Terms of Service
This website or service is owned and operated by Bookmark OS, LLC (hereafter "Bookmark OS", "we", "our", or "us").
We welcome your ongoing feedback and communication. You agree, however, that (i) by submitting unsolicited ideas to Bookmark OS or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Bookmark OS or any the Services or any of Bookmark OS’s employees or representatives automatically become the property of Bookmark OS.
You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Bookmark OS together with all intellectual property rights therein.
If you have any questions about these Terms of Service, please contact us at:
- Certain types of content are made available through the Services.
- “Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, video files, made available through the Services, excluding Member Submissions.
- “Member Submissions” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files, and other content and information which Members post, upload or otherwise submit to the Services, including without limitation, in discussion groups, message boards, reviews, ratings, and Member created profile pages, whether for themselves, a celebrity, a product, a brand, another Member or set of Members, etc.
- Member understands and agrees that, given the very large mount of Content added, deleted, altered, and edited on the Services on a frequent basis, Bookmark OS does not and cannot screen anything made available to its Members.
- Bookmark OS reserves the right, but not the obligation, to remove and permanently delete any Content or Member Submissions from the Services without notice.
- You further acknowledge and agree that no Content on any of the Services represent an express or implied endorsement of any kind by any celebrity, person, team, league, conference, user, member, company, charity, school, store, or any other entity represented or featured on the Services.
- Member understands and agrees that the Services do not endorse or encourage gossip, rumors or other speculative personal information regarding celebrities, public figures, or other Members.
Copyright Materials: No Unauthorized Use
You shall not use the Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Bookmark OS has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members of the Services who infringe or are believed to be infringing the rights of copyright holders:
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please complete the following DMCA Notice of Alleged Infringement ("Notice") and deliver it to Bookmark OS's Designated Copyright Agent. Upon receipt of the Notice as described below, Bookmark OS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our Services and/or termination or suspension of a Member’s account.
DMCA Notice of Alleged Infringement
- Identify the copyrighted work that is claimed to be infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on our Services where such material may be found.
- Provide your mailing address, telephone number, and email address.
- Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name, mailing address, telephone number, and email address.
- Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deliver this Notice, with all items completed, to Bookmark OS's Designated Copyright Agent:
Disclaimer of Warranties
- Your use of the Services, Content, and Member Submissions is at your sole discretion and risk. The Services, Content and Member Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
- Bookmark OS expressly disclaims all warranties of any kind, express, implied or statutory, relating to the services, content and member submissions, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
- Bookmark OS and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the Bookmark OS Sites, Services, or Software will meet your requirements; (ii) the Bookmark OS Sites, Services, or Software will be uninterrupted, timely, secure, or error-free; and (iii) the results or data that may be obtained from the use of the Bookmark OS Sites, Services, or Software will be accurate or reliable.
- No advice or information, whether oral or written, obtained by you from Bookmark OS shall create any warranty not expressly stated in this Agreement.
- Bookmark OS has no ability to control the Member Submissions that are uploaded, posted, or otherwise transmitted using the Services and does not have any obligation to monitor such Member Submissions for any purpose.
- Bookmark OS does not endorse any Member Submission or any opinion, recommendation, rating, advice, or product association expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bookmark OS with respect thereto.
- Members enter into direct commercial or personal relationships with other Members at their own risk. Bookmark OS strongly recommends that Members do not ever buy or sell goods or services directly with other Members. Bookmark OS may sell items, on any of our sites, through 3rd party affiliates. You understand and acknowledge that any transaction between you and one of these affiliates is out of Bookmark OS's control, and you agree that Bookmark OS is not liable or responsible for any such transaction.
- You understand and acknowledge that no Content shall be uploaded via any Bookmark OS Site, through any of its tools, mechanisms, or otherwise, unless you own the copyright or distribution rights to the Content.
Subscriptions and Purchase TermsSubscriptions
The features and price of your access to the Service is determined by the subscription plan and account type you register for, purchase, renew, or change into (each, a “Plan”)—to review the features and price associated with Bookmark OS’s Plans, please visit https://bookmarkos.com/select-plan. No contract will exist between you and Bookmark OS until Bookmark OS accepts your subscription payment.Fees
The use of a Pro plan is expressly conditioned on timely payment of the then-applicable license fee (“Subscription Fee”). If payment is not received within the required time period, we may suspend your access to the Service until payment is received. The initial subscription fee is fully refundable up to 3 days after the first payment. Except as set forth in the Terms, all other Subscription fees are non-refundable.Auto-Renewal for Subscription Services
Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate. To change or terminate your Subscription, go to your Subscription page (follow the Settings link and then the Subscription link) or contact us at firstname.lastname@example.org. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term.
Subscription holders agree to pay the annual fee when you purchase a Subscription. Any agreement you have with your payment provider will govern your use of your specified payment method. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.Billing Authorization
You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on an annual basis, in advance, for recurring Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Bookmark OS, nor any Bookmark OS agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.Third-Party Payment Processors
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you sign up for a Subscription. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
You agree to defend, indemnify, and hold Bookmark OS, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, Content and Member Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party.
Limitation of Liability
In no event shall Bookmark OS, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the services, data, content and member submissions whether the damages are foreseeable and whether or not Bookmark OS has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Member Submissions, Intellectual Property, and OwnershipContent created, by you, using our Services
- You may access and use the Content for your own personal, non-commercial use.
