Privacy Policy & BibsBooks Application Terms of Service

Who we are

Our website address is: http://bibsbooks.com/.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/.

After approval of your comment, your Gravatar profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

When visitors use contact forms on the site we collect the data shown in the contact form, and also the visitor’s IP address and browser user agent string to help spam detection.

Cookies

If you leave a comment or use a contact form on our site you may opt-in to saving your name, email address, other information provided and website in cookies. These are for your convenience so that you do not have to fill in your details again. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

We will not sell your data to third parties.

How long we retain your data

If you leave a comment or use a contact form, the information and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up contact automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments and contact forms may be checked through an automated spam detection service.

BibsBooks Application Terms of Service

1. Scope of this Agreement

1.1 BibsBooks grants to the Customer a non-exclusive, non-transferable, personal license to use the Software at the Location for the number of servers or end users specified.

If the Customer proceeds to use the Software, the Customer agrees that it has accepted the terms of this Agreement.

This license to use the Software shall terminate if the Customer no longer takes Maintenance and/ or Support services (such as if termination occurs pursuant to Clause 2.2 below).

1.2 BibsBooks undertakes to install the Software. BibsBooks will provide Maintenance and/ or Support for as long as the Customer pays for the Maintenance and/ or Support.

1.3 Except as expressly agreed, the Customer will not rent, lease, sub-license the Software, Third-Party Software or Products, nor distribute the Software or Third Party Software to any third party.

1.4 BibsBooks shall have no liability for the repair of defects relating to the Products and/ or Third-Party Software, and the Customer’s right in respect of any such defect shall be limited to the relevant manufacturers’ warranties.

1.5 The Software may be subject to security measures to protect BibsBooks’ rights, such as in the event of non-payment.

2. Maintenance and Support

2.1 Unless as expressly agreed, BibsBooks does not provide Maintenance and/ or Support for Third-Party Software or the Products.

2.2 The annual Maintenance and/ or Support service will automatically renew for successive twelve (12) month terms on each anniversary of this Agreement unless either party has first-served prior written notice of termination on the other party, such notice to expire on the relevant anniversary date. This clause 2.2 is without prejudice to the other rights of termination set out in this Agreement.

2.3 The Customer undertakes to upgrade to the current version of the Software within twelve (12) months after delivery by BibsBooks.

3. Training and Professional Services

The Customer may order training and/or professional services with the Software, in which case all training and/or professional services days must be taken within 12 months of the date of their order.

4. Charges

4.1 The Customer shall pay all invoices within 30 days of their date. BibsBooks shall invoice the Customer in advance. BibsBooks reserves the right to charge interest at 4% above LIBOR on all outstanding amounts.

4.2 BibsBooks reserves the right to increase its charges.

4.3 Notwithstanding any other rights under this Agreement, BibsBooks may suspend or terminate the performance of its obligations under this Agreement where the Customer is in default of payment.

4.4 All charges are given exclusive of taxes, which will be added at the rate and in the manner prescribed by law.

5. Customer Responsibilities

5.1 It is the Customer’s responsibility to ensure that Equipment is compatible with the Software, any Third Party Software and Products.

5.2 The Customer will allow reasonable physical and systems access to its Location and Equipment to enable BibsBooks to install the Software and to provide Maintenance and Support. BibsBooks support engineers may need network logins for the Software being used on the Equipment with administration rights.

5.3 The Customer agrees to use the Software in accordance with all operating instructions and agreed procedures and not to change its configuration without the approval of BibsBooks.

5.4 The Customer will not alter or modify the Software, transfer the Software from the Location, combine or incorporate it in other programs, or decompile or disassemble the object code version of the Software.

5.5 The Customer will keep full security copies of all data processed by the Software. BibsBooks will not be liable for any loss of data.

5.6 If BibsBooks cannot reproduce a logged fault, the Customer will assist in providing remote access to the PC and or Server to further investigate the fault.

5.7 BibsBooks does not give professional advice. BibsBooks is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

6. Warranties

6.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIBSBOOKS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. BIBSBOOKS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

6.2 BIBSBOOKS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

7. Confidentiality

7.1 Both parties shall use all reasonable endeavours to ensure that all information received from the other party is not disclosed to any third party and is not used for any purpose other than in the proper performance of obligations hereunder.

