This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website or App) or you are a "Member" (which means that you have registered with IOJ and set up an Account). The term "User" refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.
Amendments. IOJ may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by IOJ on the Website, (2) for existing Users, thirty (30) days after posting by IOJ on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after IOJ sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your IOJ Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the "My IOJ Account" page. IOJ MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your IOJ profile information from our live databases as well as any Content that you uploaded to the IOJ Website or App using such Account. IOJ will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that IOJ reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by IOJ on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to IOJ as set forth on the Website or in the App.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. IOJ currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before IOJ invoices the credit card for all amounts due and payable. By providing IOJ with your credit card number and associated payment information, you agree that IOJ is authorized to immediately invoice your account for all fees and charges due and payable to IOJ as a result of your purchase of any Books or other products. You agree to immediately notify IOJ of any change in your billing address or the credit card used for payment hereunder. IOJ reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide IOJ with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. IOJ may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as IOJ has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: IOJ Customer Service, jodhpur, Rajasthan or via IOJ’s Order Support. If IOJ does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IOJ or its agents.
4.4 Returns. All sales of Books and other products are subject to IOJ’s then-current return policies, as posted on the Website.
4.5 Gift Cards. You agree to the terms and conditions for gift cards that IOJ offers ("Gift Cards") as may be found here and which are hereby incorporated by reference and may be amended from time to time by IOJ in its sole discretion.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify IOJ’s acceptance of your order, nor does it constitute confirmation of our offer to sell. IOJ reserves the right at any time after receipt of your order to accept or decline your order for any reason. IOJ further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by IOJ upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss. All sales of Books and other products are made FOB shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent, FOB.
7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify IOJ immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Book Content.
8.1 Definitions. "Content" includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your "Book Content" includes Content that you include in the Books, submit to IOJ for Books and print services, or that you contribute to the Books of other Members. IOJ HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Book Content. You may use any IOJ self-publishing software to submit your Book Content to IOJ for publication or submit your Book Content by providing us with a PDF which meets the specifications required by IOJ.
8.4 License. In order for IOJ to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
8.4.1 License to print your Books. You hereby grant to IOJ a non-exclusive, worldwide, fully-paid and royalty-free license (a "License") to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Books). You agree that IOJ reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
8.4.2 License to use your Book Content for optional IOJ features. In the event you decide to use any optional feature that IOJ may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to IOJ a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for IOJ to provide such optional feature.
8.5 ISBN Numbers; Publisher Status. IOJ may provide features that permit you to include an International Standard Book Number ("ISBN") with your Book. Depending on the features, you may be permitted to acquire an ISBN through IOJ or provide your own ISBN for inclusion in your Book. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE METHOD YOU USE TO OBTAIN AN ISBN FOR YOUR BOOK(S), IOJ IS NOT THE PUBLISHER OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT) AND YOU WILL NOT STATE OR OTHERWISE SUGGEST THAT IOJ IS THE PUBLISHER OF YOUR BOOKS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PUBLISHER OF YOUR BOOK(S) (INCLUDING YOUR BOOK CONTENT) AND, IN ANY CASE, THAT YOU BEAR THE FULL AND ULTIMATE RESPONSIBILITY FOR THE PUBLICATION AND DISTRIBUTION OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT).
9. IOJ Content. The Services contain Content of IOJ and its licensors ("IOJ Content"). IOJ and its licensors (including Users) own and retain all proprietary rights in the IOJ Content and the Services. IOJ hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the IOJ Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the IOJ Content.
10. Other Content. Notwithstanding Section 8.4.2 above, You hereby grant to IOJ an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Book Content, that you upload, post, email, transmit or otherwise make available on the Website or App ("Other Content"). Examples of Other Content include your digital correspondences with IOJ via social media, any public information you upload about a Book through our Website or App, and public profile information you provide through our Website or App. We may use Other Content in our internal and external marketing materials as well as to provide You with better service and support.
