Acceptance of the Terms and Conditions
Binding Agreement; Description
. BookGrabbr™ Inc., also known as"Grabbr™" ("BookGrabbr™
," or "our
") provides and makes available its website (the"Site
"), along with its mobile devices (the "App
", and together with the Site, the "Service
")for the promotion and marketing of content (collectively, "Providers
"),and for content consumers ("Consumers
," and collectively withContent Providers, "Users
").Please read this Agreement carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of thisAgreement, you may not access, browse or use the Service.
Changes to this Agreement
, the terms and conditions of which are incorporated herein by reference.
. If you are using the Service on behalf of a company, entity, or organization (collectively "Organization
"), then you represent and warrant that you (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to thisAgreement; and (iii) agree to be bound by this Agreement on behalf of that Organization.THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY BOOKGRABBR™("GRABBR™"). IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR INANY MANNER. Furthermore, by using the Service, you affirm that you are at least18 years of age. BookGrabbr™("Grabbr™") does not seek to gather information from or about children under the age of 13 through the Service.
Use of the Service
The Service is licensed, not sold, to you for use only under the terms of this Agreement. BookGrabbr™ ("Grabbr™") reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, BookGrabbr™("Grabbr™") hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial (if you are a content consumer) use,and to use the App on a single compatible device that you own or control.
. The content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property right sand owned by BookGrabbr™("Grabbr™") or BookGrabbr™'s ("Grabbr's™")third party licensors (the "BookGrabbr™("Grabbr™") Content
").No material from the Service may be copied, reproduced, uploaded, republished, transmitted,posted, or distributed in any way without written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by express functionalities of the Service. Modification of materials obtained from the Service, including, but not limited to, Provider Content (if you are a content consumer), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of the copyright owners, BookGrabbr™("Grabbr™") or its licensors, unless you have obtained express written authorization to the contrary. Permission for all other uses of materials made available on or through the Service must be obtained from BookGrabbr™("Grabbr™") or the copyright owner of Provider Content in advance and in writing. All design rights, databases and compilation ando their intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to BookGrabbr™("Grabbr™").
. The trademarks, service marks, and logos of BookGrabbr™ and Grabbr™ (the"BookGrabbr™ and Grabbr™" Trademarks
") used and displayed on the Service are registered and unregistered trademarks or service marks of BookGrabbr™. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the"Third-PartyTrademarks
", and, collectively with the BookGrabbr™ Trademarks,the"Trademarks
"). Nothing on the Service or in thisAgreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of BookGrabbr™ ("Grabbr™") specific for each such use. The Trademarks may not be used to disparage BookGrabbr™("Grabbr™") or the applicable third-party, BookGrabbr's ("Grabbr's") or third-party's products or services, or in any manner (using commercially reasonable judgment)that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Service is prohibited without BookGrabbr's("Grabbr's") prior written consent. All goodwill generated from the use of any BookGrabbr™ ("Grabbr™") Trademark will inure to BookGrabbr's™ ("Grabbr™")benefit.
. You may not sell, transfer, assign, license, sublicense,or modify the BookGrabbr™ Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the BookGrabbr™ Content in any way for any public or commercial purpose. The use or posting of any of the BookGrabbr™ Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the BookGrabbr™ Content andService will automatically terminate and you will immediately destroy any copies you have made of the BookGrabbr™ Content.
. BookGrabbr™ offers consumers the ability to submit,post, link to, download, or transmit (collectively, "Submit
")comments, reviews, and other text to the Service (collectively, with any other materials uploaded by Consumers ("Consumer Content
"). BookGrabbr™(Grabbr™) does not pre-screen any Consumer Content, but reserves the right to refuse or delete any Consumer Content. In addition, BookGrabbr™ (Grabbr™) has the right but not the obligation in its sole discretion to refuse or delete anyConsumer Content that it reasonably considers to violate this Agreement or be otherwise illegal or inappropriate. BookGrabbr™(Grabbr™) does not guarantee the accuracy, integrity or quality of any Consumer Content, and under no circumstances will BookGrabbr™ (Grabbr™) be liable in any way for any ConsumerContent, including liability for any errors or omissions in any ConsumerContent or for any loss or damage of any kind incurred as a result of the use of any Consumer Content uploaded, posted, emailed or otherwise transmitted via the Service.