7.2 Information belonging to the other party may be disclosed or used (as appropriate) by a party without the consent of that other (the disclosing party) if: it is now or subsequently becomes publicly known to that party through no wrongful act by that party; or if it is at the time of disclosure already known by the party to whom disclosure is made; or it is required to be disclosed by either party by an order of law or other binding regulation; or it is to be disclosed to the professional advisors of that party where the principle of client confidentiality would prevent the further release of that disclosed information by the advisor concerned.

7.3 The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding expiry or termination of this Agreement.

8. Intellectual Property

Customer acknowledges that BibsBooks and its licensors, own the intellectual property rights to the Software, the Third-Party Software and the Products as appropriate.

9. Termination of Agreement

9.1 In addition to the right of termination at clause 4.3 above, BibsBooks may terminate this Agreement in the event that the Customer is in material breach of any of its obligations under this Agreement and, in the event that the breach or failure is remediable, the Customer has failed to remedy that breach with 30 days’ written notice of such breach.

9.2 BibsBooks may terminate this Agreement immediately if the Customer is insolvent or bankrupt, or seeks protection from its creditors, or if a petition is filed in any court to declare its bankruptcy or re-organisation and is not dismissed within thirty (30) days.

9.3 Upon termination of the Agreement, all outstanding fees are immediately due and payable, and all rights to use the Software will be immediately revoked.

10. LIMITATION OF LIABILITY AND INDEMNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BIBSBOOKS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BIBSBOOKS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BIBSBOOKS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BIBSBOOKS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BIBSBOOKS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold BibsBooks and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). BibsBooks reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BibsBooks in the defense of any Claims.

11. Force Majeure

Neither party shall be liable to the other for any failure to perform or delay in performance of its obligations hereunder, other than an obligation to pay monies, caused by any event or circumstance whatsoever beyond its reasonable control including (without limitation) (1) Act of God (2) outbreak of hostilities, riot, civil disturbance acts of terrorism (3) the act of any government or authority (including, revocation of any license or consent) (4) fire, explosion, flood, fog or bad weather (5) default of suppliers or sub-contractors (6) theft, malicious damage, strike, lock-out or industrial action of any kind. If a party is prevented from performing its obligations by an event of force majeure which continues for more than 30 days then either party may terminate this Agreement at any time thereafter on giving written notice to the other party.

12. Liability

12.1 Either party’s liability to the other shall be unlimited in respect of:
(a) death or personal injury;
(b) such liability which cannot be excluded or limited by law (such as fraudulent misrepresentation);
(c) infringement of intellectual property rights (save in relation to the indemnity in Clause 10.2 above).
The rest of this Section 12 shall be subject to this Clause 12.1.

12.2 Except as set out in Clause 12.1, BibsBooks shall not in any circumstances be liable in contract, tort or otherwise, whether direct or indirect, for loss of profits, business or anticipated savings, or for any indirect or consequential loss, howsoever caused or arising. Nor shall BibsBooks be liable for any loss of data or for the costs of recovering any lost data.

12.3 Subject to Clauses 12.1 and 12.2 above, BibsBooks’ liability in respect of breach of contract, tort, negligence, breach of statutory duty or howsoever arising shall be limited to a sum equivalent to the Charges paid by the Customer pursuant to the Agreement during the twelve month period preceding such incident.

13. U.S. Government

The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs c(1) and (2) of the Commercial Computer Software Restricted Rights at 48 C.F.R. 52.227- 19 as applicable.

14. General

14.1 BibsBooks may audit Customers to ensure compliance with this Agreement, the Customer providing reasonable access.

14.2 Each party acknowledges that it has entered into this Agreement in reliance only upon the representations, warranties, and promises specifically contained or incorporated in this Agreement and, save as expressly set out in this Agreement, each party shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Agreement unless it was made fraudulently.

14.3 BibsBooks may assign the benefit of this Agreement and its right and obligations hereunder.

The Customer may not assign, charge (otherwise than by floating charge) or dispose of any of its rights hereunder, or sub contract or otherwise delegate any of its obligations hereunder, without the prior written consent of BibsBooks.

14.4 Only parties to this Agreement may enforce its terms.

14.5 The construction, validity and performance of this Agreement shall be governed by and construed in accordance with laws of the United States of America and the parties hereby submit to the exclusive jurisdiction of the United States of America, state of Kentucky courts.