11. Your Content and Activity. You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that IOJ retains the right to create limits on IOJ's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content. YOU MAY NOT INCLUDE "PUBLISHED BY IOJ," "IOJ PUBLISHING" OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT IOJ IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. "Prohibited Content" includes Book Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of IOJ; or (xii) otherwise violates this Agreement or creates liability for IOJ. IOJ RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold IOJ and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any IOJ page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
11.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of IOJ. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by IOJ. IOJ has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of IOJ violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for IOJ, its suppliers, service providers, partner companies, or any User. IOJ reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy. It is IOJ’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to IOJ by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for IOJ’s Copyright Agent for notice of claims of copyright infringement is as follows:
IOJ, (P) ltd.
Attn: Copyright Agent
Subham Tower, sardarpur C road,
13. Third Parties and Other Users.
13.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because IOJ does not control such Content, you agree that IOJ is not responsible for any such Content, including advertising and information about third party products or services. Because IOJ does not have control over such Content, IOJ makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and IOJ assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
13.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Members and to receive contributions from other Members to your own Books. You agree that IOJ will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), IOJ is under no obligation to become involved; however, IOJ reserves the right to monitor disputes between you and other Users.
14. Limited Warranty.
14.1 Limited Warranty for Books. IOJ warrants that, subject to minor differences across products and printing partners as described in IOJ’s Return Policy available at http://www.IOJ.com/returns, Books will be free of any material defects in materials and workmanship. IOJ will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to IOJ via IOJ’s Order Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
14.2 Exceptions to Warranty. IOJ does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload Book Content unless it has been fully proofed and you are satisfied that it is ready to be published. IOJ is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. IOJ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. IOJ is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or App or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall IOJ be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or App or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
14.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 14.1 ABOVE, (B) IOJ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT IOJ’s CUSTOMER SUPPORT DEPARTMENT AT RAJASTHAN INDIA.
15. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IOJ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF IOJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IOJ’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50), OR THE AMOUNTS YOU PAID TO IOJ IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE IOJ’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF IOJ OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Release. You hereby release IOJ, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a Rajasthan resident, you hereby waive Rajasthan Civil Code Section 1542, which states: "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."
17. Indemnity. You agree to defend, indemnify, and hold IOJ, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and IOJ use electronic means, whether you visit the Website or App or otherwise use the Service or send IOJ e-mails, or whether IOJ posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from IOJ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that IOJ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
19. IND. Export Controls. Content and software available in connection with the Services (the "Software") is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of IND. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
20. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Rajasthan without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and IOJ agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Jodhpur, Rajasthan (IND) and the federal courts located in the Northern District of Rajasthan (IND) in such legal action or proceeding. The application of the India Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand Dollars ($ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, IOJ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Rajasthan law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the IOJ Services.
21. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, that would reasonably contradict anything in this section.
22. Notices. IOJ may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with IOJ, or by written communication sent by first class mail or pre-paid post to your address on record with IOJ. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to IOJ, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by IOJ) at any time by any of the following: letter sent by confirmed facsimile to IOJ at the following fax number: 415-362-2078, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to IOJ at the following address: Chief Operating Officer, IOJ, (P) ltd.
23. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God."
25. Copyright/Trademark Information. Copyright © 2005–2017, IOJ. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website and App or in connection with the Services are the property of IOJ or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
26. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
26.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
26.2 Germany. Notwithstanding anything contrary in Section 15, IOJ is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
Effective Date: 09/22/16
"Personal Information" is any information that allows us (or others) to identify an individual person and would include (for example) your name, address, email address, IP Address or phone number, as well as other non-public information that is associated with or directly linked to such information.
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session Cookies to analyze our web page flow and to determine the appropriate language settings for you based on your region if you did not previously indicate. You can find out more about the Cookies and other tracking technologies that we use and the purposes for which we use them in the section below headed 'Cookies'.
"Anonymous Information" means information or a combination of information that does not relate to or identify individual persons.
IOJ is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. IOJ complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Swiss individuals, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, IOJ is subject to the regulatory enforcement powers of the IND. Federal Trade Commission. In certain situations, IOJ may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our IND-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
You may revoke your consent at any time by contacting IOJ (address below) or by deleting the Personal Information you have submitted through our Website or Services.
