The Booklinker Terms of Service

These Terms of Service are your legal agreement with GeoRiot Networks Inc. d.b.a Geniuslink ("GeoRiot") to use the Booklinker Service -- our link optimization and management service ("Services"). The Booklinker Service includes the information, software, products, and services contained in or available through our public website and Dashboard, https://booklinker.net ("Site"). These Terms of Service govern your use of the Booklinker Services, including when you use our tools to build or edit links, enter information into our Site such as your affiliate tokens, post or maintain specialized links, create or review reports from our Site, or browse or click on links.

Your use of the Booklinker Service constitutes your agreement to all the terms, conditions, and notices contained in these Terms of Service and our Privacy Policy. These Terms of Service include the General Data Protection Regulation Data Processing Addendum (the "GDPR Addendum") below. Please be sure to review the liability disclaimer and the binding arbitration provision. Both of these may affect your rights. To agree to these Terms of Service, check the "I agree" box when creating a link. If you do not agree to these terms, or if you are not at least 18 years old, do not check "I agree," and do not use Booklinker's Site or Service. GeoRiot reserves the right to amend these Terms of Service. See "Modification of these Terms of Service" below.

For a complete description of the features of the Booklinker service, and to sign up, go to http://www.booklinker.net.

Booklinker Services

Booklinker is a link management service that you can use any time you place a link in Your Digital Property. "Your Digital Property" includes your website or other online property. The Booklinker service provides a specialized link, called a "Booklinker Link" to replace any link in Your Digital Property that you specify. Once you use a Booklinker Link in place of your original link, the Booklinker Link may route users who click on it ("Buyers") to the intended, or most relevant, item in the storefront that is most appropriate based on the Buyer's location. (Note: we refer to our links as "Booklinker Link" even though they may use a different domains, such as myBook.to, viewBook.at, getBook.at, viewAuthor.at, and Author.to.)

The Booklinker Service processes the following information when an individual consumer clicks a Booklinker Link. Information identifying and describing the Device used for the transaction ("Device Data").

  • Information identifying the device, operating system and browser used by the Device for the Transaction ("User Agent Information").

  • The Internet Protocol ("IP") address of the Device used for the Transaction, which allows identification of the logical and to some extent geographical location of the Device used in the Transaction ("Location Data").

  • The URL of the Client's Digital Property on which the originating Booklinker Link is sited ("Client URL").

  • Product identification information for Books via the Booklinker Link the Device was used to click ("Product Information").

The Booklinker Link may also incorporate the appropriate affiliate information for your link if you have provided the applicable affiliate parameters in the Site.

Your Data Controller Obligations (European Union and Switzerland Personal Data)

The European Union ("EU") and Switzerland enforce specific requirements for the processing of "Personal Data." These requirements may apply to information collected by Booklinker through Your Digital Property which is collected from accounts originating from Switzerland or any member state of the EU.

"Personal Data" for this purpose includes means any information relating to an identified or identifiable natural person. A natural person is identifiable if they can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

None of the information collected by a Booklinker Link in itself specifically identifies any specific individual Buyer. However, it may be possible to use some of this information in combination with information from other sources to identify individual Buyers. For this reason, as stated in our Privacy Policy, as a matter of due diligence and prudence GeoRiot has specified that if such information, called "Potential Personal Information," is collected from Switzerland or any member state of the EU, GeoRiot will administer it consistently with the US-Switzerland or US-EU Privacy Shield (as applicable) and the EU General Data Processing Regulation ("GDPR"), as provided in the Privacy Policy.

You share responsibility for compliance with the GDPR and other applicable EU and EU member state and Swiss data protection laws which apply to Personal Data included in Potential Personal Information collected from Switzerland or any EU member state. Because you determine whether and where to implement Booklinker Links on Your Digital Properties, and you determine the purpose(s) for which the information collected by Booklinker Links will be used (e.g., available storefronts, support for commissions, etc.), and because all information so collected is processed for your benefit by GeoRiot under the terms of these Terms of Service, you are a "Data Controller" with respect to such information. In turn, GeoRiot is a "Data Processor" on your behalf with respect to the collection and processing of such information, and a joint Data Controller with respect to GeoRiot's retention of such information.

