Dec 22nd, 2020
- Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Book of Resell. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Book of Resell may immediately terminate or modify these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, effective upon posting on the relevant Website. Your continued use of the Websites and the Service following Book of Resell posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
- Helping you increase your reselling profits!
- PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Electronic Agreement.
- This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Book of Resell from time to time, such modifications to be effective upon posting by Book of Resell on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- 1. Book of Resell Discord Service
- A. You are granted a nonexclusive right during the Term (as defined below) to use the Book of Resell Service (the “Service”) subject to the terms, conditions and restrictions set forth in this Agreement and any other restrictions stipulated to you by us in writing.
- B. You agree to pay for the Service in accordance with our service fees, as further set forth on the site.
- THERE ARE ZERO REFUNDS
- Payment is collected subsequently each month unless canceled. Going to dashboard on https://bookofresell.kleididash.com/ and hitting cancel will effectively prevent any future payments
- C. Book of Resell uses a 3rd party service named Stripe to store a protected copy of credit card numbers of your users. This billing data belongs to you (and your customers) and by utilizing the Service, you grant Book of Resell a license to use this data for the purposes of fulfilling our Service obligations to you and Book of Resell shall otherwise use commercially reasonable efforts to keep such information confidential and secure in accordance with general industry standards. Book of Resell has and will continue to use PCI compliant processing provided by Stripe.
- D. Following any termination or expiration of this Agreement or your Book of Resell membership, Book of Resell will retain a copy of your billing data for a period of thirty (30) days. You acknowledge and agree that (i) you are solely responsible for exporting a copy of your billing data prior to any such termination or expiration, and (ii) if you require access to such data following any such termination or expiration, you may be required to pay professional service fees to Book of Resell to retrieve such data. Book of Resell is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- 2. Modifications to Agreement or Service
- Book of Resell reserves the right to amend or modify this Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the Service, by sending you an email and/or by some other means. If you don’t agree with the amended or modified Agreement, you are free to reject it; but you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes. Except for changes to this Agreement made by Book of Resell in accordance with this section, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and Book of Resell.
- Book of Resell may change, suspend, or discontinue all or any part of the Service at any time, with or without reason (including, without limitation, for any nonpayment of any fees due hereunder). You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Book of Resell shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service.
- 3. Service Implementation, Registration and Payment Terms.
- A. Book of Resell will submit your payment information to the Stripe gateway and will charge you a fee based on the membership fee. Monthly charges for the Service will be at the rates set forth by Service type and agreed upon by you in the Registration process. Such charges may be modified by Book of Resell upon thirty (30) days prior written notice. Payments reflecting charges for the prior month’s use of the Service will be billed by Book of Resell and deducted from your authorized credit card promptly on the agreed date of each calendar month. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are inclusive of taxes and other fees which may be imposed on Book of Resell or you for the provision or use of the Service. You will be responsible for such taxes and other fees. All fees associated with your chosen payment gateway are also separate and not included in Book of Resell’s fees. Without limiting any remedy available to Book of Resell, if you fail to pay any fees due hereunder, Book of Resell may terminate your access to the Service. You may edit your personal information through the dashboard: https://bookofresell.kleididash.com/ or by contacting 24/7 support via email/discord/instagram/twitter to assist in any account changes.
- B. Book of Resell is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Service, you hereby release Book of Resell from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Book of Resell of any Fraudulent Actions which may affect the Service. Book of Resell reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any other user or customer to engage in, Fraudulent Actions. Every user is contacted personally through their instagram before joining to ensure legitimacy of charges.
- 4. Service Use and Limitations.
- We will make reasonable efforts to keep the complete Service operational 24 hours a day/7 days a week through Discord or our social media outlets, except for: (i) planned downtime of certain services (of which we will use reasonable efforts to provide at least 72 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays. Contact information includes: Bookofresellcs@gmail.com, Messaging staff/admin on Discord (under 1 hour response time), or DMing us on https://www.instagram.com/bookofresell/ or https://twitter.com/bookofresell. Because our service is ran through Discord, failure to message any of our Discord staff/admin (As marked on the server of the current time) will result in the assumption that the user didn’t attempt to contact.
