Terms of Service
Last updated on February 16, 2022
Welcome to BookCoin! BookCoin is a digital collectible marketplace operating within the Ethereum Network. The BookCoin Platform uses specially-developed smart contracts that enable Authors to sell their books as digital collectibles to Collectors on a peer-to-peer digital marketplace.
These Terms Set Forth a Legally Binding Agreement
These Terms govern your use of the website located at BookCoin.com (the “Site”), and all related tools, mobile applications, web applications, decentralized applications, smart contracts and APIs located at any of BookCoin’s websites, including without limitation, BookCoin owned or branded associated websites linked to from or through the main BookCoin website, successor website(s) or application(s) thereto (the “Platform”).
By Accessing Or Using The Site, Services, Or Smart Contracts You Are Accepting These Terms (On Behalf Of Yourself Or The Entity That You Represent), And You Represent And Warrant That You Have The Right, Authority, And Capacity To Enter Into These Terms (On Behalf Of Yourself Or The Entity That You Represent). If You Do Not Agree With All Of The Provisions Of These Terms, You Are Prohibited From Accessing, Using, Or Transacting On The Site Or Platform. You Further Represent And Warrant That You Are Otherwise Legally Permitted To Use The Services In Your Jurisdiction And That The Company Is Not Liable For Your Compliance With Such Applicable Laws.
Certain features of the Site are subject to other guidelines, terms, or rules, which are located on the Site in connection with such features. The BookCoin Auction Terms of Service, and all such additional terms, guidelines, and rules are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.
Accessing the Platform through MetaMask
Transactions Are Recorded on the Public Ethereum or Polygon Blockchain
Transactions that are made on and through the Platform are managed and confirmed via the Ethereum or Polygon blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, Google Chrome, the Ethereum network, Polygon network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
The Platform Is Property of BookCoin Inc.
You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “BookCoin Materials”) are owned by BookCoin, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All BookCoin Materials are the copyrighted property of BookCoin or its licensors, and all trademarks, service marks, and trade names contained in the BookCoin Materials are proprietary to BookCoin or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the BookCoin Materials not expressly granted to you in the Terms.
BookCoin May Use and Share All User Feedback.
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without any compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
BookCoin is a Non-Custodial Service Provider
The Smart Contracts and the Site facilitate User collection of BookCoin Items, but BookCoin and its affiliates, the Platform, and the Smart Contracts are not the custodians of any User-owned BookCoin Items. BookCoin is a facilitator of transactions between individuals and, as such, BookCoin does not maintain control or custody over the items bought and sold through our platform or service. The User understands and acknowledges that the Smart Contracts do not give BookCoin custody, possession, or control of any BookCoin Item or cryptocurrency at any time for the purpose of facilitating BookCoin Item transactions. The custodial owner, if any and at each step of the minting process, will be specified in the smart contract governing the transaction. You affirm that you are aware and acknowledge that BookCoin is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by BookCoin or any third-party.
The Platform or Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
User Account and Security
User Agrees to Provide Accurate Registration Information
The User must provide accurate and complete registration information when you create an account for the Platform. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. We are not responsible for any loss or damages that you may experience due to a failure on your part to provide complete and accurate information when registering an account with BookCoin or any of the third party services used to access and use our platform.
User is Responsible for Account Security
You are solely responsible for the security of your account and your MetaMask account (and other Ethereum wallets and accounts). You agree to undertake to maintain at all times adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Platform or the Services. You must ensure that Account(s) registered under your name will not be used by any other person. You must notify us immediately of any breach of security, loss, theft or unauthorized use of your username, password or security information at hello@BookCoin.com. Any loss due to your failure to maintain adequate security over your account information or to notify us of any breach of your security will be attributable solely to you, the User.
BookCoin May Suspend Compromised Accounts
BookCoin reserves the right to terminate, suspend or restrict your access to any Account(s) if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) has been compromised, or it has been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall BookCoin or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account(s).
User May Not Use the Platform for Illegal Activity
You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud BookCoin, other users, or any other person or provide false, inaccurate or misleading information; (vii) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual’s or entity’s access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent; (x) exploit the Platform for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the Platform; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xiii) reformat or frame any portion of the Platform; (xiv) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services. You agree to fully and completely indemnify BookCoin, its associates, assigns, or any third parties named or implicated in any suit or complaint filed by or on behalf of anyone who alleges loss suffered as a result of your violation of this section of this Agreement.
User Must Be of Age
You affirm that you are over the age of 18, as the Platform is not intended for children under 18. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
All Works (“Art”, “Work(s)”, “Artwork(s)”, or “Creation(s)”) on the BookCoin Platform is represented by a unique cryptographic token exclusively Minted by one of BookCoin’s approved Authors. Each BookCoin Item (“Item(s)”, “Token(s)”, “Non-fungible token(s)”, or “NFT(s)”) is Minted by an Author using the BookCoin Smart Contracts based on an Author’s original Work. BookCoin Items will be tracked and stored on the Ethereum or Polygon blockchain, providing the Collector of a BookCoin Item with a permanent record of authenticity and ownership.