You therefore agree that you shall be responsible for providing appropriate notice to individual users of Your Digital Properties of your implementation of Booklinker Links, and their rights and responsibilities under EU Data Protection Laws, including but not limited to the GDPR. Your further agreements regarding EU Data Protection Laws are set forth in the GDPR Addendum, below , which you agree to by accepting these terms and conditions. You further agree that, as specified in the Privacy Policy, you will not attempt to combine Personal Data from other sources with Potential Personal Information without notification to affected individuals and their opt-in consent in accordance with the NAI Code of Conduct.

Links

If your account is closed for more than 45 days, we may reassign your Booklinker Link. We may also reassign your Booklinker Link (1) with your consent, (2) if your Booklinker link has failed to yield at least 30 organic clicks (i.e., non-junk clicks) per month for three consecutive months, or (3) we have marked your account as a Terms of Use violator.

Term; Termination and Renewal.

Subject to amendment as provided below, these Terms of Service will remain in full force and effect while you use the Booklinker Service. You may terminate your subscription/account at any time. Your subscription will renew automatically until it is terminated. You may terminate your Booklinker Service subscription by contacting Customer Service at admin@booklinker.net. We may terminate your subscription/account at any time upon notice to you, however, if we deem your account to be violating our Terms of Service we may terminate your subscription/account without notice to you.

Most client concerns can be resolved quickly and to the client's satisfaction by emailing the Booklinker team at admin@booklinker.net or calling us, and leaving a message, at 408.384.8165 during normal business hours in the UTC-8 (West Coast) time zone.

Effect of Termination

Upon termination of your account for any reason, the Booklinker Service may immediately stop serving your affiliate tracking code but we may continue to redirect clicks with the BookLinker Services's default affiliate parameter. In such cases, we may receive any affiliate program revenue associated with your links until you delete or modify the Booklinker links on Your Digital Property. Upon termination of your Booklinker account, your right to use the service will terminate, but obligations that arose before termination that by their nature should continue, will continue (e.g., confidentiality covenant, indemnification obligations, disclaimers, liability limitations).

Failure to Provide Affiliate Parameters

When you sign up for the Booklinker Service you are able, but not required, to provide your parameters for the relevant Amazon affiliate programs (e.g., an affiliate tracking ID) via the "Account" page on the Site (found at https://www.booklinker.net/myaccount.php). Until you have provided us with the means to associate your links with the proper affiliate program, you will not receive any commissions, payments, credit, or other benefits from these affiliate programs. The same goes for countries or affiliate programs that you do not support. In such cases GeoRiot will receive any affiliate program revenue associated with your links. Please take note that affiliate parameters already embedded in your links that are converted to Booklinker links may not automatically transfer during the link redirection, regardless of the affiliate program or link. You must supply your affiliate parameters via the "Account" page in the Site to ensure you receive credit for them. Contact the Booklinker Team if you have questions about the affiliation of a link not specifically supported by the Booklinker services.

Up Time

We strive to meet industry uptime standards, and to date has had over 99.99% uptime, but we cannot guarantee that the Booklinker Service, the Site, or the Dashboard will be accessible and available at all times. If having a specific uptime guarantee is important to your business, please contact us to enter into a separate agreement.

Our goal is 100% uptime; however, from time to time, we may need to suspend service for system upgrades and maintenance. Except in unusual cases, we will give 24 hours advance notice of any planned system downtime.

We will not be liable for lost clicks due to Site access or the Service being interrupted. We will work to restore services as quickly as we can, but we make no guarantees as to how quickly we will be able to restore services since it depends on many factors. Further, we may require action from you to restore service and you are requested to comply as quickly as possible.

Similarly GeoRiot is not liable and cannot be held accountable for issues or errors in regards to the affiliate networks' or advertisers' handling of clicks or links.

Usage Rules

Under these Terms of Service, you agree to the Usage Rules below.

  • You will not conduct email traffic on your site that violates applicable law. You will not use the Booklinker Services for fraudulent purposes. This includes, but is not limited to, affiliate cookie stuffing. All traffic sent through the Booklinker services must originate from an organic click and not be forced.

  • Outside of limited testing, you will not modify headers or IP addresses when sending links to the Booklinker Service. This includes, but is not limited to, forging or spoofing request or client headers or IP addresses. You will not modify Booklinker Links or parameters for fraudulent purposes.

