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BookDabbler Online Subscription Service Subscriber Agreement
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BookDabbler service and the functions, facilities, and services related thereto ("Service") is a subscription service within a proprietary World Wide Web site operated and maintained by MindDabbler, Inc. ("Center"), at the URL: http://www.bookdabbler.com. The Service consists of multiple subscription services, each of which is described in paragraph 15(a) of this Agreement, and each of which is for use solely by individuals and/or entities who are authorized by MindDabbler to use it. As used in this Subscriber Agreement ("Agreement"), the terms "you," "your" and "Subscriber" refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted.
By subscribing to the Service and setting up monthly payment, you are applying to become a paid Subscriber to the particular subscription service(s) that you select ("Subscription"). This Agreement sets forth the terms and conditions on which MindDabbler is willing to permit your use of the Service and your responsibilities as a Subscriber. If your application to become a Subscriber is accepted by MindDabbler, you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement.
This Agreement is between you and MindDabbler. MindDabbler may be reached through the following e-mail address: info@bookdabbler.com. Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement and modifications thereto made in accordance with paragraph 13 hereof.
1. Subscription Services and Pricing
The subscription services provided through the Service are described in paragraph 15(a) below. Each subscription service provides access to one or more databases (the "Database(s)") and is available under a Single User Plans and which is available on both Subscription plan at the rates set forth in paragraph 15(d)(1) below, subject to MindDabbler's right at any time to increase or otherwise modify the Subscription rates, or types of Subscriptions available. Notice of changes in rates and/or types of subscription services will be sent to Subscribers via e-mail notification, or will be posted on the Service Web Site or at the Foundation Center's Web Site.
2. User Name and Password
(a) Subscribers will select their own identification code ("User Name") and password ("Password") at the time of application to become a Subscriber. The User Name and Password selected will be required to access your Subscription on the Service. Subscribers may access the Service only using their User Name and Password, and may not allow any other person to access the Service using their User Name or Password. Subscribers shall not disclose their Password to any other person or entity and shall make all reasonable efforts to maintain their Password as secret and confidential.
(b) Subscribers are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorized or unauthorized, of the Service under their User Name and Password. MindDabbler shall have no obligation with regard thereto.
(c) Subscribers must promptly inform MindDabbler if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of any User Name, Password, or credit card number used in connection with the Service. Until MindDabbler is properly notified of a breach of security by e-mail notice at info@gbookdabbler.com or by telephone at 561-317-7902, the Subscriber will remain responsible for any unauthorized use of the Service occurring under the Subscriber's User Name and Password. Liability for unauthorized use of your credit card is subject to your agreement with your credit card company.
(d) Logs of all accesses to the Service may be kept and (except in the case of Multiple User Plans) logins from more than three (3) distinct second-level domains shall constitute proof of violation of a Subscriber's obligation not to disclose his/her Password, and may result in MindDabbler's termination of the Subscriber's access to the Service, without notice or warning.
(e) REMEMBER YOUR USER NAME AND PASSWORD! If you forget either of them, MindDabbler may disclose them to you under security procedures determined by MindDabbler, which may result in substantial delays in your ability to access the Service.
3. Grant of Rights
This Agreement constitutes a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement. The Database(s) and all other aspects of the Service are the property of MindDabbler and are protected by copyright laws and international treaties. This Agreement does not grant you the right to use any Center trademark, service mark, or logo for any purpose whatsoever.
4. License Rights
Upon your acceptance as a Subscriber or selection by a Subscriber as an Additional User, and subject to the restrictions in paragraph 5 below, you are hereby granted a non-exclusive license to:
(a) Use the Service to perform searches of the Database(s) included in your Subscription;
The license rights granted herein are limited to the Subscriber and authorized Additional Users alone and do not extend to any subsidiary, parent, related or affiliated organizations, OR TO ANY THIRD PARTY, except that where the Subscriber is a library or other public institution, Subscriber's rights to use the Service and the Database(s) are extended to the patrons of those institutions as well, so long as such use is in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved to MindDabbler.