License to Consumer Content
. You retain ownership of any rights you may have in your Consumer Content and submission of Consumer Content does not transfer ownership of your rights to BookGrabbr™ (Grabbr™). We do, however,need certain permission from you, in order to be able to provide the Service to you and others. Accordingly, you hereby grant BookGrabbr™ (Grabbr™) an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license, without obligation, to use, reproduce, distribute,publish, publicly display, publicly perform (including by means of digital audio transmission and on a through-to-the-audience basis), transmit, stream, broadcast, communicate to the public, make available, modify and otherwise use and exploit (collectively, "Use
") your Consumer Content and modifications and derivatives thereof (including, without limitation, the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your Consumer Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats,networks, devices, services, and media to which your Consumer Content may be implemented) for the purposes of providing the Service to you. You further authorize Providers to Use your Consumer Content to market and promote the applicable Provider Content.
Representations and Warranties with Respect to Consumer Content
. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all Consumer Content that you submit to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to BookGrabbr™ (Grabbr™) the rights in Consumer Content as contemplated under this Agreement, and (ii) neither the Consumer Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of ConsumerContent or BookGrabbr's (Grabbr's) exercise of the rights granted above toConsumer Content (or any portion thereof) will infringe, misappropriate or violate the rights of any party or entity, including a third party's patent,copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or require BookGrabbr™ (Grabbr™) to obtain any licenses from or make any payments in any amounts to any third party throughout the world. You waive any and all moral rights associated with your ConsumerContent.
Waiver of Moral Rights
. By posting Consumer Content to or through theService you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Consumer Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support,maintain or permit any action based on any moral rights that you may have in or with respect to any Consumer Content you post to the Service, during the term of this Agreement. You expressly release BookGrabbr™ (Grabbr™) and all of BookGrabbr's (Grabbr's) agents, partners, subsidiaries, affiliates, licensees,successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy,publicity, or personality or any similar matter, or based upon or relating to the use of your Consumer Content as authorized in this Agreement.
Additional Terms for Consumers
Provider Content is Licensed, Not Sold
. If your Provider Content is licensed and not sold to you then you may only use Downloaded Provider Content for your own personal, non-commercial use and not for any other purpose. Except as permitted by applicable law, you may not reproduce (except on computer equipment or personal digital devices (e.g., phones, tablets, etc.) owned or controlled by you), distribute, publicly perform or communicate to the public any Downloaded Provider Content obtained from or through the Service without the express permission of BookGrabbr™ (Grabbr™) or the applicable Provider.
Additional Terms for Providers
. If you are a Provider, then you may Submit materials,including books, text, comments, reviews, movies, trailers, ads, coupons,discounts, promotional materials, music, and literary and educational materials to the Service ("Provider Content
"). The terms of this Section 4 govern all Provider Content, except to the extent you have a separate agreement with BookGrabbr™ regarding BookGrabbr's (Grabbr's) use of Provider Content (an"Other Agreement
"). In that case, this Agreement applies to the extent there is a conflict between this Agreement and the Other Agreement, in which case the Other Agreement will govern the conflicting terms. You are solely responsible for securing the rights to any and all Provider Content you submit to or through the Service. You acknowledge and agree that BookGrabbr™ (Grabbr™) is not obligated to allow all Provider Content Submitted to theService be available on the Service.
License to Provider Content
. If you are a Provider, then by Submitting Provider Content to the Service, youhereby grant to BookGrabbr™ (Grabbr™) (and BookGrabbr's assignees, designees,successors, licensees, and sub-licensees) an unrestricted, assignable, sub-licensable, revocable (as set forth in Section iv), royalty-free license throughout the world and during the term of this Agreement to Use all ProviderContent you upload to or through the Service, on an item-by-item basis, through any media and formats now known or hereafter developed, for the sole purposes of (i) transmitting or distributing your Provider Content to Consumers; and(ii) advertising, marketing, and promoting BookGrabbr™ (Grabbr™), the Service,and the availability of your Provider Content on and through the Service. For the purposes of the rights granted in subsection (ii) of this Section,BookGrabbr™ (Grabbr™) will not use entire excerpts of books Submitted asProvider Content to the Service.
Use of Name
. BookGrabbr™ (Grabbr™) may use a Provider's name and its trademarks, trade names, service marks, logos, and book covers (collectively, "Marks
"),on the Service and in publicly disseminated lists of all publishers on the Service in order to identify Provider Content and promote and market the availability of such Provider Content on the Service. BookGrabbr™ (Grabbr™) may not useProvider's name or Marks in any other way without Provider's prior written consent.