  • You will not attempt to exploit our system or Service in any way including but not limited to hacking or SQL injections.

  • You will not, directly or indirectly, decompile, disassemble or reverse engineer or attempt to discover the source code of, or facilitate, enable, cause, or allow any third party to decompile, disassemble or reverse engineer or attempt to discover the source code of, the Site or other components of our Service.

  • You will not intentionally disrupt or impede access to the Booklinker Service or any website, service or other digital property of our clients.

  • You will not impersonate anyone or any entity.

  • You will not transfer personal information, Personal Data or personally identifiable information about individuals ("PII") collected by or from Your Digital Property to the Site, or otherwise transfer or transmit PII to GeoRiot other than your own.

  • You will not attempt to combine Potential Personal Information with PII from any other sources, and you will use, process and further disclose any Potential Personal Information only in compliance with applicable law and the Privacy Policy.

If we believe your account is associated with the aforementioned practices, at our discretion we may terminate your account and change the destination of all your Booklinker links. You will not be eligible to sign up again for an account with Booklinker.

You are permitted to route the click through internal/external means on Your Digital Property before sending it through the Booklinker Service. This includes using an internal redirect/proxy for analytics gathering or to keep URLs clean inside Your Digital Properties. This also includes using an external redirect/proxy such as Bit.ly. You are also permitted to override the "hover text" or the browser's status bar text of the Booklinker Link that replaces your link. When modifying either the status bar or hover property, the text shown must be the approximate final destination of the URL being modified or relevant information about the URL's final destination.

You represent (and will ensure) that all of Your Properties, and all your services and activities using Your Properties, which make use of the Site or the Services, comply with all applicable laws and regulations. You represent to GeoRiot that you are aware of the laws that apply to Your Property, in all nations, states or other jurisdictions in which you do business using Your Property ("Your Applicable Law"), and you acknowledge that GeoRiot relies upon you to comply with all such laws. In particular, and without limitation, such laws may include:

  • If Your Property is used to do business in the United States ("US"), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 ("CAN-SPAM Act"); the Federal Trade Commission's prohibitions on unfair, deceptive or fraudulent practices, and guidelines for disclosures to consumers; the Restore Online Shoppers Confidence Act; the Children's Online Privacy Protection Act ("COPPA"); any applicable regulations of the Federal Communications Commission ("FCC"); and any federal or state requirements for the protection and use of PII.

  • If you receive any Potential Personal Information from any EU member state or from Switzerland to the US for any purpose, you will comply with all applicable EU Data Protection Laws.

  • If Your Digital Property transfers PII from any other nation or other jurisdiction, the laws and regulations of that jurisdiction which apply to the use and operation of Your Digital Property in that jurisdiction, including but not limited to laws and regulations concerning the collection, use, processing, storage and disclosure of PII.

You represent (and will ensure) that Your Digital Property includes any services, functions, disclosures, notices or other applications or documentation required by, and is administered in accordance with, any developer, ecommerce, app store or other program license or other program requirements which apply due to Your Digital Property's participation in or use of any third party's website, application programming interface ("API"), software or service which supports or enables Your Digital Property ("Your Platform Obligations").

You represent that:

  • You have published and will maintain any notice to individuals, users, consumers or other parties that is required for Your Digital Property under Your Applicable Law or Your Platform Obligations, and will administer and maintain Your Property as required in any such notice. This includes but is not limited to the disclosure statement for affiliates using the Amazon program and any and all notices required by any EU Data Protection Law.

  • You will obtain and will maintain records of any individual authorizations or consents required for Your Digital Property under Your Applicable Law or Your Platform Obligations, and will administer and maintain PII you collect and Your Digital Property subject to any limitations in such authorization or consent and in compliance with any applicable law, including but not limited to any EU Data Protection Law, and the NAI Code of Conduct if applicable.

  • You have obtained and will maintain any governmental approvals, licenses, consents or authorizations required for Your Digital Property under Your Applicable Law or Your Platform Obligations and, will administer and maintain Your Digital Property as required by any such approval, license, consent or authorization.

  • You have obtained and will maintain any license, approval, consent or agreement required for use of any proprietary information or intellectual property which constitutes any portion of or is used in connection with use of the Booklinker Service.

