Books Trade City Terms of Use

Introduction

Using Books Trade City.com

As a condition of your use of Books Trade City you agree that you will not:

• violate any laws;
• violate our Policies.
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind;
• infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm Books Trade City or the interests or property of Books Trade City users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Books Trade City;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access Books Trade City and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from Books Trade City or Books Trade City ‘s copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Books Trade City;
• use any tool that interferes with the normal functioning of Books Trade City, including, without limitation, browser plugins, extensions, or other software which are designed to supplement, remove or otherwise change any of Books Trade City’s functionalities; or
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Books Trade City and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Books Trade City either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Books Trade City, we may, at our discretion, inform other Books Trade City users that have been in contact with you and recommend that they exercise caution.

Abusing Books Trade City

Books Trade City and the Books Trade City community work together to keep Books Trade City working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Books Trade City if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Books Trade City employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off  Books Trade City or not, we do not have any obligation to monitor the information transmitted or stored on Books Trade City and we do not accept any liability for unauthorised or unlawful content on Books Trade City or use of Books Trade City by users.

Internet Global Marketplace

Some of Books Trade City’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the global  community (for example on different marketing Platforms in other countries), or on third party Platforms, including social media channels. By using Books Trade City, you agree that your ads can be displayed on these other Platforms and media channels. The term for our other Platforms, where applicable, are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Books Trade City or any third party Platform, or if we believe it causes problems or violates any law or policy.

Our Fees and Services

Using Books Trade City is a membership platform with a Free and paid packages where we charge fees for our services, allowing people to put their books and other ephemera for sale or exchange. Fees for our membership packages are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Books Trade City. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Books Trade City fees when they’re due, unless they are automatically renewed, depending on your membership subscription package. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Books Trade in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Books Trade City users for any fees paid through use of Books Trade City in the following cases:

• If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
• If your ads went live with exposure on the Books Trade City sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If your ads are placed into “edit” mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;
• If we believe that your ads are in a significantly wrong category

Books Trade City Content and Copyright policy

Books Trade City contains content from us, you, and other users. Books Trade City is protected by copyright laws and international treaties. Content displayed on or via Books Trade City is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.

You agree not to copy, distribute or modify content from Books Trade City without our express written consent.
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Books Trade City.
Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Books Trade City (other than your own content).

When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels.

In particular, by giving us content, you grant us the right to display such content on other Platforms or our classifieds sites in other countries, where applicable, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Third Party

Books Trade City may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Books Trade City ad while your ad is on Books Trade City. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Books Trade City ‘s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Books Trade City is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Books Trade City policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Books Trade City site can use affiliate products. All copyright related to these products belong to their creators.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Books Trade City by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Books Trade City.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to email with Subject “ Notice of Infringement”  it to Books Trade City at admin@bookstradecity.com. You can report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement email is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Books Trade City to identify the advertisement to be removed. Once we have received your Notice of Infringement email, you can also send later reports to Books Trade City via the e-mail address provided.

Note: This email can only be sent by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” email  is intended to enable rights owners to ensure that products offered by Books Trade City users do not infringe their copyright, trademark rights or other intellectual property rights.

Books Trade City Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Books Trade City comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Books Trade City, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more Books Trade City users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third Party Rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy Policy

By using Books Trade City, you agree to the collection, transfer, storage and use of your personal information by Books Trade City on servers located in the United States as further described in our Privacy Policy.

You and Books Trade City shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Books Trade City and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Books Trade City exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Disputes

If a dispute arises between you and Books Trade City, we strongly encourage you to first contact us directly to seek a resolution by contacting us through email admin@bookstrade city.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Books Trade City constitute the entire agreement between Books Trade City and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Books Trade City.com Limited must be resolved by the courts of England and Wales. You and Books Trade City both agree to submit to the non-exclusive jurisdiction of the English Courts.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to NPCS, PO BOX 8004, Wellingborough, NN89LU. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received within five working days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Books Trade City website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Additional Information

We may amend this Terms of Use at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. In addition, we will notify you through the bookstradecity.com Messaging system

These terms last updated  1 February  2022.