Terms & Conditions

Website Terms & Conditions

Last updated September 28 2017

The use of girlybookclub.com and thegirlybookclub.com websites (together the “Website“) is subject to the following terms and conditions. By using the Website, you agree to these terms of use. Please note in particular the indemnity that you provide under “Limitation, exclusion of liability and indemnity” below.

For the avoidance of doubt, we reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GBC and all related items, including any and all copies made of the GBC website.

  1. Introduction
    1. You agree that by registering on the Website, or by using the our website, including our mobile applications, developer platform, premium services, or other information provided as part of the GBC services (collectively the “Services”), you are entering into a legally binding agreement with The Girly Book Club, a Canadian company with registered number 261181481. Its registered office is 64 Sanderling Cres, Lindsay, Ontario, K9V4N2 (“we,” “us,” “our,” and “GBC”) based on these Terms & Conditions and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a GBC user (“User”).
    2. By clicking registering on the Website, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
  2. General
    1. The Website, its design and contents are all copyright GBC. GBC grants individual users of the Website a non-exclusive personal licence to view and copy the material on the Website solely for personal and non-commercial use. Such licence is revocable by GBC at any time without notice. You agree not to reproduce material on the Website other than in accordance with such licence and, without limitation, not to reproduce any information on the Website on any other website or in any other form. You agree not to arrange for any other website to be connected to the Website by way of hyperlink or otherwise without the prior written consent of GBC.
    2. GBC reserves the right to change these terms of use at any time without notice. Any such changes will be displayed on this page of the Website. GBC reserves the right to suspend or cancel or any part of the Website and the services offered therein at any time without notice.
    3. GBC shall not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.
    4. You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in:
      1. Schedule 1 – User Agreement; and
      2. The Privacy Policy
    5. Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the GBC community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.

      A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.

  3. Information you submit to the Website
    1. You own the information you provide GBC under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant GBC a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialise, in any way now known or in the future discovered, any information you provide, directly or indirectly to GBC, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to GBC, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as specified in Section 9.
    2. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.
  4. Membership Eligibility
    1. To be eligible to use the Website and/or, you must meet the following criteria and represent and warrant that you:
      1. are 18 years of age or older;
      2. are not currently restricted from the Services, or not otherwise prohibited from having a member account,
      3. are not a competitor of GBC or are not using the Services for reasons that are in competition with GBC;
      4. will only maintain one member account at any given time;
      5. have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
      6. will not violate any rights of GBC, including intellectual property rights such as copyright or trademark rights; and
      7. agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
  5. Payment Terms
    1. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to GBC or its agents storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
    2. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services at any time by contacting info@girlybookclub.com. You also acknowledge that the Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
  6. Applications and Mobile Content
    1. GBC may offer the Services through applications built using GBC’s platform (“GBC Applications”). Examples of GBC Applications include its smart phone and tablet applications, and other interactive plugins distributed on websites across the web. If you use a GBC Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing GBC plugins that load in your browser may be communicated to us.
    2. Further, by importing any of your GBC data through the GBC Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your GBC account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing GBC through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices
  7. Discussion boards, forums and other user-generated content
    1. The discussion boards and other user-generated content (such as comments and blogs) are provided for your use. The views and opinions that are expressed by users may not reflect those of GBC.
    2. Unless with the prior written consent of GBC, you must not use the discussion boards to display any material which is:
      1. in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
      2. racist, sexist or homophobic;
      3. pornographic, obscene, profane or vulgar;
      4. defamatory of any person, entity or organisation;
      5. abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website;
      6. otherwise offensive in the opinion of GBC;
      7. infringing of the rights (including the intellectual property rights) of any person; or
      8. related to the conduct of a business.
    3. If you breach these terms and conditions we reserve the right to suspend or delete your account. If you consistently or seriously breach these terms and conditions we may contact you using the email address you have provided when you set up your account to request that you cease posting. If you ignore this request we reserve the right to trace your IP address, contact your service provider and ask that you be blocked from accessing the Website.
    4. GBC may close or transfer groups or forums, or remove content from them if the content violates this Agreement or others’ intellectual property rights. GBC reserves the right to edit or delete any information submitted to the Website, including without limitation any message which contravenes the rules above.
    5. Should you find any message which you feel is in contravention of the above rules, please let us know by emailing us at info@thegirlybookclub.com.
    6. Please note that ideas you post and information you share may be seen and used by others, and GBC cannot guarantee that others will not use the ideas and information that you share on GBC. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Website. GBC IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS.
  8. Privacy Policy
    1. You should carefully read the full Privacy Policy as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to GBC, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
  9. Disclosure of User Information
    1. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of GBC, our Users or the public.
    2. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
  10. Cookies
    1. A number of our pages use cookies to remember:
  • your display preferences, such as contrast colour settings or font size
  • if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won’t be asked again) 
  • if you have agreed (or not) to our use of cookies on this site

Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended. The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

  1. Special terms and conditions
    1. Special terms and conditions apply to the use of certain features of the Website. These are indicated on the relevant pages and form part of this Agreement as if set out in full herein.
  1. Limitation, exclusion of liability and indemnity
    1. GBC endeavours to ensure the accuracy of all content of the Website. However this cannot be guaranteed and GBC’s liabilities are excluded and/or limited as set out below. The content of the Website is provided for information purposes only and you should not rely upon it in making or refraining from making any decision or in taking or refraining from taking any action.
    2. You agree that your use of the Website is entirely at your own risk. No warranty of any type is given by GBC as to the accuracy, completeness or timeliness of any information provided on the Website. You agree that the Website is provided on an “as is” and “as available” basis.
    3. GBC hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:
      1. your use or inability to use the Website or the services offered from time to time therein;
      2. any unauthorised access to or alterations of information provided by you;
      3. your use of any third party websites (including without limitation those that may be connected by hyperlink to the Website);
      4. any arrangements entered into with any third party in connection with any information provided by or in connection with the Website;
      5. the inaccuracy, incompleteness or tardiness of any information supplied through the service; and
      6. other than, in each case, any liability in respect of death or personal injury.
    4. No advice or information, whether oral or written, obtained by you in connection with the Website will create any warranty not expressly stated in these terms and conditions.
    5. Each user of the Website hereby agrees that he or she is owed no duty of care or other obligation by GBC and that insofar as he or she may be owed any such duty or obligation, he or she waives any rights which he or she may have in respect of such duty or obligation.
    6. You agree to indemnify, defend and hold harmless GBC and all officers, employees and agents of GBC from any and all losses, liabilities, claims, damages, expenses or costs (including, but not limited to, reasonable legal fees) asserted by any third party in connection with (i) your use of the Website; (ii) your failure to comply with this Agreement; and (iii) any activity in which you engage on or through the Website.
  2. Termination

Mutual rights of termination

    1. You may terminate this Agreement, for any or no reason, at any time, with written notice to GBC at info@thegirlybookclub.com. This notice will be effective upon GBC processing your notice. GBC may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only GBC or the party paying for the services may terminate your access to any Premium Services. Termination of your GBC account includes disabling your access to GBC and may also bar you from any future use of GBC.