  • You will only use the Booklinker Service in compliance with Your Applicable Law and Your Platform Obligations, and subject to your representations under these Terms of Service.

NAI Code of Conduct

You will use commercially reasonable efforts to comply with the Network Advertising Initiative Code of Conduct rules applicable to your business. In particular, without obtaining the applicable individual's opt-in consent, you will not attempt to merge any Potential Personal Information or PII with any other information received from us or collected across web domains owned or operated by different entities.

Excusable Delay

Neither of us will be deemed to be in default of, or to have breached, any provision of these Terms of Service as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of nature, such as fires, earthquakes and other catastrophes, acts of civil or military authorities, downed nodes (outside of their control), civil disturbance, work stoppages, terrorism, wars, alien or zombie invasions, and other unforeseeable events that are not the direct or indirect fault of either party (collectively, "Force Majeure Events"). In any such case, the affected party will use commercially reasonable efforts to work around the Force Majeure Event and mitigate any impacts of any delay or failure in performance or interruption of service. The delay or failure in performance or interruption of service must be without the fault or negligence of the party claiming excusable delay, and the party claiming excusable delay must promptly notify the other party of the delay. For avoidance of doubt, a Force Majeure Event does not relieve a party of a payment obligation that accrued before the Force Majeure Event.

DISCLAIMERS AND WARRANTY

We do not guarantee an improvement in your sales, revenue, number of clicks, commissions, orders, earnings per click, or conversion rate as a result of using the Service or working with us.

We have no control over advertisers, affiliate networks, or affiliate programs. Using the Booklinker Service does not mean that you have been admitted into any affiliate program or affiliate network. We are not liable and cannot be held accountable for issues or errors relating to how an affiliate network or advertiser handles clicks or links.

You agree to immediately alert us if you are denied or removed from any affiliate program related to the Booklinker Service.

The Booklinker Service is provided "as is" without any warranty of any kind, express or implied, and we disclaim all warranties of merchantability, fitness for a particular purpose, or for non-infringement. We do not guarantee or promise that the Booklinker Service will be secure, accurate, timely, error free, or will accomplish any particular results.

You are solely responsible for building your links correctly and for configuring your account via the Site. We strongly encourage you to regularly test your links. We are not responsible for, and disclaim any warranty for your links or for using our tools on Your Digital Properties.

Using the Booklinker Service is at your own risk, is your responsibility, and you are solely responsible for any damages that you cause us, yourself or any third party. We are not responsible and disclaims any warranty for misuse of our Booklinker Service by any third party. It is your duty, and you are hereby advised that you should verify any and all information that you provide to us for its integrity and accuracy since we are not liable for any omissions or other defects. We are not liable for any decision, in whole or in part, that you make from using analytics that we provide to you.

LIMITATION OF LIABILITY

Important: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY. This remains the case even if we or any of our suppliers have been advised of the possibility of damages. This disclaimer includes, without limitation, damages for any of the following:

  • For the loss of use, data, or profits, in any way connected with the use or performance of our service;

  • For the delay or inability to use our service;

  • For the provision of or failure to provide services; or

  • For any information, software, products, services, and related graphics obtained through the use of our service.

This provision is not intended to disclaim liability for our intentional or grossly negligent conduct.

This limitation may not apply to you if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.

If you are dissatisfied with any portion or aspect of the Booklinker Service or with any of these Terms of Service, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below. You must also immediately discontinue using the Booklinker Service if you are dissatisfied.

Important: Our maximum liability to you will be the amount of subscription fees and other charges you have paid us within the relevant statute of limitation, unless that amount is increased by any relevant statutory multiplier or penalty.

Below you will find a Binding Arbitration section, which deals with the availability of damages. If there is any conflict between the above "Disclaimers and Warranty" section on the one hand and the Binding Arbitration section below on the other hand, the Binding Arbitration section will govern.

For jurisdictions that restrict our ability to limit our liability: Notwithstanding any provision of these Terms of Service, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the greatest extent allowed by law.

If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Explanation: Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which

(1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and

(2) had he or she known it at the time, they might not have agreed to sign the release.

YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU. If you are a resident of some other state or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.