5. Restrictions
(a) Subscriber shall not sell, distribute, loan, lease, or commercially exploit the Database(s), or any search output therefrom, or create any derivative work using the Database(s).
(b) Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of MindDabbler.
6. Personal Information
(a) MindDabbler will maintain as confidential all information regarding your credit card used to pay the Subscription fee, where applicable, and will not disclose such information to any third party except as may be necessary to validate the card or to implement charges for your Subscription, or as permitted by paragraph 8(b) hereof.
(b) You acknowledge and agree that MindDabbler may use other information about you which MindDabbler obtains either directly from you or which it obtains by the nature of your use of the Service as permitted by paragraph 8(b) thereof.
7. Proprietary Materials
(a) The Service contains copyrighted material, trademarks, and other proprietary information of MindDabbler (collectively "Proprietary Material"), including, but not limited to, text, software, photos, graphics, and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.
(c) Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
(d) BookDabbler service marks and other Center marks and logos are servicemarks and trademarks of MindDabbler. Other trademarks, service marks, and logos used in the Service Web Site or the Foundation Center's Web Site are the trademarks, service marks, or logos of their respective owners.
8. Subscriber Information
(a) For purposes of identification, billing, and marketing, Subscribers agree to provide MindDabbler with accurate, complete, and updated information required at the time of registration as a Subscriber ("Registration Data"), including your legal name, address, telephone number(s), e-mail address, and applicable payment data (e.g., credit card number and expiration date for Subscribers paying by credit card), and other information. MindDabbler reserves the right to verify the accuracy of this information. You agree to promptly notify MindDabbler of any change in your Registration Data. See paragraph 15 below for details on notifying MindDabbler of these changes. Failure to comply with this provision may result in immediate suspension or termination of your license to use the Service.
(b) MindDabbler reserves the right to reveal any Registration Data or other information in its possession regarding Subscribers and Additional Users in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.
9. Indemnification
(a) You agree to indemnify, defend, and hold harmless MindDabbler and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates") from and against any and all liability and costs (including attorneys' fees and costs) incurred by MindDabbler and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.
(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. MindDabbler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of MindDabbler.
10. LIMITED WARRANTY
(a) THE SERVICE AND THE DATABASE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH THE SUBSCRIBER.
(b) MindDabbler does not warrant that the functions of the Service will meet Subscriber's requirements or that the operation of the Service or the Database(s) will be uninterrupted or error free.
(c) MindDabbler shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service or the Database(s).
(d) MindDabbler has no control over the content of the World Wide Web sites or Portable Document Format (PDF) files of foundation IRS 990-PF filings that may be accessed from the Foundation Center Web Site or the Service Web Site through hypertext links ("Linked Sites"), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.
11. LIMITATIONS ON LIABILITY AND REMEDIES
(a) MINDDABBLER IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall MindDabbler be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if MindDabbler has been advised of the possibility of such damages.
(c) In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall MindDabbler's damages under any legal theory exceed the total fees paid by Subscriber under the license granted herein during the twelve months immediately preceding the date on which the cause of action arose.
12. Termination
MindDabbler may terminate the right of any Subscriber to access the Service at any time, with or without cause, in MindDabbler's absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a Subscriber's right to access the Service shall in no manner whatsoever limit MindDabbler's absolute right to terminate any Subscriber's access to the Service under this paragraph.
13. Modifications of Agreement or Service
(a) MindDabbler has the right to modify this Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon the earlier of (i) notice by electronic mail to the e-mail address last provided to MindDabbler by you; or (ii) fifteen days following the date that the modified Agreement is first posted on the Service. Your continued use of the Service following its effective date shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MindDabbler in providing the Service, including, without limitation, (i) any changes in the content of the Service, or (ii) any change in the amount or type of fees, charges, or assessments payable under this Agreement, is to terminate your Subscription and continued use of the Service by delivering proper notice thereof to MindDabbler in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective at the end of your current billing cycle, as set forth in paragraph 15(d)(7)(ii) below.