- 5. Third Party Products & Services (Stripe – https://stripe.com/uk/terms)
- The Service may provide you with access to, be integrated with, or contain links or references to, products, services, data, information, sites or other materials which are provided or operated by third parties (collectively, “Third Party Products or Services”). Third Party Products are not under Book of Resell’s control, and you acknowledge that Book of Resell is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Products. You shall comply with all Third Party Terms, and shall indemnify and hold Book of Resell harmless from all damages, costs, settlements, attorneys’ fees and expenses arising from or related to your breach of any Third Party Terms. Any provision by Book of Resell of Third Party Products, and any exchange of data between you and any third-party provider of a Third Party Product, is solely between you and the applicable third-party provider.
- 6. Proprietary Rights
- A. The Service contains content and technology of Book of Resell that is protected by copyright, trademark, patent, trade secret and other laws. As between the parties, Book of Resell owns all intellectual property and other proprietary rights to the Service, including but not limited to the design, artwork, logos, functionality, and documentation relating thereto (collectively, the “Book of Resell Property”). You may not: (i) copy, modify, or reverse engineer any part of the Service or any Book of Resell Property (except to the extent such restriction is prohibited by applicable law); (ii) rent, sell, lease, distribute, provide on a service bureau basis, or otherwise use the Service for the benefit of any third party; or (iii) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof. The names, logos or trademarks of any third party companies and products mentioned on the Service (including, without limitation, Book of Resell Partners and Partner Sites) may be the trademarks of their respective owners. Information is proprietary and not to be shared to any non-members/non-current customers of “Book of Resell.” Failure to comply is up to the discretion of Book of Resell to suspend or terminate the violating account at any point of time.
- B. Subject to the terms and conditions hereof, Book of Resell hereby grants you a limited, revocable, non-sublicensable license to display the Book of Resell Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by Book of Resell in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other property are the sole property of Book of Resell. No other rights are granted to you with respect to the Book of Resell Property other than those rights granted explicitly herein.
- C. Any text, images, or other audiovisual information posted on the Service by a user (collectively, “User Content”) shall belong to the user that posted such User Content. You may use any User Content posted by you in any other way without restriction. You may only use User Content posted by others in the ways described in this Agreement.
- D. Book of Resell reserves the right to remove any content (including, without limitation, User Content) from the service, at its sole discretion.
- E. Book of Resell respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Book of Resell’s copyright agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
- Book of Resell’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
- 7. Disclaimer of Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOK OF RESELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BOOK OF RESELL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER Book of Resell’s CONTROL (SUCH AS A THIRD PARTY SERVERS). Book of Resell MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Book of Resell OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- 8. Limitation of Liability
- EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNTS IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID (OR PAYABLE) BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. 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 MAY NOT APPLY TO YOU.
- 9. Privacy
- 10. Miscellaneous
- Book of Resell may assign these Terms of Service in whole or part at any time.
- Neither party may assign or transfer its rights or obligations under this Agreement without the other party’s prior written consent; provided that either party may assign or transfer all of its rights and obligations under this Agreement without such consent to a successor-in-interest to all or substantially all of such party’s assets, business or equity interests relating to this Agreement (whether effected by merger, acquisition, sale of assets, change of control, or otherwise). Book of Resell may subcontract its obligations hereunder (provided that Book of Resell shall at all times remain fully responsible for the performance of any subcontractor).
- This Agreement and the relationship between you and Book of Resell shall be governed by the laws of the United States without regard to its conflict of law provisions. You and Book of Resell agree to submit to the personal and exclusive jurisdiction of the courts located within the United States.
- The provisions of this Agreement are intended for the benefit of, and are enforceable solely by, the parties hereto, and nothing in this Agreement shall be construed as giving any other person any right, remedy or claim under or in respect of this Agreement or any provision hereof.
- The parties shall be independent contractors under this Agreement, and nothing herein shall constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
- Any failure of Book of Resell to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or unenforceable, such provision shall be limited or deleted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- If you have questions about a payment made to us, we encourage you to contact our 24/7 support team on discord or social media before filing a Chargeback. If no attempt to contact or respond to the support team is made within one day (24 hours) of the payment being processed, we will assume all transactions were valid. We reserve our right to dispute any Chargeback. Read Terms #1 and #3 specifically for more information.
- LAST UPDATED DECEMBER 21, 2020.
- BY USING THE WEBSITE(S) YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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