Indemnification

You agree that you will be responsible if any third party (someone other than you or us) makes any claim against us because of your use of the Booklinker Service. Specifically, you agree to release, indemnify, defend and hold GeoRiot Networks, Inc. and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorney fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to: (a) your use of the Booklinker Service or the Site, (b) any information you submit to the Booklinker Service, (c) taxes that you owe or are alleged that you owe, (d) your violation of these Terms of Service, or (e) your violation of any rights of another, including but not limited to any unauthorized use of a payment card, or collection, use, storage, processing or disclosure of Personal Data or PII. This further includes, to the greatest extent permitted by applicable law, indemnification with respect to expenses of investigations and actions by regulatory agencies and bodies, and monetary penalties if permitted.

Intellectual Property Rights

All contents of our Site are copyright © 2018 GeoRiot Networks, Inc. and/or its suppliers, affiliates and partners, all rights reserved. Except as expressly authorized by GeoRiot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Site or the Booklinker Service in whole or in part. In connection with your use of the Booklinker Service, you will not use any data mining, scraping, robots, or similar data gathering or extraction methods. Any use of the Booklinker Service or our content other than as specifically authorized herein is strictly prohibited. The technology and software underlying our Site and the Booklinker Service, or distributed in connection with it (the "Software") is our property or property of our affiliates or partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted to others here remain the rights of GeoRiot.

GeoRiot's License

GeoRiot hereby grants to you, our client, a single, non-exclusive, non-transferable, revocable, non-sublicensable, worldwide right and license to use the Booklinker Service during the term of this Agreement.

Trademarks

"GeoRiot", "GeoRiot.com", "Genius Link", "geni.us", "glob.ly", and "georiot.co" are trademarks or registered domains of GeoRiot Networks, Inc. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms of Service or the Booklinker service should be understood as in any way granting any license or right to use any of our trademarks displayed on the Site. We may be willing to grant such rights in individual instances, but will always require prior written permission. All goodwill generated from the use of our trademarks is reserved for our use, exclusively.

Confidentiality

Neither of us will use, copy, distribute, disseminate, broadcast, publish or otherwise share any of the other's Confidential Information (defined below) except as required to perform our respective obligations under these Terms of Service. "Confidential Information" means: (a) any information designated in writing by either party as "Confidential" or an equivalent designation; (b) information disclosed under circumstances that a reasonable person should know the information is confidential or proprietary; (c) software, code, technology, specifications, client lists, methods, guidelines, interfaces (e.g. for dashboards), and (d) screenshots or reports from the Site. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (a) independently developed without access to the disclosing party's Confidential Information as evidenced in writing; (b) rightfully received by the receiving party from a third party; or (c) required to be disclosed by law or by a governmental authority with legal jurisdiction; or (d) is required to be disclosed to an affiliate program (such as Amazon or iTunes) to be in good standing with the affiliate program.

In order to maintain our good standing with the affiliate programs we support we may provide regular reports of activity within our service to the account managers of the affiliate program. This may include a list of the individual accounts using a specific program, information about their click traffic or referrer, as well as the affiliate tracking information provided. You give us permission to do this.

As a condition of using the Booklinker Service, you agree to not use any Confidential Information acquired from us or our digital properties (or from use of the Booklinker Service in any way) to compete with us directly or indirectly or mimic the look and feel of our Site in Your Digital Properties or those that you may be related to or have interest in.

Marketing Coordination and Publicity

If you would like to incorporate Booklinker tools or services into something you plan on selling (consulting services, a suite of tools for marketing, etc.) you must present your marketing plan to us in writing by emailing admin@booklinker.net. GeoRiot may approve or deny your plan in its sole discretion and reserves the right to reverse its decision at a later date.

You may announce to the public, press or any other third party your use of the Booklinker Service within your technology as long as you properly identify Booklinker and accurately describe your use of the service. However, no content found on the Booklinker Site, social media, email, or any other properties owned or operated by Us may be used within your marketing or promotional material without written permission. If approved, your material must contain our original branding, an appropriate credit, and a link back to source. Whether or not you have an approved marketing plan with us you are welcome to "refer" users to Booklinker Services, however each new user must agree to our Terms of Service and provide a verifiable, unique email. You may not act as an intermediary between Booklinker and new users. You agree that, no sooner than 72 hours after 10 clicks have been recorded on your account from a public Booklinker Link, we may announce to the public, press, or any other third party that you are using the Booklinker Service, unless you explicitly notify us differently, in writing (by email), within the 72-hour period.

