Terms of Service for Biblionautica

This Terms of Service Agreement (“Agreement”) is made between Biblionautica LLC (“Biblionautica”, “we”, “us”, or “our”) operator of Biblionautica.com (including all subdomains) and all other products, services and applications available therewith (collectively, the “Services”) and you (“User”, “you”, or “your”) who may access and use the Services and technology thereon only pursuant to the following terms and conditions. Biblionautica and User are each referred to herein as a “Party” and together as the “Parties.”

1. Acceptance of Terms.
   By accessing and using the Services, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement's terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Services or content or information available therewith. To the extent permitted by law, Biblionautica may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to this page. Biblionautica will notify User on its website and/or via email that amended terms have been posted. User agrees that its continued use of the Services constitutes an acceptance of such amendments. User shall have the opportunity to refuse said amendments solely by ceasing access to and utilization of the Services.
2. Residency and Age.
   The Services are intended to be accessed and utilized by Users who have attained the age of majority in their respective country, state or province. By accessing and using the Services, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Services are not intended to be accessed or utilized by children under 13 years of age. If you are under the age of 16 and a resident of the European Economic Area or the United Kingdom, please have your parent or guardian contact us to provide consent to use our Services before you register for or otherwise use the Services or send us any data.
3. Disclaimer of Warranties.
   THE SERVICES AND THE ENTIRETY OF THEIR CONTENT AND INFORMATION AND MATERIALS PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, AND BIBLIONAUTICA HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIBLIONAUTICA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS THAT: (I) THE SERVICES WILL MEET USER'S REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET EXPECTATIONS; (V) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
4. Use of the Services.

1. Biblionautica Usage Generally.
   The Services generally allow a User, pursuant to the terms and conditions herein, to generate textual content User submits to the Services (“Submissions”) using the Services' proprietary Biblionautica thesaurus technology and obtain metrics therefrom. User may use Biblionautica features to create variations on the textual content (the “Output”) and may edit the Output to suit User's purpose(s).
2. Registration.
   To use certain features of the Services, User may be asked to register an account. User agrees: (i) to provide true, accurate, current and complete information (“User Information”) about itself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If Biblionautica has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, Biblionautica may suspend or terminate User's access to and use of the Services (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username, password and, if applicable, API key (“Credentials”) and is solely and fully responsible for all activities that occur under its Credentials. User agrees to: (i) immediately notify Biblionautica of any unauthorized use of User's Credentials or any other breach of security; and (ii) ensure that User logs off from its account at the end of each web applications session. Biblionautica cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.
3. Paid Services.

1. Conclusion of Agreement for Paid Services.
   User is required to create an account by providing the information set out in our Privacy Policy and then enter payment information to conclude an agreement to use our Paid Services. By clicking on the “check out” button, User makes a binding offer to conclude an agreement for Paid Services. After that, a summary of the order will be displayed for review. Until clicking on the “check out” button, User can cancel the order process at any time or change the information provided by deleting, adding, or correcting the information provided in the various fields or by closing his web browser or tab. Biblionautica shall provide its Services immediately after conclusion of the agreement.
2. General.
   If User purchases any Services that Biblionautica offers for a fee (“Paid Services”), such as a credit pack for Biblionautica's Services, User authorizes Biblionautica and its designated payment processors to store User's payment information and other related information. User also agrees to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions) (the “SubscriptionFees”) as they become due plus all related taxes (including, without limitation, sales and use taxes, duties, or other governmental taxes or fees), and to reimburse Biblionautica for all collection costs and interest for any overdue amounts. All fees are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except: (i) as required by applicable law; and (ii) at Biblionautica's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage, or as otherwise described when you initially purchase the Paid Services. Except as otherwise described in this Section 4, all prices for Paid Services are subject to change without notice.
3. Payment Method.
   Biblionautica may, from time to time, offer various payment methods, including without limitation payment by credit card, by SEPA mandate through our PSP, by debit card, by check, or by certain payment providers. User authorizes Biblionautica to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the “Payment Method”) and User agrees to make payment using such Payment Method(s) (Biblionautica may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to Biblionautica to update information related to User's Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between User and the financial institution, credit card issuer, or other provider of User's chosen Payment Methods (the “Payment Method Provider”). If Biblionautica does not receive payment from User's Payment Method Provider, User agrees to directly pay all amounts due upon demand from Biblionautica. User's non- termination or continued use of the Paid Services reaffirms that Biblionautica is authorized to charge User's Payment Method.
4. Current Billing Information Required.
   User agrees to provide current, complete, and accurate billing information and agrees to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for the processing of all payments that are due to Biblionautica. User agrees to promptly notify Biblionautica if User's Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User's Payment Method. If User fails to provide any of the foregoing information, User acknowledges that User's current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.
5. Change in Amount Authorized.
   If the total amount to be charged varies from the amount User authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Biblionautica will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If User does not cancel User's Paid Services before the increased price goes into effect, User agrees to pay the increased price for the Paid Services. User agrees that Biblionautica may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Biblionautica will inform User of any additional charges which are accumulated.
6. Payment Processors.
   Ordering Paid Services involves utilizing the secured server of a payment processing service provider (“PSP,” e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Services or Biblionautica, nor receives any financial benefit from the Services or Biblionautica other than a fee paid by Biblionautica to PSP for the services performed by PSP. Biblionautica makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, security, legality, or description of the payment processing services offered thereon. Biblionautica EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON.