Creating BookCoin Items
Applying to be a BookCoin Author
Authors seeking an invitation to create and list works for sale on the BookCoin Platform must submit a Request found here. BookCoin has unilateral discretion in curating its Author Network and makes no guarantees or promises that any Authors will be approved, even if the Author was invited by a member of the BookCoin Team to submit the Request. BookCoin may choose, but is not obligated, to revisit a determination made not to include an Author’s applied for works on the BookCoin platform. Additionally, BookCoin may determine, in its sole discretion, to retract an offer to include an author’s works on the BookCoin platform prior to Minting and offering the same for sale to the public.
Author Whitelisting and Minting
Approved Authors are “Whitelisted” and granted permission to Mint BookCoin Items using one or more of our Smart Contracts. To create a BookCoin Item, Approved Authors must provide information about the work, authenticate the work, initiate a request to a token Minting Smart Contract and the Author has Minted a unique, cryptographic token representing a digital version of the creative work.
Author Agrees to Mint only “Original” Works
By Minting a BookCoin Item, Authors expressly represent and warrant that their Work is an original creation. Authors are prohibited from Minting Works consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Author, not authorized for use by the Author, not in the public domain, or otherwise without a valid claim of fair use.
Minting Definition and Terms
Reference to the Minting of a BookCoin Item in these Terms means an Author’s grant of authorization to BookCoin to create a cryptographic token of an original work of authorship that the Author has full legal right and title to exploit. The Minting process consists of BookCoin creating a cryptographic token upon approval by the Author, which BookCoin will list for sale or auction on its platform (as the case may be), and provide the Author with the proceeds of said sale or auction. In the event an initial offering of a BookCoin Minted token does not sell in direct sale or auction (as the case may be) within 45 days of the offering, ownership of the token shall pass fully and completely to the Author. As described elsewhere in these Terms, the Author grants BookCoin a license to the Works to the extent required for BookCoin to Mint a token to offer for sale on its platform.
BookCoin Copyright Guidelines
Copyright is the law of creative work. As a digital platform for creative work, we take copyright law seriously and encourage our Authors and Collectors to learn more about their rights. Please visit the BookCoin Copyright Community Guidelines for more information on copyright law, the difference between “original” and “infringing” content, and the fair use defense.
Authors Must Have Authority to Mint, Display, and Sell the Work
Author expressly represents and warrants that works Minted on the BookCoin Platform contain only original Authored content otherwise authorized for use by the Author. To the extent a Work contains unoriginal content, including content from Works by other BookCoin Authors, the Minting Author further represents and warrants that it has permission to incorporate the unoriginal content. Author represents and warrants that the sale, display or performance of minted BookCoin Item on the Platform is not a violation of any agreement, contract, or obligation owed to a third-party. Authors may not Mint works created by the author but for which licensing rights necessary to Mint the work or elements of the work have been assigned by the author to a third party. It is the sole obligation of the author to either verify ownership of the Work or obtain permission from the owner through license or otherwise in order to Mint the Work or a portion thereof. Author expressly and fully indemnifies BookCoin against any third party suits or claims raised, filed against, or levied against BookCoin as a result of Author’s Minting (or other use) of Works that Author did not have the permission or legal right to use on the BookCoin platform. Additionally, Author expressly and completely indemnifies BookCoin against any suits or claims from the publisher of the Work or any portion thereof. These terms may not be waived due to Author’s claim of ignorance as to copyright law and the Author’s rights and obligations stemming from the same. It is your obligation to be aware of the rights and obligations you may be subject to as it relates to the Works you sell and Mint or attempt to Mint through our platform.
Authors May Be Removed from the Platform.
Failure to abide by these Terms and/or the Community Guidelines may result in, without limitation, suspension or deletion of the Author’s account, revocation of the Author’s minting privileges and other permissions to the BookCoin Smart Contracts or Platform, delisting the Author’s items on the Site, or paying monetary damages. BookCoin has the unilateral authority and discretion to remove, suspend, or revoke Authors’ access to the BookCoin Smart Contracts or any other aspect of the Platform.
Author Agrees Not to Re-Mint.
Author expressly agrees to never use another platform to Re-Mint or attempt to Re-Mint tokens that the Author has created and Minted through the BookCoin platform or service from the Author’s copyrighted material. Once Author Mints a Work or a portion of a Work through BookCoin, that Work or portion may never be Minted by the Author, or any third party working on behalf of Author or who has acquired Author’s rights. This term shall apply to reprints of digital or physical works, inclusion of works or portions of works in compilations or anthologies (or the like) in the sense that the Author may not Mint an identical already Minted Work or element of the Work that Author Minted through BookCoin. Nothing in these Terms shall prevent the Author from re-releasing, re-printing, re-publishing, anthologizing, or otherwise reissuing the Work or elements of the Work in any other fashion besides the Minting of a token or coin associated with Works Minted through the BookCoin platform. Likewise, Author agrees and acknowledges that Author shall not use the BookCoin platform or service to Mint Works that have been Minted elsewhere and under terms that prevent Author from Minting the Work additional times.