- You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Content, Member Submissions or related products and services.
- You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, license, or otherwise exploit the Services, Content, Member Submissions (other than your Member Submissions).
- Bookmark OS and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Services, Content, Information, and Data contained therein other than your Member Submissions.
- Bookmark OS does not claim ownership rights in your Member Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any Member Submission to the Services, you hereby grant Bookmark OS a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Member Submissions in any form, medium, or technology now known or later developed, including without limitation on the Services, and any third party websites.
- You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Bookmark OS.
- Bookmark OS shall own all right, title, and interest in and to all derivative works and compilations of Member Submissions that are created on the Services, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Bookmark OS to give to Bookmark OS the full benefit of the rights granted to Bookmark OS by you.
- You acknowledge and agree that Bookmark OS may at its option, establish limits concerning Member Submissions, including, without limitation, the maximum number of days that Member Submissions will remain on the Services, the maximum size of any files that may be stored on or uploaded to the Services, and the maximum disk space that will be allotted to you for the storage of Member Submissions on Bookmark OS’s servers and the respective servers of the Services.
- Bookmark OS shall have no responsibility or liability and you are solely responsible for creating back-ups of your Member Submissions.
Modification of the Terms of Service
- Bookmark OS reserves the right, in its sole discretion, at any time to modify, discontinue or terminate its Services, or modify these Terms of Service without notice.
- All modified terms and conditions will be effective after they are posted on the Services (unless a longer notice period is required by applicable law).
- If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your related account.
- By continuing to access or use the Services after Bookmark OS makes any such revision, you agree to be bound by the revised Terms of Service.
- In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
- You may not assign this Agreement in any way without the prior written consent of Bookmark OS and any prohibited assignment will be null and void. Bookmark OS may assign these Terms of Service or any rights hereunder without your consent.
- The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, partner, or joint venturer of the other.
- This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in Connecticut and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
- You agree that this Terms of Service and the rules, restrictions and policies contained herein, and Bookmark OS’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Bookmark OS.
- This Terms of Service together with the policies and rules of the Services you choose to access constitute the entire agreement between Bookmark OS and you with respect to the subject matter hereof.
- Any notice or other communication to be given hereunder will be in writing and given (a) by Bookmark OS via email (in each case to the address that you provide), (b) a posting on the Services, or (c) by you via email to email@example.com or to such other addresses as Bookmark OS may specify in writing.
- You must be 13 years or older to use this Service.
- Registration is limited to one account per Member.
- You are responsible for keeping your password secure.
- You are responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Bookmark OS of any unauthorized use of your password.
- You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
Repeat Infringer Policy
Bookmark OS has a policy of terminating the Member accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement under this Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.
RestrictionsYou agree you will not do any of the following while using or accessing the Services:
- Create more than one user account per individual. Using alternate email addresses to create additional user accounts is not permitted.
- Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of copying of any Content.
- Upload, email, otherwise transmit:
- Any Member Submission to which you do not have the lawful right to copy, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission);
- Any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission in necessary; or
- Any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- Upload, email, or otherwise transmit any Member Submission which you know to be, or have reason to believe, is incorrect regarding the association between a celebrity, a product, a brand, entertainment content or a service supposedly used or owned by that celebrity (or any other association);
- Use meta tags or other hidden text or metadata utilizing a Bookmark OS and/or Coolspotters name, trademark, URL, or product name;
- Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes”, or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Upload, email, or otherwise transmit, via the Services, any Member Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Bookmark OS.
- Upload, email, or otherwise transmit any Member Submissions that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any Member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Upload, email or otherwise transmit any Member Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio, or video of any Member Submissions that is unrelated to the immediate, aesthetic nature of the Member Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Services, servers, or networks connected to the Services, or the technical delivery systems of Bookmark OS’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Attempt to probe, scan, or test the vulnerability of any Bookmark OS system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Attempt to access, search, or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Bookmark OS or other generally available third party web browsers (such as Safari, Mozilla Firefox, Opera, or Microsoft Internet Explorer), including without limitation any software that sends queries to the Services to determine how a website or web page ranks;
- Collect or store personal data about other Members without their express permission;
- Impersonate or misrepresent your affiliation with any person, entity, product or brand, through pretexting or some other form of social engineering, or otherwise commit fraud;
- Violate any applicable law, regulation, or ordinance; or
- Use the Services in any manner not permitted by this Agreement.
Termination & Cancellation
- We may terminate or suspend your access to the Services and remove any material (including Member Submissions) from the Services or our servers, in our sole discretion, at any time, for any reason without notice to you.
- Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate.
- We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any Member Submissions.
- We may seek to gather information from a Member or Member who is suspected of violating these Terms of Service (or from any other Member) and you agree to provide us with such information.
- We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any Member Submissions, emails, or other materials that are believed to violate these Terms of Service.
- You may terminate your account at any time and for any reason by either terminating your account directly on the Services or by sending an email to firstname.lastname@example.org
- Any suspension, termination, or cancellation shall not affect your obligations to Bookmark OS under these Terms of Service (including, but not limited to, ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Third Party Links
- The Services and/or the Members of the Services may provide links to third party websites or resources from the Services.
- You acknowledge and agree that Bookmark OS is not responsible or liable for the availability or accuracy of, and Bookmark OS does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources.
- You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.