Bookwise Legal Statements, Terms & Conditions
dot Book Ltd
Contents
1.0 Agreement
The Statements, Terms & Conditions in this document (asserted generally as “Terms”, “Agreement”) apply to the use of any or all dotBook and/or Bookwise services, content and/or brand by any third parties.
By engaging with Bookwise, by accessing our services and/or content, you (and/or any other third party doing so) agree to the Terms in this document.
See also Bookwise Privacy Policy for Bookwise policies regarding privacy and user data.
2.0 Definitions
dotBook Ltd and its affiliates (asserted as “dotBook”, “the company”, “we”, “us”, “our”), provide services and content to third parties (asserted as “users”, “you”, “your”, “them”, “their”), especially through a digital system available via Bookwise.io (any and all of which is asserted using the following terms: “Bookwise”, “Bookwise.io”, “software”, “product”, “service”, “website”, “app”, “publishing platform”).
dotBook, and Bookwise, exist to enable and encourage the enjoyment of reading. The way Bookwise is described, the way it looks, the graphics it uses (including the Bookwise logo), and the messages it uses are asserted in this document as the “brand”.
Bookwise provides access to reading materials. For the purpose of this document (not the most interesting document you will find on Bookwise), these reading materials are referred to variously as “content”, “works”, “books”, “documents”, “stories”, and other words that really should be clear enough for you to get the gist.
3.0 Terms regarding use of our services and software
Upon accessing our services, dotBook grants the user a limited, revocable, non-exclusive, non-transferable license to make non-commercial use of those services. Services are provided on an ‘as is’ basis, and dotBook can accept no responsibility for any perceived failings or shortcomings of those services, including but not limited to: downtime, inaccessibility, lack of capability, unfitness for purpose, etc. We really like what we provide, but if you don’t, we’re sorry about that.
When using our services, users agree to the following:
- Users will not provide inaccurate information to gain access to services or content.
- Users will not access or attempt to gain access to data or materials that are not intended for them, or accessible to them using the provided ‘as is’ front end user interface. They will not use or create any other means of access to the service, except for the provided ‘as is’ front end user interface.
- Users will not copy, rent, lease, sell, distribute, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter, reuse or repurpose, any part of the brand, its technology, its methodologies, or its services, including but not limited to, translating or creating derivative works, or incorporating elements into any other system, without the express permission of Bookwise.
- Users will not use our services for any commercial gain, without our express agreement.
- Users will not use our services in any way that is not legal, or forms a part of any kind of illegal activity, either according to the jurisdiction of law governing the user, or by the jurisdiction of law governing the dotBook Ltd legal entity.
- Users will not intentionally access any content which they believe may violate any law or regulation, or any right of any person, including but not limited to: intellectual property rights, laws of copyright, laws of censorship, laws relating to human rights, laws relating to non-disclosure, rights of privacy, rights of data protection.
- If a user accesses any content which they believe may fall into any category listed in the preceding point, they will immediately withdraw from such content and cease to access it from that point on. They will not in any way share or publicise that content, or provide links or suggestions as to how that content might be accessed to anyone except dotBook. If they are able to do so, they will inform dotBook of the presence of that content (using the email address thelibrarian@bookwise.io).
- Users (or their technologies) will not access or use the Bookwise service in any way which may impact the stability of that service, including but not limited to: data mining, robots, crawling, scraping, scanning, content gathering or extraction, or any techniques which send traffic to the service which is not a human being accessing the service and/or content in good faith.
- Users will not appropriate or imitate the Bookwise name, brand, technology, interface, layout or content without the express permission of dotBook. There is one exception to this: We positively encourage you to tell people about our services and to encourage reading everywhere. For that purpose, please feel free to use our logo and our message, and to link to us, when you tell people about Bookwise and the good things reading brings.
4.0 Terms regarding our intellectual property
Bookwise, and the original technology used to provide its services, are to be considered the Intellectual Property of dotBook Ltd, and as such are protected by UK law - they must not be copied, imitated, or passed off as anything other than the property of dotBook. Accessing Bookwise services indicates your agreement that the following are copyright, and thereby the inviolable Intellectual Property of dotBook Ltd:
- The code used in Bookwise apps, websites, or any other digital services - is copyright dotBook. This includes but is not limited to original code written by dotBook in HTML, CSS, JavaScript, JSON, or dot Book languages.
- The underlying markup language developed by dotBook Ltd (asserted in this document as “dot Book”, “markup”, “digital book storage”, “conversion methodology”) - is copyright dotBook. This is an original invention by dotBook Ltd, used on Bookwise services, and we assert our origination and ownership of that technology.
- The design and layout of any published work (asserted as an “edition”) on the Bookwise platform - is copyright dotBook. (Note: the written content of that work may or may not be copyright Bookwise - see the sections on “copyright protected” works for further details.)
5.0 Terms regarding content on the platform
5.1 Terms regarding “out of copyright” / “public domain” works
In some cases, works published on the platform are believed to be out of copyright in at least one country (asserted as “out of copyright”, “in the public domain”). In those cases, all users accept the following responsibility: they will only access any given work if that work is out of copyright in their country of residence.