Author Indemnifies and Releases BookCoin.
Notwithstanding anything in addition to or contrary to this paragraph, Author hereby agrees to indemnify BookCoin and be held liable for any claim against BookCoin arising out of the Author’s breach of these Terms. Author hereby releases and forever discharges BookCoin from any damages or causes of action resulting from a sale of any of the Author’s listed BookCoin Items occurring after the Author’s breach of these Terms.
The BookCoin Marketplace.
The BookCoin Platform facilitates a digital Marketplace and auction house where Authors can sell and list BookCoin Items for sale or auction and Collectors can purchase, make offers and bid on BookCoin Items. Collectors can obtain BookCoin Items by making an offer accepted by the Author, purchasing at an established List Price, or bidding on Items available in one of our smart contract-enabled auctions.
Purchasing BookCoin Items with a List Price.
BookCoin Items are optionally offered by the Author, or subsequent purchasers of a Work, for immediate acceptance at a List Price established by the Author. Collectors can purchase BookCoin Items with a List Price through the Site by sending an equivalent amount of ETH to a Smart Contract configured to initiate a transfer of the BookCoin Item, plus additional fees and gas.
Making Offers on BookCoin Items
Users can make offers on all listed BookCoin Items through the Site. Offers on the BookCoin Marketplace are legally binding, revocable offers to purchase the Item capable of immediate acceptance by the Owner of the Item.
Upon making an offer, BKCN will confirm the requisite funds are available from the collector’s wallet. If the appropriate funds matching the offer are not available, the offer will be automatically withdrawn. If the funds are available, the bid will be placed.
Upon the winning bidder, the highest bidder will receive a notification to claim their purchase and complete the transaction.
The opportunity to finalize the transaction will last approximately 24 hours from when the notification is sent. Should the collector fail to complete the transaction in that time, the same process will be conducted with the next highest bidder, and then to the third highest bidder should the second fail to complete the transaction as well. In the case that none of the top three bidders complete the transaction, the auction will be canceled and reviewed by BKCN.
BookCoin Marketplace Prices & Fees
Every transaction on the BookCoin Marketplace is subject to Fees collected to support the Authors and the BookCoin Platform. BookCoin collects a Marketplace Fee in addition to the Sales Price for every Sale of a BookCoin Item on the Marketplace. All Fees are collected and distributed at the time of the purchase of a BookCoin Item by operation of the Smart Contracts.
Primary Sale / Initial Book Offering (“IBO”)
- The Author / Rightsholders receive up to 90% of the total Sale Price for Primary Sales.
- BookCoin collects up to 10% of the total Sale Price as a platform fee.
- An Author utilizing BookCoin’s Drop Services for the IBO , should expect to pay BookCoin a single fee of up to 25% of the Sale Price as its platform fee, inclusive of Drop Services.
Distribution of Proceeds by Authors
It is the sole responsibility of the Author to distribute proceeds received through Primary and Secondary Marketplace sales on the BookCoin platform with additional rights holders - i.e. publishers, licensors of works Author is minting, etc. BookCoin holds no responsibility to distribute funds to multiple individuals and will only distribute proceeds to the Author for sales occurring on BookCoin’s platform. We are not responsible for Author’s failure to distribute proceeds to other rights holders, nor are we responsible for the collection and distribution of proceeds for sales of Assets removed from our platform and sold afterwards on other platforms. You agree to indemnify us for any claims of loss by third party rights holders due to your failure to properly or appropriately distribute proceeds pursuant to whatever agreements you have in place with said rights holders.
Users Agree to the Automated Collection and Disbursement of Fees by the Smart Contracts
The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Ethereum or Polygon blockchain network. By transacting on the platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the BookCoin Platform as outlined in these Terms, as amended from time to time. The User hereby consents to and agrees to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts.
Users Consent to Automated Royalties to Authors
The User consents to the automated collection and disbursement to Authors of royalties for Secondary Market sales of BookCoin Items. The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in a royalty to a BookCoin Author. Terms related to royalties and other continued payments made to Authors upon sale or transfer of Assets are contained in the Smart Contract governing said Asset and it is the responsibility of the seller or purchaser of the Asset under the Smart Contract to review or communicate said terms. BookCoin is not responsible for any loss or perceived loss by any seller or purchaser of a BookCoin Minted Asset as a result of the payment of Royalties to authors pursuant to the terms of the Smart Contract.