The Personal Information we gather from you helps us learn about your visit to the Website or use of the Services. We use this information to provide the Services to you, to better tailor the features, performance and support of our products and services, to answer your requests, questions and concerns, and to offer you additional information and opportunities.
We collect Personal Information that you submit to us voluntarily through our Website or Services.
We may also collect, from you, the following personal information about your contacts:
When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided.
If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at support@IOJ.com.
Please note that Content that you use for your Books or that you contribute to other Members for their Books might also contain Personal Information. Please be mindful that such Content may be made available to others (including through the use of the Book preview functionality) as content of your Books or the Books of other Members to which you contributed Content and that you therefore should only use and contribute Content that you are comfortable sharing under these conditions and for which you have obtained (where applicable) all necessary and valid consents to share and disclose such Content.
IOJ collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
We may receive Personal Information about you from other sources like mobile device, telephone or fax or from companies that provide our services by way of a co-branded or private-labeled website ("Partner Companies"), and for some of our Services, this includes location based services applicable for certain features in the Services. If you choose to disable location based services some features of the Services may not work properly. We may add this information to the information we have already collected from you via our Website or Services in order to improve the products and services we provide.
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We may also use your Personal Information to, provide you with the IOJ newsletters, surveys, or promotional emails regarding changes and upgrades to our products and services and for other marketing purposes of IOJ or our partners, should you request and consent to receive such communications from us. For more information about how to change your preferences and to unsubscribe from promotional communications, please see the section below headed "Your Choices Regarding Your Personal Information".
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this Anonymous Information to analyze request patterns and usage patterns so that we may enhance our products and services. We may disclose this Anonymous Information to third parties contracted by IOJ to provide marketing services designed to promote our products and services. IOJ reserves the right to use and disclose Anonymous Information to third parties in its discretion.
We may share your Personal Information with third parties to provide you with the products and services that we offer you through the Website or Services for payment processing, shipping and distribution processing, account inquiries, and marketing analytics. These third parties are required not to use your Personal Information other than to provide the products and services requested by IOJ and are bound by confidentiality agreements with regard to their use of such information. You expressly consent to the sharing of your Personal Information with our contractors and third party service providers for the sole purpose of providing products and services to you.
If you use the Book Preview functionality of the Services, any Personal Information contained in the Book Content of the Book(s) for which you have selected Book Preview will be made publicly available to visitors of the Website, including search engines.
We may enter into co-branding or co-promotional agreements with third parties pursuant to which we may share Personal Information with such third parties. For example, we may enter into agreements with Partner Companies pursuant to which we provide the Partner Companies with a URL and a customer registration page co-branded with, or private labeled by, the Partner Companies, and the Partner Companies distributes and promotes the URL to its customers. A Partner Company may have access to Personal Information that we collect from their customers. As a result, if you register on the Website or use our Services through a Partner Company, we may provide your Personal Information to the Partner Company. Please note, however, that we do not control the privacy practices of these third parties.
Upon request IOJ will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging in to your account and updating your personal information and confirming it by selecting the ‘Save’ button, contacting us at support@IOJ.com, or by completing this form. We will respond to your request within a reasonable timeframe.
IOJ acknowledges that you have the right to access your personal information. IOJ has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the IOJ Client Support at support@IOJ.com. If requested to remove data we will respond within a reasonable timeframe. We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client.
You have the right to access information held about you. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you. You also have the right to ask us to update and correct any out-of-date or incorrect personally identifiable information that we hold about you free of charge.
In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information and terminate the child's account from our databases. We do not intentionally gather Personal Information about visitors who are under the age of 13.
When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID").
We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or services.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app.
IOJ is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized or unlawful access, use, or disclosure and against accidental loss or destruction of, or damage to, such Personal Information.
IOJ has implemented industry-standard electronic means of protecting your Personal Information. We store Personal Information behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and we have implemented technology to detect intrusions. We also require you to enter a password to access your account information. In addition, IOJ protects your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility.
Even though IOJ has taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that IOJ cannot fully eliminate security risks associated with Personal Information. If you have any questions about the security of your personal information, you can contact us at support@IOJ.com.