(b) MindDabbler may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to terminate your Subscription and continued use of the Service by delivering proper notice to MindDabbler in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective at the end of your current billing cycle, as set forth in paragraph 15(d)(7)(ii) below.
14. General
(a) Failure by MindDabbler to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
(b) This Agreement, and all other aspects of a Subscriber's use of the Service, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in Boca Raton, Florida. No demand for arbitration or action of any kind or nature arising out of this Agreement, or out of any use of the Service by a Subscriber, shall be brought by either MindDabbler or any Subscriber more than two months after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Palm Beach County Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys' fees.
(c) This Agreement constitutes the entire agreement between you and MindDabbler with respect to the Service and supersedes all prior agreements or understandings between you and MindDabbler with respect thereto.
15. Subscription Services, Fees and Policies
(a) The subscription services currently available through the Service are:
(1) Book Worm
(2) Book Scout
(3) Book Dealer
(c) MindDabbler reserves the right to increase any fees, charges, or assessments and to institute new fees at any time by notifying Subscribers via e-mail or posting a notice on the Service Web Site.
(d) The terms and conditions relating to Subscription fees and policies are as follows:
(1) Subscription Plans and Rate Schedule
You may subscribe to any subscription service described in paragraph 15(a) under a Single User Plan (available to individuals, companies, organizations or other legal entities), in which you are the only person authorized to use the Subscription
(i) Book Worm Subscription Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly Subscription fee for Book Worm is $5.00 (US Dollars)
(ii) Book Scout Subscription Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly Subscription fee for Book Scout is $7.00 (US Dollars)
(iii) Book Dealer Subscription Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly Subscription fee for Book Dealer is $9.95 (US Dollars)
(2) Billing Process and Procedures
(i) Monthly Recurring Subscription credit card payment- When you subscribe to a subscription service on a monthly Recurring Subscription, which requires credit card billing, you are agreeing to have your credit card billed automatically each month, unless and until you inform MindDabbler's Customer Service Department, via e-mail, that you wish to terminate your Subscription. However, please note that under paragraph 15(d)(7) below there is no proration of your monthly Subscription charge if you terminate your Subscription before the end of its monthly period. Your Subscription will be billed to your credit card, in advance, each month, on the anniversary of your Subscription start date. For example, if you subscribe on January 15th, your credit card will be billed at the then current monthly rate on that date for the period between January 15th and the following February 14th. Unless you provide notice of termination of your Subscription, your credit card will be billed once again at the then current rate, on February 15th for the period between February 15th and the following March 14th, and so forth. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.
(3) Credit Card Payment Process
(i) Credit card authorization – MindDabbler uses the services of PayPal to bill your credit card. In order to set up and continue services with Mindabbler Subscriber must agree to PayPal’s service agreement.
(ii) E-mail confirmation A confirmation notice will be sent to the e-mail address you provided on your registration form. This notice will be sent to those authorizing credit card payment immediately upon authorization of the credit card and will confirm your Subscription start date, User Name and Password Subscription), and the Subscription rate applicable to you. The e-mail notice will serve as your receipt; save it for future reference.
Note: If you have not received e-mail confirmations during the Subscription process, please notify our Customer Service Department by sending an e-mail to info@bookdabbler.com.