Representations and Warranties with Respect to your Provider Content
. By Submitting Provider Content to the Service, you hereby represent and warrant to BookGrabbr™ (Grabbr™) that (i) you have obtained all necessary rights, permissions,licenses, authorizations, and clearances to grant the licenses and rights set forth in this Agreement with respect to such Provider Content and (ii) the Use of such Provider Content in any manner permitted by this Agreement will not (y)infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (z) require BookGrabbr™ (Grabbr™) or anyThird Party Site on or through which the Service is made available to pay any fees of any kind to any third party for the Use of any Provider Content.
Removing Provider Content
. As a Provider, you may remove ProviderContent from the Service using the functionality associated with your Account.However, removal of Provider Content on the Service will not affect anyProvider Content previously downloaded by Consumers.
. You, as a Provider, waive any claim for royalties or any other remuneration in connection with the Use of your Provider Content on or through the Service. Without limiting the foregoing sentence, you acknowledge and agree that BookGrabbr™ (Grabbr™) will not have any obligation to pay any royalties to any third party for the Use of your Provider Content.
Third Party Obligations
. You, as a Provider, are solely responsible for all other third party payment obligations arising from the Use of your Provider Content on the Service.
. All Users may browse the public facing pages of the Service for free. However, if you are a Provider and wish to Submit Provider Content, then you must subscribe to the Service for the subscription fee set forth on theService (the "Fee
"), or pay any and all non-subscription based fees (the "Fee
") accordingly. BookGrabbr™ (Grabbr™) reserves the right to increase the Fee or institute new charges upon reasonable notice.Fees are due in advance. You may cancel your subscription at any time and such cancellation will be effective at the end of the month in which you provide notice of cancellation. Your subscription will automatically renew each month,until you notify us of your decision to terminate your subscription.Accordingly, you agree that your Fee will be billed automatically each month at the beginning of the month to the credit card you used in your most recent transaction with us. We reserve the right to cancel your subscription at anytime.
. Payments must be made by credit card through our third party payment processor. All payments are made in United States Dollars.
. BookGrabbr's (Grabbr's) digital files shall be maintained in a secure environment, pursuant to commercially reasonable industry practices for housing and storage of digital information, and BookGrabbr™ (Grabbr™) warrants that the Digital Media Files are reasonably secure from manipulation,unauthorized copying or transmission, infringement and other misappropriation or misuse. It is understood that BookGrabbr™ (Grabbr™) maintains its digital files with Amazon Web Services (AWS), a secure, third party data repository and recognized by Forrester Group as a leader in public cloud security. (http://aws.amazon.com/security/)
The AWS cloud infrastructure is housed in AWS's highly secure data centers, which utilize state-of-the art electronic surveillance and multi-factor access control systems. Data centers are staffed 24x7 by trained security guards, and access is authorized strictly on a least privileged basis. All personnel must be screened when leaving areas that contain customer data. Environmental systems in the data centers are designed to minimize the impact of disruptions to operations, and multiple geographic regions and Availability Zones allow you to remain resilient in the face of most failure modes, including natural disasters or system failures. Further,BookGrabbr™ has engaged Tiburon Data, LLC. as its IT development firm. Tiburon Data, LLC. developers have SSH access to the app servers, and the AWS keys are stored on the server. Direct AWS access is available to users assigned by BookGrabbr™(Grabbr™), and that access is secured by AWS IAM settings. When serving files to the consumer, they are necessarily more vulnerable. As a normal business practice, BookGrabbr™ (Grabbr™) attests that it is apprised and informed of network vulnerability assessments of its security systems as provided by AWS and Tiburon Data, LLC.
By creating and launching a Sweepstakes Campaign on Grabbr™, I acknowledge and agree that I, not Grabbr™, is operating, managing and running the Sweepstakes which is the subject of this Campaign. I further acknowledge and represent, without limitation, that I have complied with all State and Federal laws applicable to Sweepstakes. I also understand that Grabbrs who enter my Sweepstakes will not be required to give any valuable consideration in exchange for entering the Sweepstakes, as doing so would make the offer an unlawful Lottery. I understand that requiring participants to do something they would not normally have to do or requiring something that is unduly burdensome constitutes unlawful consideration. I further agree that my Sweepstakes will be conducted with equal dignity to all participants, and will be conducted without prejudice as to race, color, creed, religion, gender, sexual preference, health or disability, or any other factor related to equality towards all humankind. I understand and also agree to take full responsibility for all aspects of the Sweepstakes I am launching, and agree to fully and completely indemnify Grabbr and hold Grabbr™ harmless from all claims, including but not limited to claims by Sweepstakes participants or any interested third parties.