Data

We collect and use data, including PII, non-personal identifying information, and affiliate parameters that you provide to us, in accordance with our Privacy Policy (https://www.booklinker.net/privacy.php), the terms of which are incorporated into these Terms of Service and part of your agreement with us. As set forth in our Privacy Policy, we do not collect PII from members of the general public (i.e., "consumers") who are routed through the Booklinker Service after clicking on Booklinker Links, except to the extent that Personal Data may be included in Potential Personal Information.

We do however collect (but do not share) your PII such as name, email address, when you sign up for an account with us, as well as the content of your communications with us and transactional information ("Client Personal Information"). Please refer to our Privacy Policy for details.

You acknowledge and agree that we will collect click data from your links with that of other customers for use in our analytical services. Aggregated click data are our work product and property. In our sole discretion, we may choose to make metrics available to our clients in accordance with applicable law, rules and regulations.

Modification of these Terms of Service

We reserve the right to change the terms, conditions, and notices under which the Booklinker Service is offered. We will provide you notice of changes to the Terms of Service by posting a message on the Site that will appear on your account the next time you log in.

With two exceptions, any changes to the Terms of Service will become effective no earlier than ten calendar days after they are posted. The exceptions: (1) any changes made either for legal reasons or that concern new functions of the services will be effective immediately; and (2) any changes to the Binding Arbitration section will be effective 30 calendar days after they are posted. Once you have received notice of the modifications, you will have 10 days in which you can reject the modifications, thereby terminating your account.

You understand and agree that your use of the Booklinker Service after the effective date of a posted change will constitute acceptance of the modified Terms of Service.

Language

All communications and notices to be made or given pursuant to these Terms of Service will be in the English language. In the event these Terms of Service are translated, the original English version will prevail.

Governing Law

NOTE: THE FOLLOWING DOES NOT APPLY TO ANY OF YOUR CLIENT PERSONAL INFORMATION IF YOU ARE A RESIDENT OF SWITZERLAND OR ANY EU MEMBER NATION. THE DISPUTE RESOLUTION PROVISIONS OF THE PRIVACY POLICY APPLY TO ISSUES AND DISPUTES WITH RESPECT TO CLIENT PERSONAL INFORMATION.

These Terms of Service are governed by the laws of the State of Washington in the United States of America, without giving effect to any conflict of law rules. You agree that venue for any dispute proceeding (litigation or arbitration) will be in Seattle, Washington, and hereby submit to the jurisdiction of the state and federal courts there.

Binding Arbitration; Waiver of Class Action

NOTE: THE FOLLOWING DOES NOT APPLY TO ANY OF YOUR CLIENT PERSONAL INFORMATION IF YOU ARE A RESIDENT OF SWITZERLAND OR ANY EU MEMBER NATION. THE DISPUTE RESOLUTION PROVISIONS OF THE PRIVACY POLICY APPLY TO ISSUES AND DISPUTES WITH RESPECT TO CLIENT PERSONAL INFORMATION.

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most client concerns can be resolved quickly and to the client's satisfaction by emailing us at admin@booklinker.net or calling us, and leaving a message, at 408.384.8165 during normal business hours in the UTC-8 (West Coast) time zone.

If you and we have not been able to resolve a dispute after attempting to do so informally, including through mediation (which GeoRiot will pay for), we each agree to resolve the dispute through binding arbitration or small claims court -- instead of courts of general jurisdiction.

Arbitration Procedures

You and we agree that all disputes and claims between us will be settled by arbitration or in small claims court. This agreement to arbitrate (the "Arbitration Agreement") is intended to be broadly interpreted. It includes, but is not limited to the following:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

  • Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);

  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • Claims that may arise after the termination of the Terms of Service.

Although you may not bring a suit in a court other than small claims court, you may bring issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. If the law allows, such agencies can seek relief against us on your behalf.

By entering into this Arbitration Agreement, you and GeoRiot are each waiving the right to a trial by jury or to participate in a class action.

Because this document includes this Arbitration Agreement, making it a transaction in interstate commerce, it is governed by the Federal Arbitration Act.

