iRead Book Tours makes available book publicity services via its website www.ireadbooktours.com ("Website") for indie, small press and traditionally published authors and their representatives and communities. iRead Book Tours provides book review services and promotions through book bloggers and professional readers who register as Tour Hosts (as defined below). Your continued use of any of iRead Book Tour’s services will mean that you accept these terms and any changes we may make to them.
Definitions
"Author and Publisher Agreement" means a duly executed agreement between iRead Book Tours and a Client under which iRead Book Tours agrees to provide services in connection with a Client's book publishing and promotional activities including storage, blogger reviews, and circulation of advance review copies, Galleys, eBooks, marketing material, and other Content.
"Client" means either: i) an author or publisher that has entered into an Author and Publisher Agreement with iRead Book Tours; or ii) an individual or entity (such as a publicist) that is authorized to submit Content for an author.
"Content" means any content made available by Client and submitted to iRead Book Tours. Such content may consist of Galleys, eBooks, marketing material, related catalogue and text information, and any and all other text, pictures, audio, video, or other data, in any format made available via the Website or email to iRead Book Tours.
"Tour Host" means a book blogger, reader or professional reviewer who has registered online or been contacted by email and has consented to participate in promotional campaigns such as blog tours that are organized by iRead Book Tours.
"eBook" means a publication for distribution for reading purposes via an electronic format.
"Galley" means any single version of a publication, including related metadata, distributed for media or buyer review, comment, editorial review, promotional, or other similar purposes including: unbound galley, bound galley, uncorrected proof, review copy, desk copy, preview copy, digital preview, digital galley, or finished book adapted for use and display in connection with the Website. The term, "Galley" may include eBooks and post-publication content.
"Submit" (whether or not capitalized) means to transmit, post, upload, distribute, display, publicly perform, copy, and/or make derivative works.
Use of Client Content
You may use the Website and any information sent to you via email solely pursuant to these Terms of Use. Any Content provided is for your own personal and non-commercial use. Unless you are a Client with copyright ownership or the appropriate licenses over your own Content for purposes of the foregoing, as Tour Host you will not: (i) sell, sublicense, resell, or otherwise transfer your limited right to review the Content; (ii) create or attempt to create any unauthorized derivative works from the Content; (iii) remove any copyright, trademark or other proprietary notices from any Content; (iv) remove or attempt to remove any DRM from the Content.
Confidentiality of Client Content
As a Tour Host, you shall protect and safeguard the Client Content and protect it from unauthorized use or disclosure, exercising at least a reasonable degree of care. In addition, as a Tour Host you agree that you shall not use, reproduce, publish, disclose, distribute, modify or otherwise exploit any Content that is provided to you, other than as expressly permitted under these Terms of Use.
Limited Liability Regarding Client Content
The Client (and iRead Book Tours) provides the Client Content that can be accessed through the Website and the media kit sent by email. iRead Book Tours does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Content. Although we require the Client to provide a rating for the Content, you understand and agree that by accessing this Content you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will iRead Book Tours be liable in any way for any Content, including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content submitted via this Website.
Submission of Client Content
You will not submit any third party Content or other material that is protected by copyright, trademark, trade secret, patent, or other proprietary right without the express permission of the copyright holder. You will be solely liable for any damage resulting from any such improper submissions or rights infringement. By submitting the Content, you represent and warrant that you have all necessary rights in and to such Content and you hereby grant to iRead Book Tours a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to copy, distribute, publicly perform, publicly display or otherwise access or use such Content in connection with providing the services contemplated under the applicable Author and Publisher Agreement.
LIMITATION OF LIABILITY
IN NO EVENT WILL iREAD BOOK TOURS, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO iREAD BOOK TOURS UNDER THIS AGREEMENT. iREAD BOOK TOURS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED “AS-IS”. iREAD BOOK TOURS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER iREAD BOOK TOURS NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE iREAD BOOK TOURS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE SAFE, iREAD BOOK TOURS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IREAD BOOK TOURS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE OR THE CONTENT USED IN RENDERING SERVICES.
Governing Law
These Terms of Use and your use of the iRead Book Tours Website shall be governed by the laws of Canada and the Province of Quebec without regard to its conflicts of laws principles. Any legal action or proceeding related to iRead Book Tours shall be brought exclusively in a court of competent jurisdiction located in Quebec.
Indemnification
You further agree to indemnify, defend and hold harmless iRead Book Tours and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Website. Your indemnification includes, without limitation, all claims related to i) your use of and access of the Website; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to the Content or use of the Website.
Termination
These Terms of Use may be terminated by iRead Book Tours at any time without notice. We reserve the right to terminate any contract with a client if they do not comply with our Tour Policy. Tour Hosts may be removed if they fail to comply with the Terms and Conditions stated on the Become a Tour Host page on iRead Book Tours. In the event that a Tour Host is removed, or upon request of iRead Book Tours, the Tour Host agrees that it shall promptly return or destroy all Content and any Client or iRead Book Tours confidential information that has in its possession.