IOJ, (P) ltd.
Attention: Legal Department
Subham Tower, sardarpur C road,
IOJ respects the intellectual property of others, and asks and expects that our authors do the same. If you haven't already, please familiarize yourself with your obligations as a user of BookSmart (Software End User License Agreement) and as a Member of the IOJ web site (Terms and Conditions). IOJ may, as appropriate and at its total discretion, terminate the membership privileges of any users who violate the provisions of the above agreements, including any activity that repeatedly infringes on the intellectual property of others.
We encourage any IOJ user to notify us immediately if they have reason to believe that any material on the IOJ website or in a book created by the BookSmart software infringes on the intellectual property rights of another. When we become aware of such violations and after we validate that the notification received fulfills the requirements set forth below, we will act immediately and remove the material in question as further described in the Terms and Conditions.
If you believe that your work has been copied, posted, or used in any way that constitutes copyright infringement (whether on the IOJ web site or in a book created using the BookSmart software application), please provide our Copyright Agent with the following information:
Contact information for IOJ's Copyright Agent for notice of claims of copyright infringement is as follows:
IOJ, (P) ltd.
Attn: Copyright Agent
Subham Tower, Sardarpura C road
For copyright inquiries, please contact us by using our Customer Support form.
This return policy is incorporated by reference into the IOJ Terms and Conditions available at IOJ and applies to you if you are an author who is purchasing a printed book or an ebook from IOJ ("Author") or if you are purchasing a printed book or an ebook from the IOJ Bookstore ("Bookstore Purchaser") (collectively "Users").
Note to Authors: Your book, whether a printed book or an ebook, is all yours: IOJ does not proof, edit, or change your content in any way. This means it’s your responsibility to review your book before you publish, and fix:
You must review your book in Preview modes before printing. (You might ask a friend to look it over, too.) If you find changes you’d like to make, no problem. Just make them in the applicable IOJ software or your original file, upload the revised book, preview it and then order a copy of that revised book. We strongly recommend ordering and reviewing a single copy of your book as made through IOJ before placing orders for multiple copies.
Note to Bookstore Purchasers:
IOJ is not responsible for the quality of the content (including but not limited to Author Content) of any printed book or ebook in the IOJ Bookstore. Each book you purchase from the IOJ Bookstore is custom printed or downloaded only upon your order, and we don’t warehouse books, therefore we do not accept returns or process refunds for any reason, except for the limited book replacement policy set forth below.
Cancellation Policy for Printed Books. A User can cancel an order for a printed book for approximately one hour from the time the order. Past one hour, please understand that IOJ cannot provide refunds or cancel orders, and except for the cases expressly described in this return policy (i.e., IOJ agrees to replace your printed book because it arrives damaged, with a material manufacturing defect, or a material defect in workmanship), IOJ will not accept returns.
Return Policy for Printed Books. On the off chance your printed book arrives damaged, with a material manufacturing defect, or a material defect in workmanship, contact us via IOJ’s Customer Support within 14 days of receipt and we will work with you to secure a replacement copy if necessary. Please note that each printed book you order from us is individually made by one of IOJ’s professional book-printing partners. There may be minor differences across different prints of the same books and/or across books printed by our different book-printing partners, including, but not limited to, slight variances in color fidelity and binding type. While we work very hard to keep our product as consistent as possible, this variation is a normal occurrence and is not considered a manufacturing defect or a defect in workmanship and does not qualify for a reprint.
IOJ ebooks (including PDF books) are not subject to the above Cancellation Policy or the Return Policy for printed books. IOJ does not provide the ability for Users to cancel orders or obtain refunds for, or to receive replacements of, ebooks (including PDF books).
Please be aware that IOJ is a publishing services provider. We provide users with tools and services that enable them to publish their own books.
We are not a publisher, and we do not review or correct user-generated content.
Users are expected to comply with the Terms and Conditions of the IOJ web site, and with the BookSmart End User License Agreement. We reserve the right to remove content that does not comply with these agreements, and/or to deny service to users who do not comply with these agreements.