BookCoin Makes No Representations on Price or Value
Users acknowledge and consent to the risk that the price of an Item purchased on the BookCoin marketplace may have been influenced by User activity outside of the control of BookCoin or the BookCoin Platform. BookCoin does not represent, guarantee, or warrant the accuracy or fairness of the price of any BookCoin Item sold or offered for sale on or off of the Marketplace. The User agrees and acknowledges that BookCoin is not a fiduciary nor owes any duties to any User of the platform, including the duty to ensure fair pricing of BookCoin Items or to police User behavior on the Marketplace. By using the BookCoin platform and accepting these Terms, you acknowledge that any purchase or sale made by you using our platform or service carries risk of loss due to the nature of how the value of items may fluctuate greatly, and you fully and solely accept this risk when engaging in transactions using our platform. You also acknowledge that BookCoin does not operate as an investment agent or any other similar role and that your purchase of Items using our platform and service is for your ownership of the same and not made for the purpose of speculating and investing.
Off Market Transactions
Collectors are permitted to sell their Items on third party exchanges but are highly encouraged to hold all future transactions of a BookCoin Item on reputable marketplaces to ensure the author receives their royalty.
All User transactions on the BookCoin Platform, including without limitation Minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum and Polygon network. The networks requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs, and thus every transaction occurring on the BookCoin Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of BookCoin or the BookCoin Platform. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that gas is non-refundable under all circumstances.
Users are responsible to pay any and all sales, use, value-added, income and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any Items).
In a Scheduled Auction, the Owner establishes a specific start and end time for an Auction for the item to go live. Owners will include a Starting Price and can optionally include a reserve price to be met as well. As long as the Starting or Reserve Price, if relevant, is met by an Auction Participant, the work will be sold.
Upon making an offer, BKCN will confirm the requisite funds are available from the collector’s wallet. If the appropriate funds matching the offer are not available, the offer will be automatically withdrawn. If the funds are available, the bid will be placed. All bids are legally binding.
Upon the winning bidder, the highest bidder will receive a notification to claim their purchase and complete the transaction.
The opportunity to finalize the transaction will last approximately 24 hours from when the notification is sent. Should the collector fail to complete the transaction in that time, the same process will be conducted with the next highest bidder, and then to the third highest bidder should the second fail to complete the transaction as well. In the case that none of the top three bidders complete the transaction, the auction will be canceled and reviewed by BKCN.
A Scheduled Auction may be cancelled by a seller if the reserve price is not met, the highest bidder doesn’t move forward with the transaction or at anytime by the administrator if foul play is suspected. In this case, there will be no winner and the issues will be addressed.
If a bid is placed within the last 10 minutes of a Scheduled Auction, the auction time is extended by 10 minutes from the time of the bid in order to accommodate last minute bids.
The countdown timers in the UI are an approximation. Participants should get their bids in as early as possible to ensure that they are processed by the Auction smart contract before the close of the Auction.
Marketplace Transactions are Executed by Smart Contracts
To initiate a transaction on the BookCoin Marketplace, a User must voluntarily invoke one or more Smart Contract operations from an Ethereum Wallet. All transactions on the BookCoin Marketplace, including but not limited to transfers, offers, bids, listings, sales, or purchases of BookCoin Items are initiated though one or more Smart Contracts at the sole discretion and at the complete risk of the Users. The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer a BookCoin Item. The User acknowledges the risk of Smart Contracts and agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the User expects.
User Acknowledges the Risk of Smart Contracts and Blockchain Technology
BookCoin Marketplace transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Site utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems (as those terms and applications are generally used and defined in the industry). Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the BookCoin smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Polygon blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or BookCoin Items, or lost opportunities to buy or sell BookCoin Items. BookCoin assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties. By using our Site and Service, you acknowledge this inherent risk and agree to voluntarily and willingly assume all loss in the case of loss.
Users Assume the Risk of Interacting with on Smart Contracts
Users hereby acknowledge and assume the risk of initiating, interacting with, participating in Marketplace or Auction transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the smart contracts, the BookCoin Site, or other market participants behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology, the BookCoin site, and in initiating Ethereum-based transactions.
No Attacking or Interfering with the Smart Contracts
Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any BookCoin smart contract. Operations performed by a User that are technically permitted by a BookCoin smart contract may nevertheless be a violation of our Terms of Service and the law.
BookCoin Makes No Representations or Warranties
BookCoin makes no representations or warranties, express or implied, written or oral, made by or on behalf of BookCoin in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any BookCoin Item or work, smart contract code, or software.
BookCoin is Not Liable for the Outcome of Any Marketplace Transaction
BookCoin shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Marketplace transaction, whether or not BookCoin has been advised or knew of the possibility of such damages. BookCoin's liability for damages under this Agreement shall in all cases be limited to, and under no circumstances shall exceed, the amount of proceeds actually received by BookCoin arising out of the damage after deducting all costs, fees and liabilities incurred by or on behalf of BookCoin.
