ObiBooks Member Agreement

Last Revised Nov. 11, 2015

This agreement between you and Online Booklovers International ("ObiBooks") details how you may use our Service and buy and sell books listed on ObiBooks. Use of the ObiBooks Web site and related services is governed by this agreement. By registering as an ObiBooks Member, you indicate that you have read, understood, and agree to be bound by this agreement.

"You" and "ObiBooks" collectively constitute "the Parties" ("Les parties") to this agreement.

1. Who is ObiBooks?

ObiBooks operates a Web site and mobile data service, obibooks.com ("the Service"), that allows registered ObiBooks members ("Members") to purchase and offer for sale new, used and out-of-print books and other items such as magazines, sheet music, manuscripts, paper memorabilia (collectively, "Items") from Members around the world acting on their own behalf.

2. Who Can Be a Member?

Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Member and purchase or sell books through the Service. Members must comply with all applicable laws.

All information submitted by Members through the Service, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.

Once you have registered as a Member, you are referred to as a "Member", "You", "Your" or "Yourself" for the purposes of this agreement.

3. How This Works

ObiBooks operates the Service as a forum for Members. Members buy Items from other Members, not from ObiBooks. ObiBooks only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Members. ObiBooks is not involved in transactions between Members. Only Members (not ObiBooks) are responsible for all transactions through the Service and the terms and conditions of all transactions.

Orders placed through the Service are forwarded to the selected Bookseller by electronic mail (e-mail) for acceptance and fulfillment by the Bookseller.

In the case of credit card purchases, ObiBooks will provide a convenience link to PayPal for sellers and buyers; or at their option, sellers may request payment through an alternate payment provider or directly by mail or in person.

Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under your password. You must immediately notify {ObiBooks} of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. {ObiBooks} is not under any obligation to verify the actual identity or authority of the user of any password.

4. Misprints and Errors

Although ObiBooks strives to provide reliable and current information on the Service, misprints or other errors may occur. ObiBooks reserves the right to change information on the Service at any time and from time to time without any notice or liability to You or any other person.

Items listed on the Service are subject to availability, and may not be available when ordered or afterwards.

The Items offered on the Service are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the selling Member sends an order acceptance and shipping notice to Your email address.

5. We Respect Your Privacy

Your personal information will be collected and saved by ObiBooks. All data and information collected from You by ObiBooks is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy.

6. You agree to be bound by our policies.

You agree to be bound by the terms of our Privacy Policy, which is incorporated into this agreement by reference.

You agree to be bound by the terms of our Copyright Policy, which is incorporated into this agreement by reference.

You agree to be bound by the terms of our Acceptable Use Policy, which is incorporated into this agreement by reference.

You agree to be bound by the terms of our Seller Standards, which is incorporated into this agreement by reference.

7. Warranty Disclaimer and Liability Exclusion and Limitation Clauses

Since ObiBooks is not a party to any transactions through the Service, ObiBooks does not give any representation or warranty regarding any transactions or any of the Items. ObiBooks has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Sellers to sell Items.

The Service is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by ObiBooks to the fullest extent permitted by law.

Regardless of the nature of the claim or the reasons for the loss and damages, ObiBooks' liability is limited to foreseeable and typical damages. ObiBooks will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Service by You unless it concerns the loss of life, injury of body and/or physical health.

In no event will ObiBooks' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by ObiBooks or any person for whom ObiBooks is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

8. Legal Claims

For all disputes between ObiBooks and you or any other person arising from, connected with or relating to the Service, this Agreement, transactions facilitated or conducted through the Service, Items ordered or purchased through the Service, dealings between You and ObiBooks, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Victoria, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Victoria, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.

9. Termination

You or ObiBooks may terminate this Agreement at any time with immediate effect and without any prior notice. ObiBooks may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Service without any notice or liability to You or any other person. If this agreement or your permission to use the Service is terminated by You or ObiBooks for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Service and prior purchases of Items through the Service and anything connected with, relating to or arising from those matters.

10. Changes to the Service, Policies and Procedures, and this Agreement

ObiBooks may, in its discretion, change, suspend or terminate, temporarily or permanently, the Service or any part of the Service at any time, for any reason, without any notice or liability to You or any other person.

ObiBooks may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Service from time to time and without any notice or liability to You or any other person, by posting revised documents on the Service. You may not change, supplement or amend this agreement or any ObiBooks policies or procedures.

11. Language

You and ObiBooks agree and expressly require that this Agreement and all related documents be drafted in English.

Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.