. While you may always browse the public-facing pagesof the Service without registering, in order to enjoy the full benefits of theService and download or Submit Consumer Content or Provider Content, as applicable, you must create an account with the Service (an "Account
. In order to create an Account as a Consumer, you will have to log in either by using your credentials for the social media networks identified on the Service or by email.
. In order to create an Account as a Provider, you will have to provide your name and create a password and confirm that password.
. You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify BookGrabbr™ (Grabbr™) immediately at email@example.com
if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to yourAccount. BookGrabbr™ (Grabbr™) will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BookGrabbr™ (Grabbr™) of such unauthorized use or loss of your credentials.Separate log-in credentials may be required by the owners and/or operators ofExternal Sites to access such External Sites.
Accuracy of Information
. In creating an Account, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by BookGrabbr™ (Grabbr™). You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by you are returned as undeliverable, then BookGrabbr™ (Grabbr™) reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
Restrictions on Use of the Service
In using the Service, you agree not to:
- take any action that imposes an unreasonable load on the Service's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
- delete or alter any material posted on the Service by BookGrabbr™ (Grabbr™) or any other person or entity; or
- frame or link to any of the materials or information available on theService.
- alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
- use any trademarks, service marks, design marks, logos, photographs, or other content belonging to BookGrabbr™ (Grabbr™) or obtained from the Service;
- access, tamper with, or use non-public areas of the Service, BookGrabbr's(Grabbr's) (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of BookGrabbr's (Grabbr's) providers;
- harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including BookGrabbr™ (Grabbr™) employees;
- provide any false personal information to BookGrabbr™ (Grabbr™);
- create a false identity or impersonate another person or entity in any way;
- create a new account with BookGrabbr™ (Grabbr™), without BookGrabbr's(Grabbr's) express written consent, if BookGrabbr™ (Grabbr™) has previously disabled an account of yours;
- You will not solicit, or attempt to solicit, personal information from other users of the Service.
- restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from theService without the consent of that person, or collect information about users of the Service;
- use the Service to send text messages, emails, or other communications to persons who have requested that you not sent them communications;
- if you are a Consumer, use the Service, without BookGrabbr's (Grabbr's)express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- gain unauthorized access to the Service, to other users' accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
- post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable,overburden, impair, damage, or hijack the operation of any hardware, software,or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- interfere with or disrupt the Service, networks, or servers connected to theService or violate the regulations, policies or procedures of those networks or servers;
- violate any applicable federal, state, or local laws or regulations or thisAgreement.
- assist or permit any persons in engaging in any of the activities described above.
. The BookGrabbr™ (Grabbr™) Site and App may contain links to third party websites ("ExternalSites
"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.BookGrabbr™ (Grabbr™) is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests,feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending BookGrabbr™ (Grabbr™) or our employees any ideas for products, services, features, modifications, enhancements, content,refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials(collectively "Feedback
"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to BookGrabbr™ (Grabbr™), you agree that:
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
Respect of Third Party Rights
. BookGrabbr™ (Grabbr™) respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
Repeat Infringer Policy
. BookGrabbr's (Grabbr's) intellectual property policy is to (i) remove or disable access to material that BookGrabbr™(Grabbr™) believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Provider Content or Consumer Content (collectively, "User Content
") uploaded to the Service by "repeat infringers." BookGrabbr™ (Grabbr™) considers a "repeat infringer" to be any user that has uploaded User Content or Feedback to or through the Service and for whom BookGrabbr™ (Grabbr™) has received more than two takedown notices compliant with the provisions of 17 U.S.C. §512 with respect to such User Content or Feedback. BookGrabbr™ (Grabbr™) has discretion,however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon BookGrabbr's (Grabbr's) own determination.