BookCoin May Modify these Terms and the Smart Contracts
BookCoin reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms and the smart contracts accessible through the BookCoin Site from time to time.
The Marketplace Smart Contracts.
Marketplace transactions that are not minted by BKCN are executed by one or more Smart Contracts processed on the Ethereum or Polygon Virtual Machine and not under any direct control by BookCoin or any other third party. The User acknowledges and agrees that BookCoin is not a party to any agreement or transaction between any Users involving the purchase, offer, sale, auction, or transfer of BookCoin Items, whether or not a commission or fee is received by BookCoin as a consequence of the transaction. Items listed for sale on the BookCoin Marketplace are not offered on consignment or held in trust on behalf of any Author, Collector, Owner, or User. BookCoin reserves the right to execute Smart Contract transactions on the BookCoin Marketplace as a collector of BookCoin items.
Marketplace transactions that are minted by BKCN as part of an exclusive BKCN “Drop” are executed by automated Smart Contracts that are under the control of BKCN. While BookCoin may maintain control of the automated systems that produce and execute the Smart Contracts, once the minting process has started, BookCoin is unable to interfere with the minting process and simply acts as a facilitator of the minting process. Liability for these types of transactions are governed by separate agreements between BookCoin and the minting party directly.
The BookCoin Marketplace is a transparent and open digital Marketplace that depends on the honest participation of all Users.
Users are Prohibited from Manipulating Market Prices
Users are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the BookCoin Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price a BookCoin Item, groups of BookCoin Items, or BookCoin Items created by particular Authors.
Users are Prohibited from Bidding on, Making Offers on, or Purchasing Their Own Works
BookCoin Authors, Owners, and Collectors are expressly forbidden from bidding, purchasing, or making offers on their own listed or offered BookCoin Items, especially for the purpose of artificially influencing the price of the listed Item(s).
Users are Prohibited from Anti-competitive Conduct
Users are generally forbidden from engaging any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for a work (i.e, "wash trading"), or any other anticompetitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.”
Users are Prohibited from Using the Marketplace to Conceal Economic Activity
Users are expressly forbidden from selling works, listing items for Auction, making bids during an auction, purchasing a work, or engaging in any other Marketplace transaction for the purpose of concealing economic activity, laundering money, or financing terrorism. For example, and without limitation, Users are forbidden from using the Platform and any Smart Contract to conceal or transfer proceeds or assets relating to criminal activity or to pay for a Item for any other reason than to obtain the Item. All Users expressly represent and warrant by performing transaction involving the BookCoin Site or Smart Contracts that their actions are legal under United States law and the jurisdiction from which they initiate the transaction.
Users Agree to Report Suspicious Market Activity
Users agree to report suspicious market activity of other BookCoin Users. If a User suspects that one or more BookCoin Users are in violation of these Terms, the User should promptly inform the BookCoin team at hello@BookCoin.com.
Violation of the Marketplace Code of Conduct May Result in BookCoin Intervention
The User hereby agrees and acknowledges that any forbidden Marketplace conduct described herein and in the may be a violation of federal or state law and/or these Terms. BookCoin hereby reserves the right to completely or partially restrict or revoke a User’s access to the Site for violating these Terms. BookCoin reserves the right to amend, rectify, edit, or otherwise alter BookCoin Market transaction data to mitigate market harm caused by a User’s violation of these terms.
User Releases BookCoin from Claims Arising From Other Users’ Violations of these Terms
The User irrevocably releases, acquits, and forever discharges BookCoin and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of the these Terms.
Ownership: BookCoin Collectors Limited License
All Collectibles purchased on and distributed through the Platform are subject to the BookCoin Limited License, the terms of which are described below. All Users who receive a BookCoin Item acknowledge and agree to accept or purchase the Item subject to the conditions of the Limited License, and must accept this Limited License prior to purchasing a BookCoin Item.
Ownership of a BookCoin Item.
“Owning” a BookCoin Item means that you own a cryptographic token representing the Author’s creative Work or Works as a piece of property, but you do not own the creative Work itself.
Collectors have the right to display & trade the BookCoin Item, but do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the underlying Creative Works, excepting those granted in this Limited License.
The Author reserves all exclusive copyrights to Works underlying BookCoin Items created or distributed by the Author on the Platform, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the Items.
The Collector’s Limited License to Minted Artwork
Collectors of a BookCoin Item Artwork are encouraged to show off, promote, and share their collected Items, but the Collectors may not infringe on any of the exclusive rights of the copyright holder (i.e., the Author). By Minting Items on the Platform, Author affirmatively grants a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Artwork underlying BookCoin Items legally owned and properly obtained by the Collector.
NFT Ownership ≠ Copyright Ownership
Unless specifically negotiated and arranged between Author and purchaser, under no circumstances will the copyright of any Work be transferred with that Work as part of the transaction. Copyright ownership will remain with the Author and any other rights holders. As mentioned elsewhere in this License, you own a representation of the copyrighted Work and the ability to display and trade it, but you do not own the copyright in the underlying Work whether that be written text, images, audio, audiovisual representations, or anything else.