Misuse of the Services

    1. GBC may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the GBC messaging services; creating multiple or false profiles; using the Services commercially without GBC’s authorisation, infringing any intellectual property rights, violating any of the User Agreement in Schedule 1, or any other behaviour that GBC, in its sole discretion, deems contrary to its purpose.
  1. Advertisements and links to other websites
    1. The Website contains links to and content from other internet sites and resources (a “Third Party Site”). GBC cannot control such content and you agree that, without limitation of the terms set out above, GBC is not responsible for such content. GBC cannot endorse products or services offered by third parties through such content.
    2. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.
  2. Your consent
    1. By using the Website, you agree to these terms of use in full. You understand and agree that these terms of use constitute the entire agreement between GBC and yourself in respect of your use of the Website and supersede any and all prior arrangements, agreements and representations.
  3. Notices, Service of Proceedings, Notifications and Service Messages
    1. For purposes of service messages and notices about the Services to you, GBC may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from GBC to an email address associated with your account, even if we have other contact information.
    2. In addition to the above, we may notify you via postings on the Website. You may contact us at info@thegirlybookclub.com.
    3. Or via mail or courier at: 361 Queenstown Road, London SW8 4LH.
  4. Entire Agreement.
    1. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GBC services, third-party content or third party software.
  5. Amendments to this Agreement.
    1. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on the Website or notifying you otherwise. For example, GBC presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 13 (Termination).
  6. No informal waivers, agreements or representations.
    1. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GBC affiliate shall be deemed legally binding on any GBC affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GBC.
  7. No Injunctive Relief.
    1. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
  8. Severability
    1. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
  9. Governing law
    1. These terms of use and your use of the Website are governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to determine any dispute in connection with such terms or use of the Website.
  10. About us
    1. “The Girly Bookclub”, “girlybookclub.com” and “thegirlybookclub.com” are trading names of The Girly Book Club Limited, a company incorporated in England and Wales with registered number 08157949. Its registered office is 361 Queenstown Road, London SW8 4LH.
  11. Disclaimer

DO NOT RELY ON GBC, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GBC AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GBC DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GBC OR ANYTHING RELATED TO GBC, YOU MAY CLOSE YOUR GBC ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

GBC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH GBC TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

GBC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GBC DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

GBC DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GBC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GBC DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

SCHEDULE 1: USER AGREEMENT

As a condition to access GBC, you agree to this User Agreement and to strictly observe the following:

  1. Undertake to do the following:
    1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
    2. Provide accurate information to us and update it as necessary;
    3. Review and comply with the Privacy Policy;
    4. Review and comply with notices sent by GBC concerning the Services; and
    5. Use the Services in an appropriate manner.
  2. Undertake to not do the following:
    1. Act dishonestly or unprofessionally by engaging in inappropriate behavior by posting inappropriate, inaccurate, or objectionable content to GBC;
    2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
    3. Create a user profile for anyone other than a natural person;
    4. Harass, abuse or harm another person, including sending unwelcomed communications to others using GBC;
    5. Use or attempt to use another’s account without authorisation, or create a false identity on GBC;
    6. Upload, post, email, transmit or otherwise make available or initiate any content that:
      1. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
      2. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by GBC);
      3. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
      4. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
      5. Includes any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
      6. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of GBC or any User of GBC;
      7. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
    7. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on GBC (excluding content posted by you);
    8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
    9. Utilise or copy information, content or any data you view on and/or obtain from GBC to provide any service that is competitive, in GBC’s sole discretion, with GBC;
    10. Imply or state, directly or indirectly, that you are affiliated with or endorsed by GBC unless you have entered into a written agreement with GBC;
    11. Adapt, modify or create derivative works based on GBC or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under GBC’s developer program;
    12. Rent, lease, loan, trade, sell/re-sell access to GBC or any information therein, or the equivalent, in whole or part;
    13. Sell, sponsor, or otherwise monetise a GBC Group or any other service or functionality of GBC, without the express written permission of GBC.
    14. Remove any copyright, trademark or other proprietary rights notices contained in or on GBC, including those of both GBC and any of its licensors;
    15. Remove, cover or otherwise obscure any form of advertisement included on GBC;
    16. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from GBC except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
    17. Share information of non-Users without their express consent;
    18. Infringe or use GBC’s brand, logos and/or trademarks, including, without limitation, using the word “Girly Book Club” or a derivation thereof in any business name, email, or URL or including GBC’s trademarks and logos except as expressly permitted by GBC;
    19. Access, via automated or manual means or processes, GBC for purposes of monitoring GBC’s availability, performance or functionality for any competitive purpose;
    20. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of GBC’s website;
    21. Attempt to or actually override any security component included in or underlying GBC;
    22. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on GBC’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or GBC personnel, attempting to gain unauthorised access to GBC, or transmitting or activating computer viruses through or on GBC.
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