Procedure for Reporting Claimed Infringement
. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement
"containing the following information to the Designated Agent identified below.Your "Notification of Claimed Infringement" may be shared by BookGrabbr™(Grabbr™) with the user alleged to have infringed a right you own or control,and you hereby consent to BookGrabbr™ (Grabbr™) making such disclosure. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works a recovered by a single notification, a representative list of such works
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BookGrabbr™ (Grabbr™) to locate the material;
Information reasonably sufficient to permit BookGrabbr™ (Grabbr™) to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. §512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information
. BookGrabbr's (Grabbr's) designated agent for receipt of Notifications of Claimed Infringement (the "DesignatedAgent
") can be contacted at:
Via U.S. Mail:
334 Main Street
Franklin, TN 37064
. If you receive a notification from BookGrabbr™ (Grabbr™) that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide BookGrabbr™ (Grabbr™) with what is called a "CounterNotification
." To be effective, a Counter Notification must be in writing, provided to BookGrabbr's (Grabbr's) Designated Agent through one of the methods identified in Section D and include substantially the following information:
A physical or electronic signature of the subscriber
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which BookGrabbr™ (Grabbr™) may be found, and that the subscriber will accept service of process from the person who provided notification under Section b above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act
Reposting of Content Subject to a Counter Notification
. If you submit aCounter Notification to BookGrabbr™ (Grabbr™) in response to a Notification ofClaimed Infringement, BookGrabbr™ (Grabbr™) will promptly provide the person who provided the Notification of Claimed Infringement with a copy of yourCounter Notification and inform that person that BookGrabbr™ (Grabbr™) will replace the removed User Content or Feedback or cease disabling access to it in10 business days, and BookGrabbr™ (Grabbr™) will replace the removed UserContent or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless BookGrabbr's (Grabbr's) Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on BookGrabbr's (Grabbr's) system or network.
False Notifications of Claimed Infringement or Counter Notifications
.The Copyright Act provides that:
Any person who knowingly materially misrepresents under [Section512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of BookGrabbr™ (Grabbr™) relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
BookGrabbr™ (Grabbr™) reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or CounterNotification in violation of the law.
. Please read this carefully. It affects your rights. YOU AND BOOKGRABBR™ (GRABBR™) AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS,PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org
for more information about arbitration.
. A party who intends to seek arbitration must first send to the other, by an international courier with a tracking mechanism,a written notice of intent to arbitrate (a "Notice
"), or, in the absence of a mailing address provided by you to BookGrabbr™ (Grabbr™), to you via any other method available to BookGrabbr™ (Grabbr™), including via e-mail.The Notice to BookGrabbr™ (Grabbr™) should be addressed to BookGrabbr, Inc.,334 Main Street, Suite 201, Franklin, TN 37064, Attn: Chief Executive Officer(the "Arbitration Notice Address
"). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the "Demand
"). If you and BookGrabbr™ (Grabbr™) do not reach an agreement to resolve the claim within thirty (30) days after theNotice is received, you or BookGrabbr™ (Grabbr™) may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules
"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org
. If you are required to pay a filing fee to commence an arbitration against BookGrabbr™ (Grabbr™), then BookGrabbr™(Grabbr™) will promptly reimburse you for your confirmed payment of the filing fee upon BookGrabbr's (Grabbr's) receipt of Notice at the Arbitration NoticeAddress that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than$1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
. The arbitration will be conducted in the English language. A single independent and impartial arbitrator with his or her primary place of business in Williamson County, Tennessee will be appointed pursuant to the Rules, as modified herein. You and BookGrabbr™ (Grabbr™) agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A)arbitration will only be conducted if the damages sought exceed $75,000; (B)the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (C) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (D) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions
. YOU AND BOOKGRABBR™ (GRABBR™) AGREE THAT YOU AND BOOKGRABBR™ (GRABBR™) MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAYNOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Decision of the Arbitrator
. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.The arbitrator will apply the laws of the State of Tennessee in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United StatesFederal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of this Agreement by BookGrabbr™ (Grabbr™) or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against BookGrabbr™ (Grabbr™), and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
. You and BookGrabbr™ (Grabbr™) agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims
. All claims you bring against BookGrabbr™(Grabbr™) must be resolved in accordance with this Dispute Resolution section.All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this DisputeResolution section, BookGrabbr™ (Grabbr™) may recover attorneys' fees and costs up to $5,000, provided that BookGrabbr™ (Grabbr™) has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
. In the event that BookGrabbr™ (Grabbr™) makes any future change to the Mandatory Arbitration provision (other than a change to BookGrabbr's (Grabbr's) Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to BookGrabbr's (Grabbr's) Arbitration Notice Address, in which case your account with BookGrabbr™ (Grabbr™) and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of thisAgreement.