Collectors May Display the Artwork.
The Collector’s limited license to display the Artwork, or perform the Work in the case of audiovisual works, includes, but is not limited to, the right to display or perform the Work privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest in the Work, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Work; (iii) on third party Marketplaces, exchanges, Platforms, or applications in association with an offer to sell, or trade, the NFT associated with Work; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Work within one or more virtual environments.
Collectors Shall Not Make Commercial Use of Artwork.
Collectors have the right to sell, trade, transfer, or use their BookCoin™ Items, but unless specifically awarded by the author, Collectors may not make “commercial use” of the underlying Work including, for example, by selling copies of Work, selling access to the Work, selling derivative works embodying the Work, charging a fee to the public or to private individuals to view or listen to the Work, or otherwise commercially exploiting the Work.
Other Restrictions on the Collector’s Limited License.
The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Author’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Author’s honor or reputation; (ii) use the Work to advertise, market, or sell any third party product or service; (iii) use the Work in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Work in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for aCollector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Work; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Work; (vii) attempt to Mint, tokenize, or create an additional cryptographic token representing the same Work, whether on or off of the BookCoin Platform; (viii) falsify, misrepresent, or conceal the authorship of the Work or the BookCoin Item; or (ix) otherwise utilize the Work for the Collector’s or any third party’s commercial benefit.
The Limited License Belongs Only to the Current Owner of a BookCoin Item
The User agrees and acknowledges that the lawful ownership, possession, and title to a BookCoin Item is a necessary and sufficient condition precedent to receive the limited license rights to the underlying Work provided by these Terms. Any subsequent transfer, dispossession, burning, or other relinquishment of a BookCoin Item will immediately terminate the former Owner’s rights and interest in the license or BookCoin Item as provided by these Terms.
No Limited License to BookCoin Rewards and Additional Perks.
The Platform also enables Authors to give special access to assets where proof of ownership of the NFT associated with the Work can grant Collectors access to unreleased portions of manuscripts and in some cases, entire books (“Bundles”) or to other unique benefits, such as physical collectibles or special access to communicate with the Author (“Additional Perks”). In such situations, no license is granted, limited or otherwise, to the Collector by the Author or by BookCoin to the assets contained in the Bundle or the Additional Perks. This restriction applies to those items in the Bundle including, but not limited to, text or written creative works, audiovisual works, audio works, or visuals and images. access to those assets offered by the Author or by BookCoin contained in the Bundle for the Collector’s personal use and enjoyment.
Collectors do not have any legal right to share or distribute this content, nor do Collectors have any ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to any of these assets.
The Author reserves all exclusive copyrights to Written Assets underlying BookCoin Items by the Author on the Platform, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute.
Proof of ownership of the NFT underlying the Author’s Work associated with the Additional Perks will grant the limited access for the personal and non commercial use and enjoyment of the unique benefits described in the Additional Perklimited license described below.
Collectors do not have any legal right to share or distribute these Additional Perks or content, nor do they have ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to any text assets.
The Author reserves all exclusive copyrights to Bundles and Additional Perks underlying BookCoin Items created by the Author on the Platform, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute.
Collector Rights per Collections.
The Subtle Art of Not Giving a Fuck by Mark Manson.
The Author’s Rights and Restrictions.
The Author owns all legal right, title, and interest in all intellectual property rights to creative Works underlying BookCoin Items Minted by the Author on the Platform, including but not limited to copyrights and trademarks, but excepting the right to Mint additional copies of the same Work subject to this or any other ancillary agreements between the Author and BookCoin. As the copyright owner, the Author enjoys several exclusive rights to the Work, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform the Work. Subject to, and in accordance with these Terms, the Author hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express and affirmative grant of the limited license rights to the Work to all subsequent Owners of the BookCoin Item, as provided herein.
Author Agrees Not to Mint Multiple Tokens for the Same Artwork.
BookCoin Items are unique, meaning that there should only ever be one digital token for a given Item. Author hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express representation, warranty, and covenant that the Author has not, will not, and will not cause another to Mint, tokenize, or create another cryptographic token representing a digital collectible for an identical, or nearly identical Item, excepting, without limitation, the Author’s ability to Mint, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Author under copyright law. For example, you are permitted under these terms to Mint a token representing a single line quote from a book through BookCoin, and would be permitted to Mint a token representing the chapter that quote is contained in or even the entire book on another platform. You would not, however, be permitted to Mint a token for the single quote on BookCoin and then essentially re-tokenize the same line by Minting a token on another platform for the line plus the one that follows it.
