Terms of Service

Your Rights to Use the Services

You may visit our website at any time, but to use certain features of our Services, you must be at least 18 years of age and create an account by providing your name, email address, other requested information, and a password of your choosing.

If you are an Educator accessing or using the Services, including any student-facing features (“Student-Facing Services”), on behalf of an Educational Institution ("Educational Institution"), you represent and warrant that you have sufficient authority to enter into these Terms on behalf of your Educational Institution. If you make the Student-Facing Services available to students under the age of 13, you represent and warrant that you have obtained all necessary parental or guardian consent to allow Bookji to collect personal information from students solely for educational purposes. You are also responsible for providing any required notices to parents or guardians about the students' use of online tools.

If you are a student under 18 who uses the Student-Facing Services through your Educational Institution, your use of the Services is governed by your Educational Institution's policies, which may include additional rules or restrictions.

Your account is for your personal use only. You may not transfer your account to anyone else or permit others to use your account. You are responsible for safeguarding your password and for any activity or misuse associated with your account due to your failure to protect it.

By agreeing to these Terms and creating an account, Bookji grants you a limited, non-exclusive right to access and use the Services through your account. This right is granted for your personal or professional use as an Educator and continues until either you or we terminate this agreement.

Your Responsibilities When Using Bookji

Bookji is a platform designed to foster a love for reading and provide a safe, engaging environment for students and educators. While we moderate posts and messages for off-topic or inappropriate content, as well as user-entered personal information, and use AI tools to provide feedback in specific cases, users still play an essential role in maintaining a positive, respectful, and safe community.

When Posting and Interacting on Bookji You Agree to:

• Be Respectful: Ensure your posts and interactions with others are kind, inclusive, and respectful. Avoid any language or content that may be offensive, harmful, or disruptive to others.
• Stay On-Topic: Use Bookji to share insights, reviews, and discussions related to books and reading. Off-topic content may be flagged or removed by our moderation tools.
• Protect Privacy: Do not share any personal or sensitive information about yourself or others in your posts, including full names, addresses, contact details, or images containing pictures of you, your classmates, or your students.

AI-Generated Feedback:

• Purpose of Feedback: AI-generated feedback on Bookji is used solely to help users modify posts/messages that have been flagged for inappropriate or off-topic content. The AI suggestions aim to guide users toward posting content that aligns with community standards.
• Limitations of AI: While AI can provide useful suggestions, it is not infallible. AI-generated feedback may occasionally be biased, fictitious, or otherwise inaccurate. Generative AI models synthesize information based on training data, and they are not comprehensive databases of knowledge.

Understanding Limitations of Moderation:

While we strive to maintain a safe and supportive environment, moderation (both manual and AI-driven) is not perfect. If you notice inappropriate content, please report it to help us improve our community.

By using Bookji, you agree to adhere to these responsibilities and help us maintain a positive space for readers and learners.

Prohibited Uses of Bookji

To maintain a safe, supportive, and respectful community, you may not use Bookji in a manner that:

• Infringes or Violates Rights: Infringes upon or violates the intellectual property rights, privacy rights, or any other legal rights of any individual or entity.
• Violates Laws or Policies: Violates applicable laws, regulations, or the policies of your educational institution.
• Harms or Harasses Others: Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, discriminatory, or otherwise objectionable.
• Posts Restricted Content: Violates our community guidelines for publicly accessible areas, such as book posts, forums, or chat areas.
• Misuses Bookji for Commercial Purposes: Uses Bookji to promote or sell products, services, or commercial endeavors unrelated to educational and personal reading purposes.
• Compromises Account Security: Jeopardizes the security of your account or others' accounts, such as sharing your login credentials.
• Attempts to Steal Information: Attempts to gain unauthorized access to another user's password, account, or personal information.
• Threatens System Security: Threatens the security of any computer network or system, including Bookji's, or introduces viruses, malware, or harmful code.
• Overloads or Disrupts Services: Runs processes or scripts that overload Bookji's systems, interfere with its proper functioning, or operate without the user being actively logged in.
• Attempts Unauthorized Access: Decompiles, reverse engineers, or otherwise attempts to access or modify the source code or underlying functionality of Bookji without explicit authorization.
• Uses Unauthorized Automation: Uses any automated system, including but not limited to “robots,” “spiders,” “offline readers,” or similar technologies to access or interact with Bookji, except as explicitly authorized by us.
• Transmits Unsolicited Communications: Transmits spam, chain letters, or other forms of unsolicited or bulk email.