4. API Usage.

1. [Reserved for future use]

5. Beta Services.
   From time to time, Biblionautica may allow User to access and use beta versions of new services (“Beta Services”) for the sole purpose of internally testing and evaluating the Beta Services. Beta Services may be subject to additional terms and conditions that User must accept. BIBLIONAUTICA MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA SERVICES WILL BECOME PART OF THE SERVICES GENERALLY AVAILABLE AND RESERVES THE RIGHT TO DISCONTINUE OR CHANGE THE BETA SERVICES AT ANY TIME WITHOUT NOTICE. WITHOUT LIMITING ANY OTHER DISCLAIMERS IN SECTION 3 OF THE AGREEMENT, USER ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE BETA SERVICES IS AT USER’S OWN RISK AND SHOULD NOT BE USED FOR PRODUCTION PURPOSES. THE BETA SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND AND MAY CONTAIN ERRORS OR OTHER DEFECTS.
6. Third Party Service.
   The Services may be integrated with third party applications or contain links or connections to third party websites or services that are not owned or controlled by Biblionautica (“Third Party Service”). When you access or use a Third-Party Service, you accept that there are risks in doing so, and that Biblionautica is not responsible for such risks. Biblionautica encourages you to be diligent when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or utilize. Biblionautica has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Service or by any third party that you interact with through the Services. In addition, Biblionautica will not and cannot monitor, verify, censor or edit the content of any Third-Party Service. By using the Services, you release and hold Biblionautica harmless from any and all liability arising from your use of any Third-Party Service.

5. Proprietary Rights.
   All rights and permissions not expressly granted herein are reserved by Biblionautica.

1. For the term of this Agreement, and unless as otherwise agreed by Biblionautica in writing or permitted in this Agreement, Biblionautica grants User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right and license to use, for User's personal and non-commercial purposes, the Services and any API guidelines solely provided that User adheres to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Services or any patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (collectively, “Intellectual Property Rights”) of Biblionautica or its licensors. Subject to the prohibitions of Section 6, any rights not expressly licensed pursuant to this section are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.
2. User hereby grants Biblionautica an unlimited, irrevocable, worldwide, non- exclusive, transferable, assignable, royalty-free, sublicensable right and license to use the Submissions for any purpose including, without limitation, developing and improving the Biblionautica technology and model or the technology or models of its affiliates, providing tailored Services experiences to User, and generating the Output. The non-exclusive license hereby granted to Biblionautica under this Section will extend to any associated Intellectual Property Rights in the Submissions and will continue in perpetuity, notwithstanding the termination of this Agreement.
3. To the fullest extent permitted by law, User will own all rights, title, and interest in the Output including, without limitation, all Intellectual Property Rights therein. Subject to compliance with this Agreement, User may use the Output for any purpose. User hereby grants to Biblionautica an unlimited, irrevocable, worldwide, non-exclusive, transferable, assignable, royalty-free, sublicensable right and license to use, store, reproduce, publish and publicly display, modify and create derivative works of the Output, and Intellectual Property rights which may be contained therein, as well as all other rights necessary to use and exercise all rights in the Output in connection with the Services and/or otherwise in connection with the Biblionautica business for any purpose.