Author Grants BookCoin a License to All Minted Works
The Author hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express and affirmative grant to BookCoin, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Work on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, the Site, the Marketplace, or any other purpose related to the BookCoin Platform or business, including without limitation, the express right to: (i) display or perform the Work on the Site, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative works based on the Work, including without limitation, compilations, collective works, and anthologies; (iii) indexing the Work in electronic databases, indexes, catalogues, the Smart Contracts, or ledgers; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Work within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
User Releases BookCoin from Copyright Claims
The Author and all Users irrevocably release, acquit, and forever discharge BookCoin and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for BookCoin’s use of a Work in accordance with these Terms, including without limitation, BookCoin’s solicitation, encouragement, or request for Users or third parties to host the Work for the purpose of operating a distributed database and BookCoin’s deployment or distribution of a reward, a token, or other digital asset to Users or third parties for hosting Works on a distributed database.
BookCoin account names are available on a first-come, first-served basis. Only one (1) username can be assigned to a public Ethereum wallet address. Usernames are not the User’s intellectual property or personal property. BookCoin reserves the absolute right to delete, modify, or change a username associated with a User’s wallet address without notice for actual suspected violation of these policies.
BookCoin prohibits username squatting and the practice of reserving usernames for future use, especially where there is a likelihood that the username may confuse or mislead others. Users violating this name squatting policy may be removed or renamed without notice. Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are prohibited and may result in permanent account suspension and a permanent ban from the platform.
BookCoin prohibits reserving inactive accounts for future use. BookCoin has the absolute authority to delete or modify inactive users. Users that have not conducted any transactions on the BookCoin Marketplace, collected any BookCoin Items, or initiated any transaction on the Polygon blockchain for six (6) months may be deleted without notice.
Copyright Infringement Complaints Under the Digital Millennium Copyright Act
BookCoin respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights of any person. BookCoin will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (DMCA) and these Terms, including removing or disabling access to Content claimed to be infringing and/or terminating accounts and access to the Site.
The DMCA Process and Procedure
Filing a DMCA “Take Down” Notification
If you are a copyright owner or an agent thereof and believe that any Content on the BookCoin Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
- Identification of the 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 us to locate the material. *Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly
- Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and an electronic mail address at which you (the complaining party) may be contacted.
- A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- *(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
Any person who knowingly materially misrepresents that Content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
Responding to an DMCA Notice with a Counter Notification
We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective DMCA Infringement Take Down Notification. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to mint and use the material, you may send us a Counter Notification containing the following information:
- Your physical or electronic signature;
- 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 disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside (or the U.S. district court where our headquarters are located if your address is outside of the United States), and a statement that you will accept service of process from the person who provided notification of the alleged infringement to us.
You have ten (10) business days after receipt of a DMCA take-down Notice to send us an effective Counter Notification or the allegedly infringing material may not be restored.
Any person who knowingly materially misrepresents that material or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
Where to Send a DMCA Request
You must submit your DMCA Take-Down Notices and Counter Notifications to us by email.
Email Address: hello@BookCoin.com Subject/Heading of Email: BookCoin DMCA Take Down Notification
DMCA Notices Must Comply With These Requirements
Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
BookCoin Has the Right to Remove Allegedly Infringing Content
BookCoin reserves the right to remove any Content that allegedly infringes another person's copyright or trademark rights, thereby restricting access to or visibility of the Work on the Site and restricting the Owner's ability to sell, access, or view the Work on the Marketplace. All transactions involving BookCoin Items are conducted with the knowledge and assumption of the risk that the Item may subsequently be removed from the BookCoin Site and Marketplace as a consequence of a DMCA dispute or a User’s violation of these Terms. BookCoin shall not be liable to a Collector or Author of an Item that was subsequently taken down by BookCoin pursuant to a valid DMCA Take-Down Notice or a determination of a User’s violation of these Terms.
BookCoin Has the Right to Terminate Repeat Infringers’ Accounts
BookCoin implements a strict “repeat infringer” policy, which requires it to terminate a User’s access to the Site and Smart Contracts, including restricting minting privileges and terminating a User’s account if, under appropriate circumstances, the User is determined to be a repeat infringer. BookCoin also reserves the right to restrict an Author’s account for reasons other than copyright infringement, such as, but not limited to, minting pornographic, obscene, or hateful content, or excessive or suspicious minting conduct. We may at any time, without prior notice and in our sole discretion, remove such material and/or terminate a User’s account for submitting such material in violation of our Terms of Service.
Infringers May Be Liable to Collectors and BookCoin
Authors expressly agree to refund to the Collector and/or BookCoin the entire portion of ether (ETH) received from the sale of a BookCoin Item that was subsequently removed from the Site pursuant to an effective DMCA request to which the Author failed to timely submit an effective DMCA Counternotification. BookCoin, under any circumstance, will not be held liable to any Collector or User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA.