. If only Section iii or the entirety of this Section 11is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to this Agreement.
Limitation of Liability and Disclaimer of Warranties
BOOKGRABBR™ (GRABBR™), ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE"BOOKGRABBR™(GRABBR™) PARTIES
") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BOOKGRABBR™ (GRABBR™) CONTENT AND USER CONTENT (COLLECTIVELY, "CONTENT
"), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF.THE BOOKGRABBR™ (GRABBR™) PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY BOOKGRABBR™ (GRABBR™) USER OR VISITOR, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER OR VISITOR, YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK.
THE BOOKGRABBR™ (GRABBR™) PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BOOKGRABBR™ (GRABBR™) PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BOOKGRABBR™ (GRABBR™) PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL ANY BOOKGRABBR™ (GRABBR) PARTY BE LIABLE FOR ANY SPECIAL,INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND THE CONTENT,WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BOOKGRABBR™ (GRABBR™) PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOKGRABBR'S (GRABBR'S) LIABILITY, AND THE LIABILITY OF ANY OTHER BOOKGRABBR™ (GRABBR™) PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES PAID BY YOUTO BOOKGRABBR™ (GRABBR) IN THE TWELVE MONTHS PRECEDING THE CLAIM AND $100.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE BOOKGRABBR™ (GRABBR™) PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Disputes
.BOOKGRABBR™ (GRABBR™) IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, ORTHIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BOOKGRABBR™ (GRABBR™) PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
. You agree to defend, indemnify, and hold harmless the BookGrabbr™ (Grabbr™) Parties from and against any claims, actions or demands, including, without limitation,reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Service. BookGrabbr™ (Grabbr™) will provide notice to you of any such claim, suit, or proceeding. BookGrabbr™ (Grabbr™) reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BookGrabbr's (Grabbr's) defense of such matter.
Termination of the Agreement
BookGrabbr™ (Grabbr™) reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability. BookGrabbr™ (Grabbr™) reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.
Sections 1, 3, iii, d, e, 7, 9 - 14, b, 16, and 17will survive the termination of this Agreement.
Consent to Electronic Communications
. ThisAgreement is governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Williamson County in the State of Tennessee. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BookGrabbr™ (Grabbr™) as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Content, no confidential,fiduciary, contractually implied or other relationship is created between you and BookGrabbr™ (Grabbr™) other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of BookGrabbr™ (Grabbr™) to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against BookGrabbr™ (Grabbr™) unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BookGrabbr™ (Grabbr™) and you, this Agreement constitutes the entire agreement between you and BookGrabbr™ (Grabbr™) with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Site and/or might be publicly accessible, and it is understood that important and private information will be protected by you as the user and/or customer. BookGrabbr™(Grabbr™) is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. You may not assign this Agreement or any of the rights or licenses granted here under, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of BookGrabbr™ (Grabbr™). This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. BookGrabbr™ (Grabbr™) may assign this Agreement, including all its rights here under, without restriction.
. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests,feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending BookGrabbr™ (Grabbr™) or our employees any ideas for products, services, features, modifications, enhancements, content,refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, orany related documentation, artwork, computer code, diagrams, or other materials(collectively "Feedback
"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to BookGrabbr™ (Grabbr™), you agree that:
BookGrabbr™ (Grabbr™) has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and BookGrabbr™ (Grabbr™) is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant BookGrabbr™ (Grabbr™) perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform(including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
. ThisAgreement is governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Williamson County in the State of Tennessee. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BookGrabbr™ (Grabbr™) as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Content, no confidential,fiduciary, contractually implied or other relationship is created between you and BookGrabbr™(Grabbr™) other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of BookGrabbr™ (Grabbr™) to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against BookGrabbr™ (Grabbr™) unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BookGrabbr™ (Grabbr™) and you, this Agreement constitutes the entire agreement between you and BookGrabbr™ (Grabbr™) with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Any information submitted or provided by you to theSite and/or might be publicly accessible, and it is understood that important and private information will be protected by you as the user and/or customer.BookGrabbr™ (Grabbr™) is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger,change of control, operation of law or otherwise, without the prior written consent of BookGrabbr™ (Grabbr™). This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. BookGrabbr™ (Grabbr™) may assign this Agreement, including all its rights hereunder, without restriction.