6. Prohibited Uses of the Services.
   User agrees that it may NOT: (i) use the Services or any content or information available through the Services for any unauthorized purpose including, without limitation, exceeding Submission limitations and acting beyond the scope of paid services or in violation of the policies and rules of the User’s employer or educational institution; (ii) interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (iii) use the Services to collect, store, or distribute any information about any other person; (iv) use the Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights; (v) use the Services to impersonate any person, company, or entity; (vi) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, or information available through the Services or any software components used on or for the Services or access thereto; (vii) attempt to gain unauthorized access to the Services or their related systems or networks; (viii) use any third-party software or scripts to collect information from or through the Services; (ix) distribute, re-distribute, or permit transfer of the Services or content or information available through the Services in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (x) use the Services to disseminate, store, or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (xi) use the Services to disseminate, store, or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other Intellectual Property Right of any person, entity, partnership, organization, association or otherwise; (xii) adapt, translate, or create any derivative works of the Services or merge the Services into any other software; (xiii) use the Services to display or promote spyware, adware, spam, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non- transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories, or any other item prohibited under applicable law; (xiv) use the Services to create, train, or improve (directly or indirectly) any product, service, or platform, including any other machine learning algorithms or machine translation or paraphrasing systems; (xv) use or retain translated text or any other data on the Services for the purpose of creating, training, or improving (directly or indirectly) a translation service, product, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; (xvi) display or make available, publicly, more than 10,000 characters of Output from the Services or input to and Output from the Services in proximate comparative fashion (e.g., side-by- side); (xvii) unless otherwise agreed by Biblionautica and User in writing, use the Services to augment datasets to improve natural language processing systems; or (xviii) assist any third-party in doing any of the foregoing.
7. Security of User's System.
   User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through or stores via the Services or on any computer, mobile device, or related equipment that is used to access the Services.
8. Term and Termination.
   This Agreement remains effective from the moment User accesses or uses the Services until terminated. This Agreement will terminate automatically without notice from Biblionautica if User fails to comply with any provision of this Agreement. Biblionautica reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Services; (ii) suspend User's access to or use of all or any portion of the Services; and (iii) terminate this Agreement.
9. Links.
   The Services may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) Biblionautica shall not be responsible for the availability of such external sites or resources; and (ii) Biblionautica does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Biblionautica shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.
10. Limited Liability.

1. IN NO EVENT SHALL BIBLIONAUTICA, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“BIBLIONAUTICA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE AVAILABILITY OF THE SERVICES; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY CONTENT ON THE SERVICES; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR (V) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE SERVICES. THE BIBLIONAUTICA PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CELLULAR NETWORK, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE BIBLIONAUTICA PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER’S COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING LINKS ON THE SERVICES. USER ACCESSES THE SERVICES AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE BIBLIONAUTICA PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE BIBLIONAUTICA PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. THE BIBLIONAUTICA PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF USER'S COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM THE BIBLIONAUTICA PARTIES SHALL CREATE ANY WARRANTY.
2. THE BIBLIONAUTICA PARTIES' AGGREGATE LIABILITY TO USER OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF TEN DOLLARS ($10.00).
3. USER'S ACCESS OR USE OF ANY THIRD-PARTY INTERNET RESOURCE LINKED TO OR FROM THE SOFTWARE, OR USER'S USE OF GOODS OR SERVICES FROM THIRD-PARTY INTERNET RESOURCES LINKED TO OR FROM THE SOFTWARE, IS MADE AT USER'S OWN RISK. USER HEREBY RELEASES THE BIBLIONAUTICA PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER'S ACCESS TO THIRD-PARTY INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE BIBLIONAUTICA PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE SERVICES OR THROUGH THIRD-PARTY INTERNET RESOURCES.
4. THE BIBLIONAUTICA PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE BIBLIONAUTICA PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE BIBLIONAUTICA PARTIES' CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES. THE BIBLIONAUTICA PARTIES SHALL NOT BE LIABLE FOR ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT(S) OF ANOTHER. THE BIBLIONAUTICA PARTIES SHALL NOT BE LIABLE FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD- PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

11. Indemnification.

1. Occurrence.
   User agrees to defend the Biblionautica Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the Biblionautica Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable attorney's fees, (each a “Claim”), regardless of whether such Claim is due to a Biblionautica Party's active or passive negligence, arising out of or relating to: (i) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; (ii) User's use of the Services, including any data or information transmitted or received by User; (iii) any unacceptable use of the Services by User including, without limitation, any statement, data or content made, transmitted, or republished by User which is infringing or otherwise prohibited as unacceptable in Section 6; or (iv) any expenses Biblionautica incurs in enforcing this Section including, without limitation, reasonable attorney's fees and costs.
2. Procedures.
   Biblionautica will promptly notify User of any claim or action with respect to any claim for indemnification hereunder, and User will undertake the defense or settlement and all related costs and expenses of any claim or action for which it has an indemnification obligation. User will have the right to settle or compromise any action to which its indemnification is applicable, except that User may not agree to any settlement without the prior written consent of Biblionautica if such settlement would cause Biblionautica to undertake any action, assume any liability, pay any monies, or acknowledge any wrongdoing or have a judgment entered against it. Notwithstanding the foregoing, Biblionautica will have the right to undertake the defense of any claim asserted against it at User's expense in the event that: (i) User fails to assume the defense of such claim; (ii) Biblionautica reasonably determines that an adverse outcome could be material to Biblionautica's business; (iii) there are conflicts between User's and Biblionautica's interests in such litigation; or (iv) Biblionautica reasonably believes that User does not have the financial resources needed to satisfy its indemnification obligation in the event of an adverse outcome.