Users Agree to Cooperate with BookCoin
Author, Collectors, and all Users expressly agree to cooperate and timely respond to BookCoin’s investigations, requests, and inquiries related to DMCA disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon BookCoin’s request for Works that have been permanently removed from the BookCoin marketplace pursuant to a valid DMCA Take-Down Notice, or that are otherwise alleged to be infringing.
Disclaimers and Limitations on Our Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BookCoin AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BOOKCOIN IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. BOOKCOIN FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE OFFERING BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON BOOKCOIN. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, BOOKCOIN MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.
BookCoin Makes No Representations or Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BookCoin AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR ABOUT PRODUCTS, THE VALUE OR TITLE OF BookCoin ITEMS, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH OUR SITE. BookCoin AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR CONSUMPTION OF ANY PRODUCTS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES; OR (G) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, OUR COMPANY AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OUR COMPANY AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT YOU PAID TO US IN FEES OVER THE PAST TWELVE (12) MONTHS.
Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.
Assumption of the Risk
User Acknowledges the Risk of Cryptocurrency and Smart Contracts
YOU FURTHER REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS THE SMART CONTRACTS, THE Polygon blockchain, NON-FUNGIBLE TOKENS, AND THE INTERPLANETARY FILE SYSTEM.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, VENLY ELECTRONIC WALLET, OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, ETHEREUM NETWORK, THE METAMASK ELECTRONIC WALLET OR ETHEREUM-COMPATIBLE BROWSER OR WALLET.
BookCoin is Not Responsible for Technical Errors on the Polygon blockchain
BookCoin IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET OR ANY ETHEREUM-COMPATIBLE BROWSER OR WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 or ERC-721 standards, including the BookCoin ecosystem.
The User Acknowledges the Risks of the Platform
You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Agreement by BookCoin in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.
BookCoin Does Not Guarantee the Value or Title of BookCoin Items
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your BookCoin Items, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the BookCoin ecosystem, and therefore the potential utility or value of BookCoin Items. The Platform, ETH and digital assets could be impacted by one or more regulatory inquiries regulatory actions, or legislative policies which could impede or limit the ability of BookCoin to continue to develop the BookCoin Platform, or which could impede or limit your ability to access or use the Platform, Ehereum blockchain or Polygon blockchain. BookCoin Items may be encumbered by actual or possible copyright or trademark claims against the Item.
User Acknowledges Financial Risk of Digital Assets
Use of the Platform, including the creating, buying or selling trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
Reporting of Financial Transactions to Governing Bodies
As decentralized blockchain transactions and nonfungible tokens are rising in popularity, there is an increasing possibility that BookCoin will be required by the United States Internal Revenue Service, Securities and Exchange Commission, or other federal or state regulatory bodies to provide information regarding financial transactions enacted through the BookCoin platform. Should this be required or should legislation be enacted that requires BookCoin’s communication of this or other information with regulatory agencies, BookCoin will notify you of such action, will seek available remedies at law to avoid cooperation wherever possible, but will also comply with said regulations and requirements as mandated by law when no legal avoidance is possible. You should be aware that it is your responsibility to report your ownership, financial gains, and financial losses in the value of Assets and Works purchased and sold through our platform in accordance with the laws of the United States or your home country, whichever may apply in your situation.
Arbitration Agreement & Waiver of Certain Rights, Including Class Actions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA (AMERICAN ARBITRATION ASSOCIATION) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BookCoin WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You Agree to Waive a Jury Trial
YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM. All controversies, claims, counterclaims, or other disputes arising between you and BookCoin relating to these Terms, our Site, BookCoin Item, or any Orders shall be submitted for binding arbitration under the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities, regulatory authorities, or other governmental agencies.
This arbitration agreement does not preclude you or BookCoin from seeking action by federal, state, or local government agencies. You and BookCoin may also bring qualifying claims in small claims court. In addition, you and BookCoin retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BookCoin will pay as much of the administrative costs and arbitrator fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Class Action Waiver
YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. You may only bring individual claims, and the arbitrator may only decide individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
These Terms May Change
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the “Last Revised” date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, you Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links).
The Smart Contracts May Change
The User acknowledges that BookCoin may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The User agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by these Terms.
Confidentiality of Certain Communications
Users may voluntarily contact BookCoin to report serious misuses of the BookCoin Platform including, for example, suspicious market activity, hate speech, or other serious violations of these Terms. User agrees to keep confidential all private correspondence with any members of the BookCoin Team pertaining to another member’s alleged violation of these Terms or other inquiries about BookCoin’s policies.
You agree to indemnify and hold harmless our company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
You may terminate these Terms at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
No Assignment of the Terms
Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that BookCoin may assign this Agreement without your prior consent to any of BookCoin’s affiliates, or to its successors in interest of any business associated with the services provided by BookCoin. This Agreement shall be binding upon the permitted assigns or transferees of each party.
Governing Law and Jurisdiction
These Terms will be governed by and construed under the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or our Products will be filed only in the state or federal courts in New York, New York. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.