Terms of Service
OTHER APPLICABLE TERMS
- our Acceptable Use Policy (see below), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy;
We do not currently sell goods or services from our site. For your convenience, links to reputable retailer sites, for example Amazon.com, may be provided to allow you to purchase the books discussed on our site. We assume no responsibility for the websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
INFORMATION ABOUT US
www.bookishfirst.com is a site operated by NetGalley, LLC ('We'). We are a private company with offices at 44 Merrimac Street, Newburyport, MA 01950.
CHANGES TO THESE TERMS
- Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
- We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
- Our site is made available free of charge.
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
- Our site is directed to people residing in the United States (excluding Puerto Rico and other U.S. territories and possessions) (the "Territory"). We do not represent that content available on or through our site is appropriate or available in other locations and prizes will not be awarded outside the Territory. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the Territory, you do so at your own risk.
YOUR ACCOUNT AND PASSWORD
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at BookishFirstHelp@Bookish.com.
INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download excerpts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
NO RELIANCE ON INFORMATION
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Should we ever sell goods or services from our site, different limitations and exclusions of liability will apply.
UPLOADING CONTENT TO OUR SITE
- Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (see below).
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site an unlimited license to use, store and copy that content and to distribute and make it available to third parties. As such, you are free to distribute and share your content as you wish, for example to share your book reviews on other sites, social media and blogs and we are also free to share those reviews, for example with the book’s publishers.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
- We have the right to remove any posting or contribution you make on our site if, in our opinion, your post or contribution does not comply with the content standards set out in our Acceptable Use Policy (see below).
- The views expressed by other users on our site do not represent our views or values.
- You are solely responsible for securing and backing up your content.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
- You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- Our site must not be framed on any other site.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see below).
- If you wish to make any use of content on our site other than that set out above, please contact BookishFirstHelp@Bookish.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
For details of our registered trade marks please contact BookishFirstHelp@Bookish.com.
To contact us, please email BookishFirstHelp@Bookish.com.
Thank you for visiting our site.
NetGalley, LLC ('We') are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the 'Act'), we are the data controller.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our site www.bookishfirst.com ('our site') or by corresponding with us by phone, e-mail or at BookishFirst events or otherwise. This includes information you provide when you register to use our site and receive our newsletter, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or forums, provide a book impression or review, use the social media functions associated with our site, enter a competition, promotion or survey, or use other activities or services we may add to our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, gender, date of birth, family details, employment and education details, reading habits and preferences and other information that at times may be requested or volunteered.
Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), other information about your activities on our site, and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you with your permission, with information about goods or services we feel may interest you;
- to notify you about changes to our service; and
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
- We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may share your information with selected third parties including:
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you; for example, if you are a book raffle winner we will need to share your name, postal address and if necessary email address with the books’ publisher so that they can post or digitally transmit your book prize;
- advertisers and advertising networks that require the data to select and serve relevant adverts to you and others, with your permission; and
- analytics and search engine providers that assist us in the improvement and optimization of our site.
- 'MailChimp' who manage the delivery of our newsletter as well as analysis of the open rate of this newsletter. MailChimp is part of The Rocket Science Group, LLC, 512 Means Street, Ste 404 Atlanta, GA 30318, USA. This company is a member of the Safe Harbor Agreement, a special data protection agreement between the European Union and the United States. For more information about privacy policies MailChimp, go to http://mailchimp.com/legal/privacy/ .
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if NetGalley, LLC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
WHERE WE STORE YOUR PERSONAL DATA
- All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at BookishFirstHelp@Bookish.com.
- Our site may, from time to time, contain links to and from the websites of our partner networks, publishers, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.bookishfirst.com ('our site'). This acceptable use policy applies to all users of, and visitors to, our site.
www.bookishfirst.com is a site operated by NetGalley, LLC ('we' or 'us'). We are a private company with offices at 44 Merrimac Street, Newburyport, MA 01950.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- chat rooms;
- bulletin boards;
- book review or other forums; or
- other communicative or interactive services
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- These content standards apply to any and all material which you contribute to our site ('contributions'), and to any interactive services associated with it.
- You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and any advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
BookishFirst RAFFLE TERMS AND CONDITIONS
The BookishFirst website hosts a weekly raffle (the ‘Draw’) in which up to 100 free copies are given away of each promoted book title. Entry to the Draw is open to all users who register at bookishfirst.com and submit a short review (a ‘First Impression’) of the provided excerpt of the promoted book title via bookishfirst.com.
The promoter of the Draw is: NetGalley, LLC, 44 Merrimac Street, Newburyport, MA 01950.
The Draw is open to residents of the Territory aged 18 or over. We will not award prizes to people residing outside the Territory nor ship prizes to addresses outside the Territory. The Promoter is entitled to request proof of age should it be required.
There is no entry fee and no purchase necessary to enter this Draw. Entries are restricted to one entry for each registered user for each book in each Draw. i.e. where a Draw contains more than one book, a user may enter the Draw for all the offered books.