12. Biblionautica Privacy Policy.
    User acknowledges that User’s use of Biblionautica is subject to Biblionautica’s Privacy Policy, available at this page.
13. Take-Down Requests, DMCA.
    Biblionautica expressly prohibits Users from uploading, posting, or otherwise distributing through the Services any content which may violate applicable laws, another party's Intellectual Property Rights, privacy, publicity, or other rights. User agrees to comply with Biblionautica's Copyright Policy, incorporated by reference herein.

1. If any party believes any user content on the Services violates or otherwise infringes upon any of their rights, they are encouraged to contact Biblionautica immediately to request that the allegedly offending content (“Offending Content”) be removed from the Services.
2. It should be noted that individuals making misrepresentations in alleging that material appearing on the Biblionautica Services constitutes copyright infringement may be liable for damages.

14. Dispute Resolution Protocol.

1. Controlling Law and Jurisdiction.
   This Agreement will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), without regard to its conflict-of-law provisions. User and Biblionautica agree to submit to the personal jurisdiction of the state and federal courts located within Hunterdon County, New Jersey, for any actions involving actual or threatened infringement, misappropriation, or violation of a Party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or User's outstanding payment of fees due hereunder.
2. Negotiations.
   In the event any dispute arises except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party's Intellectual Property Rights, User and Biblionautica agree to first attempt to negotiate the resolution any dispute, informally for at least thirty (30) days before initiating any arbitration or court proceeding.
3. Other parties.
   User accepts that, as a corporation, Biblionautica has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against Biblionautica's officers or employees in respect of any losses User suffers in connection with the Services. Without prejudice to the foregoing, User agrees that the limitations of warranties and liability set out in this Agreement will protect Biblionautica's officers, employees, agents, subsidiaries, successors, assigns, and sub- contractors as well as Biblionautica.
4. Binding Arbitration.
   All claims arising from use of the Services (except those disputes involving actual or threatened infringement, misappropriation, or violation of a Party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or User's outstanding payment of fees due hereunder) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one Party will be final and binding on the other. User understands that if either Party elects to arbitrate, neither Party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator must apply New Jersey law and any award may be challenged if the arbitrator fails to do so. Unless otherwise agreed by the Parties, arbitration will take place in Hunterdon County, New Jersey. User's arbitration fees and User's share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User's claim for damages does not exceed $10,000, Biblionautica will pay User's share of arbitration fees unless the arbitrator finds that either the substance of User's claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
5. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER.
   USER AND BIBLIONAUTICA AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN BIBLIONAUTICA AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND BIBLIONAUTICA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE USER'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CONSOLIDATES, CLASS, OR REPRESENTATIVE PROCEEDING.

15. Miscellaneous

1. Waiver; Remedies Cumulative.
   To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.
2. Entire Agreement and Modification.
   This Agreement constitutes the complete and exclusive statement of the agreement between the Parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the Services. This Agreement may be modified by Biblionautica and User may agree in writing.
3. Severability.
   If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
4. Remedies.
   The rights granted by Biblionautica herein are of a special, unique, and intellectual nature, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law. In addition, User acknowledges that during the course of accessing or using the Services, User will or may have access to Biblionautica's proprietary information, including, without limitation, code and related materials. Accordingly, the breach by User of the provisions of this Agreement concerning Biblionautica's proprietary rights will cause Biblionautica irreparable injury and damage for which Biblionautica will be entitled, without posting any bond or security, to seek injunctive or other equitable relief. The granting of equitable relief will not be construed as a waiver of any other rights of Biblionautica in law or in equity. To the extent permitted by applicable law, User agrees that the rights and remedies of User in the event of a breach of this Agreement by Biblionautica shall be limited to the right to recover damages, if any, in an action at law, and in no event shall User be entitled to terminate or rescind this Agreement or enjoin or restrain Biblionautica's use or exploitation of the Submissions.
5. Assignment.
   Biblionautica may assign any of its rights or delegate any of its obligations hereunder to any person or entity at any time without User's consent. User may not assign any of its rights or delegate any of its obligations hereunder to any person or entity without the prior written consent of Biblionautica. Subject to the preceding sentence, this Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as will inure to a successor or permitted assignee pursuant to this Section.
6. Feedback.
   User agrees that any comment, review, recommendation, suggestion, feedback, or other similar input User submits to Biblionautica related to Biblionautica’s products, services, websites, applications, or technology (“Feedback”) may be used by Biblionautica without any notice, obligation, restriction, reimbursement, or compensation to User and User waives (or agrees not to enforce) any and all rights that may now or in the future exist in any Feedback.
7. Survival.
   Sections 3, 5-6, 10-11, and 14-15 shall survive the termination of this Agreement.

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