You are fully responsible for your interactions with other users, and we have no liability for your interactions with any other users, or for any users actions or inactions with respect to you.

Data Privacy Protection

At Bookji, protecting your data and privacy is a top priority. To learn more about how we collect, use, and protect your data, please review our Privacy Policy. This policy includes a detailed explanation of:

• The types of information we collect.
• How we use and process your data.
• Your rights with respect to the personal information we handle.

Student and Parent Information

We do NOT collect or process personally identifiable information (PII) of students, parents, or guardians unless you are using Bookji's student-facing features, and your school has entered into a Student Data Privacy Agreement (or similar agreement) with us.

If you are an Educator, parent, or guardian and believe that a child or student has provided Bookji with personally identifiable information without appropriate consent, please notify us at support@gobookji.com, and we will promptly remove the information from our systems.

Compliance with U.S. Data Privacy Laws

For schools and Educational Institutions using Bookji, we comply with applicable U.S. laws, including:

• The Family Educational Rights and Privacy Act (FERPA)
• The Children's Online Privacy Protection Act (COPPA)

Because Bookji provides student-facing services at the direction and control of Educational Institutions, we rely on these institutions to provide consent, as permitted by COPPA, for us to process any personal information related to students.

For questions or requests related to your personal information, please contact support@gobookji.com.

Rights Regarding Use of Content You Provide

By sharing content through Bookji's Services (such as posts, messages, reviews, or other materials), you agree to allow others to view, edit, share, and interact with those contributions in accordance with your settings and this Agreement. You are responsible for ensuring that you have the necessary rights to share such content.

By sharing content, you grant Bookji a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide license to use, copy, modify, distribute, display, and store your content:

• To maintain and provide our Services;
• For improving our products and services and for other business purposes such as data analysis, customer research, developing new products or features, and identifying usage trends; and
• To perform other actions described in our Privacy Policy or as authorized by you in connection with your use of our Services.

For student accounts, content shared within Bookji will only be visible to users within their school or educational institution. This ensures that students' contributions, such as posts, messages, reviews or comments, are not accessible outside their school/account. For non-student users, content may be visible to others within the platform according to general settings.

You represent and warrant that you own or control all rights to your content, and that your content complies with this Agreement.

We reserve the right, but not the obligation, to:

• Remove or refuse to post any content at our sole discretion.
• Take action regarding any content that we believe violates these Terms of Service, infringes on intellectual property rights, or poses a threat to user safety or could create liability for us.
• Disclose your identity to third parties claiming that your content violates their rights.
• Take appropriate legal action, including referring matters to law enforcement for illegal or unauthorized use of our Services.
• Suspend or terminate your access to all or part of the Services, for any reason, including violation of this Agreement.

We cannot review all content before it is shared, and we cannot guarantee the prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding user-provided content.

Termination of Access

You may terminate your use of the Bookji Services at any time by asking your teacher or school administrator to delete your account within the platform. We may terminate your access to the Services at any time with thirty (30) days' prior notice. However, we reserve the right to immediately suspend or terminate your access to the Services without notice for any material breach of these Terms of Service.

Certain provisions of these Terms, including but not limited to those regarding content ownership, liability, and dispute resolution, which by their nature should survive termination, will remain in effect after the termination of your use of the Services.