Only one book will be awarded per household, per each raffle. This includes book claims. If more than one person in the same household is in the raffle draw, only one person can win from the household. If more than one book claim is submitted per household, the BookishFirst team may remove a book claim. The points used will be refunded.
Route to entry for the Draw and details of how to enter are via www.bookishfirst.com
No responsibility can be accepted for Draw entries not properly submitted via www.bookishfirst.com or not received for whatever reason. First Impressions must be of the minimum length specified on www.bookishfirst.com, must be relevant to the book excerpt shown, and indecent, offensive or otherwise inappropriate entries will not be considered (see Acceptable Use Policy below). BookishFirst decision about the acceptability of entries will be final and no correspondence will be entered into.
The start day of each weekly Draw is on Monday, from 12:01 AM (Eastern Time). The closing day of each weekly Draw is the following Monday at 11:59 PM (Eastern Time). Winners are generally drawn on the next Tuesday.
The promoter reserves the right to cancel or amend the Draw and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control, or for any other reason at their sole discretion.
No cash alternative to the designated book prize will be offered. The book prize is not transferable. The book prize is subject to availability and we reserve the right to substitute the book prize with another of equivalent value without giving notice.
Draw winners will be chosen from all correctly submitted Draw entries received and verified by the Promoter and/or its agents.
The winner will be notified by email within 7 days of the Draw closing date.
The promoter will request the mailing of book copies from publishers as soon as possible, but delivery dates will vary and be on the publishers and stock availability. Where a publisher has specified that a book will be supplied as an ebook, all issues relating to the distribution of the ebook, including but not limited to file delivery, device and format compatibility, digital rights management and other distribution-restricting software, availability of support and helplines, and the transmission of viruses and other harmful technology, will not be the responsibility of BookishFirst and queries should be directed to the relevant publisher.
The promoter’s decision in respect of all matters to do with the Draw will be final and no correspondence will be entered into.
By entering this Draw, an entrant is indicating his/her agreement to be bound by these terms and conditions. Entrants who do not follow these terms and conditions will not be eligible for book prizes and may be prevented from entering future Draws.
The Draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
By entering the Draw, entrants agree that any personal information provided in relation to their entry may be held and used by the Promoter to administer the Draw.
Any questions on these terms and conditions should be emailed to BookishFirstHelp@Bookish.com
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Draw winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the book prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
CONDITIONS OF PARTICIPATION FOR ADDITIONAL COMPETITIONS
In addition to the weekly raffles for review copies, additional competitions may be organized from time to time. These "Additional Competitions" may include but are not limited to: or other such event. These Additional Competitions may be held on BookishFirst.com, Facebook, Twitter or Instagram. The following terms and conditions apply to your participation in Additional Competitions, which you accept by participating in the respective competition:
The organizer of the Additional Competitions is NetGalley, LLC. Some competitions are organized in cooperation with partners.
Participation is free and only natural persons are allowed. You are eligible to participate if you are a permanently resident in the Territory and you are at least 18 years old at the time of participation. Employees of NetGalley LLC and affiliated companies and their relatives and other people involved in the design and implementation of the respective raffle are excluded from participation. Collective participation is expressly excluded. Participants must play as individuals and may not use any technical aids.
The prize draw will only take place among those who participate by the specified end date of the Additional Competition. Once the end date for the Additional Competition has passed, subsequent entries will no longer be considered; regardless of what the delay is due to. We do not assume any liability for technical malfunctions, especially failures of the network, electronics, or hardware or software. The selection of the winner by the judges is final.
If you win, you will be informed shortly after the end of the competition by email using the email address given in your user account or, if you have given your consent, you will be announced as the winner by announcing your user name in the forum.
It is only possible to send a prize if you have entered your correct and complete e-mail or postal address in your customer account.
The formalities for handing over the prize are clarified individually, depending on the type of prize to be raffled and the preferences of the publisher providing the prize. The winner will receive the prize either in electronic form (e.g. e-book or audio book download prize) or by parcel service (e.g. print or audio book CD prize) to the email or postal address specified in the user account. The sender is either NetGalley LLC or the company providing the prize.
The right to change these conditions of participation without notice also remains reserved.
To the extent permitted by law, any liability for damages arising from or in connection with the Additional Competition is limited to intent and gross negligence, regardless of the legal reason underlying the obligation.
BookishFirst REDEMPTION OF POINTS TERMS AND CONDITIONS
The BookishFirst website provides users with the opportunity to earn reward points that may, when a sufficient number have accrued as designated by BookishFirst and subject to change at the discretion of BookishFirst, be redeemed against the books available in the Draw. As such, entry to the Draw by submitting a First Impression is not required, but all relevant and applicable Terms and Conditions of the BookishFirst Raffles Terms and Conditions as in Clauses 1-18 above will apply. In particular, the user’s attention is drawn to Clauses 2, 7, 8, 9, 12, 13, 14, 15, 16, 17 and 19.