This Arbitration Agreement will survive termination of your account.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to us should be addressed to General Counsel C/O GeoRiot Networks, Inc. 2320 S. Spokane St, Seattle, WA USA (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 60 calendar days after the Notice is received, either of us may commence an arbitration proceeding by filing an arbitration demand. During the arbitration, the amount of any settlement offer made by either made by either of us will not be disclosed to the arbitrator until after the arbitrator determines the amount you or we should receive.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") -- known collectively as "the AAA Rules." These rules may be as modified by this Arbitration Agreement; and they will be administered by the AAA. The AAA Rules are available at three sources: (1) online at adr.org; (2) by calling the AAA at 1-800-778-7879; or (3) by writing to the Notice Address.

The arbitrator will decide all issues, including the scope and enforceability of the Terms of Service, and arbitrability under the Arbitration Agreement.

Unless we and you agree otherwise, arbitration hearings will make use of telephonic conferencing to the extent practical. Otherwise, hearings will take place in a location reasonably convenient for both parties, and with due consideration for the parties ability to travel and other similarly pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA.

If your claim is for $10,000 or less, we agree that you may choose from the following three ways of conducting the arbitration: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The payment of these fees will be governed by the AAA rules.

This arbitrator may make rulings or resolve disputes as to the payment and reimbursement of fees and expenses. This may be done at any time during the proceeding; it also may be done upon request by either party made within 14 days of the arbitrator's ruling on the merits.

Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also, without waiving any remedy under this Arbitration Agreement, may seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitration tribunal.

The arbitrator may award declaratory or injunctive relief only in favor of a single party and only to provide that party's relief. You and we agree that each may bring claims against the other only as individuals; neither can become a plaintiff or class member in a class or representative proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate the claims of multiple persons. The arbitrator is not allowed to preside over any form of a representative or class proceeding. Any attempt to issue a class or representative award will exceed the arbitrator's power.

Changes to the Arbitration Provision. We may, in the future, make changes to this Arbitration Agreement by providing you notice under the "Modification of these Terms of Service" provision above. We agree that should such a change be made while you are our customer, you may reject it by sending us written notice. The notice must be given within 30 calendar days of the notice of modification to the Notice Address provided above. By rejecting any future change, you are agreeing, in accordance with the language of this provision, that you will settle any dispute between us by arbitration. This remains in effect even if it seems to conflict with some other provision in these Terms of Service. Note: This paragraph does not apply if the change concerns only the Notice Address.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Service or use of the Booklinker Service. Our performance under these Terms of Service is subject to existing laws and legal process. Nothing contained in these Terms of Service diminishes GeoRiot's right to comply with governmental, court, and law enforcement requests or requirements relating either to your use of our service or to information supplied to us. If any part of these Terms of Service is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, -- or as a result of any other legal requirements -- then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of these Terms of Service will continue in effect. We waive no right under the Terms of Service even if we fail to enforce or exercise it.

These Terms of Service, including the GDPR Addendum, the Privacy Policy, and the service options on our Site constitute the entire agreement between you and GeoRiot with respect to the Booklinker Service. It supersedes all prior or contemporary communications and proposals between us, whether electronic, oral, or written. You may not pass on to someone else any of your rights or obligations under these Terms of Service or the Privacy Policy without our written consent. We may transfer our rights under the Terms of Service to someone else without your consent.

Unless otherwise stated, we may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on our Site.

A version of these Terms of Service or of Any notice sent in electronic form will be equally as admissible in legal proceedings relating to these Terms of Service as documents generated and maintained in paper form. All parties approve of these Terms of Service and all related documents having been written in English.

General Data Protection Regulation Data Processing Addendum for

Booklinker Terms of Service

(European Economic Area & Switzerland)



This Data Processing Addendum (this "Addendum") is part of the Booklinker Terms of Service ("Agreement") between GeoRiot Networks, Inc. ("GeoRiot") and you, a Booklinker client. This Addendum governs GeoRiot's Processing of Personal Data that relates to natural persons in the European Economic Area or Switzerland in connection with GeoRiot's provision of the services described in the Agreement ("Services"). Except as expressly stated otherwise, in the event of a conflict between the terms of the Agreement and the terms of this Addendum, the terms of this Addendum will take precedence. The Addendum will be effective as of the most recent date you accept it by clicking on the "I agree" box when accepting the Agreement. All capitalized terms used but not defined in this Addendum have the meanings given to them in the Agreement.