Links to Third-Party Sites/Third-Party Services:

The Bookji platform may contain links to external websites or third-party services ("Linked Sites"), such as educational resources or videos. Please note that Bookji has no control over the content of these Linked Sites, including any links within them or any changes or updates made to them. The inclusion of these links is solely for your convenience and does not imply endorsement or association with the operators of those sites. Bookji is not responsible for the content, accuracy, or availability of Linked Sites.

Warranty Disclaimer and Limitation of Liability:

Warranty Disclaimer

Given the nature of the platform and services provided, neither Bookji nor its licensors or suppliers make any representations or warranties concerning any content contained in, generated by, or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY BOOKJI (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (SUCH AS OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR RIGHTS OF PERSONALITY), OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BOOKJI (OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOST TIME, LOSS OF DATA, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BOOKJI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Bookji, its officers, directors, employees, agents, and third parties from and against any and all losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your violation of these Terms, including any prohibited use of the Services, or your violation of any intellectual property rights, privacy rights, or rights of personality. Bookji reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bookji in asserting any available defenses.

Acknowledgement for State School Systems

If you are agreeing to these Terms on behalf of a state school or institution, Bookji acknowledges that mandatory state law may limit or supersede certain terms and conditions and agrees that such state law will control over any conflicting provisions of these Terms.

Governing law; mandatory arbitration of disputes:

These Terms shall be governed by the laws of the State of Colorado, without regard to conflicts of laws provisions, save for applicable federal law such as the Federal Arbitration Act.

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and the International Centre for Dispute Resolution in accordance with its applicable Consumer Arbitration Rules (www.adr.org), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, AND ALSO THE RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS ONLY BY A QUALIFIED ARBITRATOR.

The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing unless so ordered by the arbitrator. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notices

Notices to you may be made via either email or by post at the relevant email or postal address provided by you to Bookji from time to time. Bookji may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on Bookji.

Modifications to Services

Bookji reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that Bookji shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. Although Bookji will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and Bookji is under no obligation to update such Content.

Bookji may add, delete, or change some or all of the Services. You are responsible for paying all applicable taxes and for all hardware, software, service, and any other costs you incur to access your account.

Bookji reserves the right, in its sole discretion, to change the Terms of Services under which the Website and Services are offered. The most current version of the Terms of Services will supersede all previous versions. Bookji will notify registered users with valid email addresses, before making any changes. We also encourage you to periodically review the Terms of Services to stay informed of our updates.

Copyrights and Copyright Agents

Bookji respects the rights of artists and content owners. Our policy is to address alleged copyright infringement claims in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement and is accessible via our Services, please notify our designated DMCA agent as outlined below.

To submit a valid DMCA notice, you must provide the following information in writing:

1. Signature: An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed.
3. Identification of the infringing material: A description of the material you believe infringes your copyright and where it is located on our Services.
4. Contact information: Sufficient information to allow us to contact you, including your address, telephone number, and email address.
5. Good faith statement: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. Accuracy and authority statement: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Please send the above information to:

Attn: DMCA Notice

Legal Department

Email: support@gobookji.com

Important: Under federal law, if you knowingly misrepresent that material on our Services is infringing, you may face criminal prosecution for perjury and civil penalties, including damages, court costs, and attorneys' fees.

This procedure is intended exclusively for notifying us of copyright infringement. The above information fulfills our obligations under the DMCA but does not constitute legal advice. If you are unsure of your rights or obligations under the DMCA or other applicable laws, we recommend consulting an attorney.

Contact

If you would like to contact us with questions or feedback, please contact us at:

Bookji, Inc.

Will Peters

support@gobookji.com

125 Cortina, Suite #3, Mountain Village, Colorado 81435

State of Connecticut schools

For school districts and schools within the State of Connecticut, the following document is attached by reference as an addendum to this Terms of Service: https://www.gobookji.com/state-of-ct-addendum