limitation of Liability

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOOKS BY BLACKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKS BY BLACKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKS BY BLACKS DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, BOOKS BY BLACKS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOOKS BY BLACKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOKS BY BLACKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Books By Blacks without restriction.

Disputes Any dispute or claim arising from or relating to this Agreement or a Kindle, any Reading Application, the Software, the Digital Content or the Service is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability and all other terms in the Amazon.com Conditions of Use.

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Books By Blacks’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us with any questions regarding this Agreement.