As a non-authoritative guide, the countries in which a text is believed to be out of copyright are listed in the Copyright Notice for that work. This information is not guaranteed to be correct, and nor can dotBook be held responsible for its validity. It is your responsibility to check if you are not sure. Copyright law is complex, and subject to change, and variable from country to country - and this becomes more complicated since the Internet is inherently accessible from anywhere in the world. Inviolable systems which fully prevent access to Internet content from certain locations are beyond the remit of dotBook and/or Bookwise. We will not pretend that we can guarantee where our users are located, or where is there country of residence, because such information can be spoofed or presented falsely or mistakenly using publicly accessible software and systems. For this reason, the responsibility to access “out of copyright” texts only if they are out of copyright in your location - must rest with you, not Bookwise.
Here is an example of the sort of Copyright Notice you may find here, accessible below the titlepage for the work:
Bookwise exists to encourage reading—by making reading online an accessible, distraction-free and beautiful experience. Some of the books you’ll find here are classic texts which are considered to be held in the Public Domain, their copyright having expired. Copyright law is complex and varies from country to country, and the application of country-specific laws to a global Internet website is especially complex. Our intention is to provide access to great books without breaking any laws. To that end, here is a guide to the copyright status of this book.
- Title: Jane Eyre (first published 1847)
- Author: Charlotte Brontë (died 1855)
From this we can conclude:
- The work was published at least 95 years ago.
- There was no living author for this work at least 70 years ago.
On this basis, the work is believed to be out of copyright and held in the Public Domain in the following countries:
U.S.A. - Canada - Australia - New Zealand - United Kingdom - France - Germany - Spain - India - Hong Kong - Singapore - and many others
This information should be considered as a guide, not an authoritative statement of law. It is your responsibility to check whether you should not access this work in your location.
This edition is published by dotBook Ltd, and elements of this publication may still be copyright and should not be copied or reproduced without permission.
For further information, please see our Terms & Conditions.
5.2 Terms regarding copyright protected works published on Bookwise
Some texts found on Bookwise are copyright protected by a third party. In some cases they are published exclusively on Bookwise, and in other cases they are published non-exclusively.
Bookwise provides a system for contributing content to the service (a “publishing platform”). This is provided for - and only for - legal publication of materials where the publisher holds copyright for that work, or has been provided the legal right to publish that work on Bookwise. For instance, if a user writes a work and holds the copyright to that work, they may publish it on Bookwise (referred to as “self-publishing”). In all cases where a contirbutor publishes a work on Bookwise, that contributor acknowledges their rols as the publisher of that work, and accepts any and all legal liabilities arising from that publication.
Therefore, dotBook is not necessarily the originator of any work or the publisher of any content on Bookwise. By using the Bookwise service, and by accessing content on Bookwise, all third parties and users accept that dotBook cannot be held liable for any believed or actual breach of copyright, or violation of any law or regulation or any right of any person.
dotBook respects the intellectual property of others. If you believe that your (or someone else’s) copyrighted materials have been copied in a way that constitutes copyright infringement on our service, please contact thelibrarian@bookwise.io.
Copyright holders are able to request that their works are removed from the Bookwise platform within 5 working days of their submission of a notification by email to thelibrarian@bookwise.io, including reference to the material believed to be in breach of copyright, and clear evidence of the copyright status of that material.
dotBook reserves the right to change, terminate or restrict access to any content on Bookwise, at any time, and without notice.
For some texts, dotBook, or an author represented by dotBook, is the copyright holder. In those cases, the author of the work asserts their right to be identified as such, in accordance with the Copyright, Designs and Patents Act UK 1988.
Here is an example of a copyright statement which you may find in the Backmatter of texts on Bookwise, accessible from that work’s Contents panel, or from the Menu, or by scrolling down to the bottom of the work:
This work is copyright Richard Neville, 2021.
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including storage in a retrieval system (including any other website), copying, republishing, recording, or by using any other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
6.0 Disclaimer of Warranty and Limitation of Liability
Bookwise software and services are provided ‘as is’ without any warranty of any kind, except to the extent required by applicable law, dotBook disclaims all warranties, representations, conditions, and duties, whether express or implied, regarding the Bookwise software and any Bookwise services, including, without limitation, any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, and non-infringement of third-party rights. further, dotBook disclaims any warranty that your use of the Bookwise software and/or services will be uninterrupted, secure, timely or error free. in the event of any interruption of the Bookwise software and/or services, dotBook’s sole responsibility shall be to use commercially reasonable efforts to correct the interruption. For the avoidance of doubt, you acknowledge and agree that these terms do not entitle you and/or end users to any support for the Bookwise software and/or services. no advice or information, whether oral or in writing, obtained by you from Bookwise will create any warranty not expressly stated in these terms.
You agree that dotBook shall have no liability arising from or related to your access to and/or use of the Bookwise software (or dotBook’s suspension or termination of such access and/or use) regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, and except for bodily injury, in no event shall dotBook or its subsidiaries, affiliates, officers, agents, employees and suppliers be liable to you or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Bookwise software, even if dotBook has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. dotBook’s maximum aggregate liability arising in connection with these terms shall not, in any event, exceed any amounts received under these terms.
7.0 No other license
Except as expressly set forth in this Agreement, no license is granted and none shall be deemed granted by implication, estoppel or otherwise.
Our Terms are intended to ensure that everyone who uses Bookwise has a good time, without upsetting anyone else or breaking any laws.
8.0 Contact dotBook
All questions concerning these Terms, Services, Software and/or Content shall be directed to: dotBook Ltd, 7 Elmhurst Avenue, London N2 0LT, or by email to thelibrarian@bookwise.io.