NOTICE REGARDING APPLE. You acknowledge that this Agreement is between you and BookGrabbr™ (Grabbr™) only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to theApp or your possession and/or use of the App, including, but not limited to:(i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of thisAgreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii)you are not listed on any U.S. Government list of prohibited or restricted parties. If BookGrabbr™ (Grabbr™) provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
Status and Term of Linking Policy
https://grabbr.com and BookGrabbr, Inc. dba Grabbr, welcomes links to this website that are made in accordance with the terms of this linking policy. This linking policy is intended to assist you when linking to the Grabbr website. By using the Grabbr website you also agree to be bound by the terms and conditions of this linking policy.
Terms for Links to https://grabbr.com
Links pointing to https://grabbr.com should not be misleading. Appropriate and lawful link text and other content should be always be used. From time to time we may update the URL structure of our website, and unless we agree in writing otherwise, you are responsible for updating all links to this website. You must not use our logo to link to this website or for any other purpose without our express written permission.
Terms for Links from this website
This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations regarding third-party websites unless otherwise express stated. https://grabbr.com and Grabbr have no control over the contents of third-party websites, and https://grabbr.com accepts no responsibility for third-party websites, the acts or omissions of their owners or the content on third-party websites, or any direct or indirect loss or damage that may arise from your use of them.
Terms for Removal of Links
You agree that, should we request the deletion of a link to https://grabbr.com that is within your control, you will delete the link promptly. If you would like us to remove a link to a website that is under your ownership or control, included on https://grabbr.com, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
Changes to these Terms or this Linking Policy
We may amend this Linking Policy at any time, without prior notice, by publishing a new, modified or revised version on this website. By using this website you agree to be bound by the most current version of this Linking Policy and its Terms for using it.
Questions or Inquires - Contact Us
Should you have any questions about this Linking Policy, please contact by email at: firstname.lastname@example.org
Digital Millennium Copyright Act Policy
Welcome to https://grabbr.com (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Submitting a Claim
Please prepare and send a written Notice of Infringement which includes all of the following:
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. Please submit the URL of the page in question to assist us in identifying the allegedly offending work;
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. 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 copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices through our Contact page. Email is highly recommended for prompt attention. Although not required by law it is helpful if the Subject Line of your email makes reference to the topic of your inquiry or claim, for example: Notice of DMCA Infringement.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature;
2. A description of the material that has been taken down and the original location of the material before it was taken down;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification;
5. Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy
We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
The information contained in https://grabbr.com is for general information purposes only. The information is provided by https://grabbr.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to https://grabbr.com or the information, products, services, or related graphics contained on https://grabbr.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of https://grabbr.com.
Through https://grabbr.com you are able to link to other websites which are not under the control of https://grabbr.com. Please refer to our separate Linking Policy for additional information on this topic.
Every effort is made to keep https://grabbr.com up and running smoothly. However, https://grabbr.com takes no responsibility for, and will not be liable for, https://grabbr.com being temporarily unavailable due to technical issues beyond our control or by virtue of acts of third-parties that disrupt the smooth flow of content, data or information otherwise intended for this website.
Unique experiences and past performances do not guarantee future results! Testimonials herein are both requested of users and also come from unsolicited sources, and are non-representative of all clients. Certain accounts may have different and potentially even worse performance than that indicated. The distribution of information and content involves risk and there is always the potential for loss.
Please be aware of the following:
Testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that all consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.
Grabbr is not responsible for any of the opinions or comments posted to our site. The Grabbr is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of Grabbr. Grabbr does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer.
In summary, your results may vary from those offered in the testimonials.
Additional / Supplemental Language for Terms of Service
Marketer is responsible, generally and specifically, and in all particulars, for their own content, as well as licenses related thereto, and the procurement of all rights to use such content with respect to everything posted on Grabbr. Grabbr is responsible for the operation and performance of the Grabbr platform and including all calculations presented. Marketer, both generally and specifically, indemnifies and holds Grabbr harmless, to the full extent provided by law, with respect to the marketing, promoting and posting of content for which it is and is not authorized to market, promote or post, including the use of unlicensed content. Please also refer to our DMCA policy for assistance with violations.
Use of Brand Images, Name and Likeness
Grabbr reserves the right and Marketers authorize Grabbr to list both in internal and public marketing documents, the names, likenesses, and images of all clients who use the Grabbr platform in any capacity. Marketers, by their action in promoting and posting content represent that they have the legal right of ownership, licensure or otherwise to do so.