The parties agree that for the purposes of this Addendum, both you and GeoRiot are Joint Controllers of data collected and processed pursuant to the terms of the Agreement.

Unless otherwise indicated, all capitalized terms used but not defined in this Addendum have the meanings given to them in Regulation (EU) 2016/679, the General Data Protection Regulation ("GDPR").

  1. Consent. Where consent is required in order for either GeoRiot or you to lawfully process Personal Data in order to provide the Services, you will be responsible for obtaining consent from your customers who will interact with the Services. If further consents are required under applicable law, then you are responsible for obtaining follow-up consent.

  2. Notice. Where the GDPR requires either you or GeoRiot to give notice of processing activities, you will be responsible for providing notice that contains all disclosures required by GDPR to your customers who will interact with the Services.

  3. Confidentiality. You are each responsible for determining the best manner for your organization to restrict access to Personal Data to those authorized persons who need such information to provide the Services and to ensure such authorized persons are obligated to maintain the confidentiality of any Personal Data. GeoRiot has the same responsibility for its organization.

  4. Security. You are responsible for determining the best manner for your organization to implement, using all measures required in accordance with good industry practice, technical and organizational measures to ensure the security of the Personal Data provided by you and processed by GeoRiot. GeoRiot has the same responsibility for its organization. Such security measures must be at least as protective as the security requirements set forth in the Agreement.

  5. Processors. Either of our organizations may engage Data Processors to assist in providing the Services consistent with the Agreement. Each party shall be responsible for ensuring that any processing undertaken by any Data Processor on its behalf is conducted in a manner that meets the requirements of EU data protection law.

  6. Access Requests. Each of our organizations is responsible for maintaining, with regard to the data in its possession, appropriate technical and organizational measures needed to respond to requests from data subjects to access, correct, transmit, limit processing of, or delete any relevant Personal Data. If you receive a request that may implicate Personal Data held by GeoRiot, you agree to promptly forward such request.

  7. Recordkeeping. Upon a request issued by a supervisory authority for records regarding Personal Data, each of our organizations will be responsible for the provision of information in our respective possession. In the event that a request is made solely to GeoRiot, you agree to provide to GeoRiot records related to consent and notice as described in Parts 2 and 3 of this Addendum to be shared with the supervisory authority.

  8. Cooperation. Each of our organizations agrees to cooperate to the extent reasonably necessary in connection with each party's requests related to data protection impact assessments and consultation with supervisory authorities and for the fulfillment of obligations to respond to requests for exercising a data subject's rights in Chapter III of the GDPR.

  9. Transfer of Personal Data; Appointment. With regard to Personal Data provided directly to GeoRiot from you, you authorize GeoRiot to transfer, store or Process Personal Data in the United States or any other country in which GeoRiot or its Processors maintain facilities. You appoint GeoRiot to perform any such transfer of Personal Data to any such country and to store and Process Personal Data in order to provide the Services. GeoRiot will conduct all such activity in compliance with the Agreement, including this Addendum, applicable law and your instructions.

  10. Retention. GeoRiot will retain Personal Data received from you only as long as may be reasonably required in connection with GeoRiot's performance of the Agreement or as otherwise required under applicable law.

  11. Deletion or Return. If you choose, after the end of the provision of services related to Processing, GeoRiot will delete or return to you all Personal Data it has collected regarding your customers and delete existing copies unless continued storage is required to comply with any applicable law.

  12. Breach Notification. After becoming aware of a Personal Data Breach, GeoRiot will notify you without undue delay, but no later than 24 hours, of: (a) the nature of the data breach; (b) the number and categories of data subjects and data records affected; and (c) the name and contact details for the relevant contact person at GeoRiot.

  13. Audits. You and GeoRiot each agree to make available to each other upon request all information necessary, and allow for and contribute to audits, including inspections, conducted by the party directly or another auditor mandated by the party, to demonstrate compliance with Article 28 of the GDPR.

  14. Indemnification. You agree to indemnify GeoRiot for all costs, including legal costs, penalties, and civil liabilities, incurred by GeoRiot stemming from your failure to secure consent for the Processing of Personal Data by either your organization or GeoRiot through your use of Services.



Questions? Comments? Concerns?

Please contact us at admin@booklinker.net to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Booklinker Service.