(5) Access to the Service
Upon the successful completion of your registration process and payment, you may immediately use the Database(s) included in your Subscription through a direct link that will be provided either on the Welcome page (for those who subscribe by credit card) or on the e mail account activation notice (for those who elect to pay by check). As an active Subscriber, you can access your Subscription at any time by clicking on either of the links below (you may wish to bookmark these pages to save time in the future):
(i) Cell Phone URL – http://www.bookdabbler.com/page1.asp
(ii) Web Site home page – http://www.bookdabbler.com
(6) User Name and Password
(i) Confidentiality - Upon successful completion of your registration and payment process, you may enter the Service Web Site through its home page, using the User Name and Password you chose during the registration process. You will need to enter your User Name and Password at this location each time you use the Database(s). Your User Name and Password are reserved exclusively for your use and the use of authorized Additional Users under Multiple User Plans. Please keep these confidential in accordance with the terms of this Subscriber Agreement.
(ii) Forgotten Passwords - Should you forget your Password, please contact MindDabbler's Customer Service Department.
(iii) Account Inquiries - You will be asked to supply your User Name and Password to MindDabbler's Customer Service Department when you inquire about your billing or account information. Each Subscriber under a Multiple User Plan understands that the Additional Users authorized by such Subscriber will be able to access billing or account information of such Subscriber, and hereby agrees that under no circumstances shall MindDabbler be liable to such Subscriber for any harm, damage, embarrassment or other circumstances arising about of or as a result of such access by an Additional User.
(7) Terminating Your Subscription
(i) Notifying the Foundation Center - If you wish to terminate your Subscription, you must do so by contacting MindDabbler's Customer Service Department via email at info@bookdabbler.com or by canceling service via the following web page: http://www.bookdabbler.com/members/mem_edit.asp. Canceling subscription does not cancel scheduled payments via PayPal. To Cancel payments via PayPal you will need to log into your account with PayPal and cancel the scheduled payment from there.
(ii) Termination and your billing cycle - As noted in paragraph 15(d)(2) above, your account is billed and payable in advance, each month or year (depending on the type of Subscription you have), on the anniversary of your Subscription start date. It is important to note that Subscriptions are not prorated. Once you notify MindDabbler's Customer Service Department that you wish to terminate your Subscription, MindDabbler will stop billing your account starting with the next monthly or annual billing cycle. Example: if you are on an annual Subscription and your start date is December 15th and you notify MindDabbler on July 15th of the next year to terminate your Subscription, your account would have already been billed through the end of your annual billing cycle (December 14th). You would be able to continue using the Service through the end of your current Subscription period, and your account would be terminated on that date. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.
(iii) Confirmation of account termination - Once you have notified MindDabbler's Customer Service Department that you wish to terminate your Subscription, MindDabbler will automatically send a confirmation notice to your e-mail address. This notice will include your Subscription end date; you can save this for future reference. You must cancel the scheduled payment via you PayPal account as well. MindDabbler can not do this.
(iv) Involuntary termination/non-compliance - MindDabbler reserves the right to terminate your Subscription based on our inability to successfully bill your credit card according to the terms outlined in paragraph 15(d)(3) above. In addition, MindDabbler reserves the right to terminate your Subscription at any time, based on non-compliance with any terms and conditions set forth in this Subscriber Agreement or for any other reason that MindDabbler finds appropriate.
(v) Re-subscribing - If you voluntarily terminated your Subscription, you may re-subscribe at any time to any subscription service provided through the Service, as long as your account was in good standing at the time of termination. To do so, visit the Foundation Center's Web Site at www.fdncenter.org, click on the link to The Foundation Directory Online Subscription Service, and follow the instructions for subscribing to the subscription service you desire.
(vi) This paragraph 15(d)(7) shall not apply to Additional Users.
(8) Changing Your Account Information
In addition to changes to your account referenced above, such as credit card and User Name/Password information, you should report any change in your contact information immediately (address, telephone, e-mail address) to MindDabbler's Customer Service Department. For fastest service, you may use the Subscriber Services area, accessible to Subscribers to the Service after logging in, to update your contact information automatically online, or to change your Password. You may also use the e-mail address or telephone numbers provided below. This paragraph 15(d)(8) shall not apply to Additional Users.
(9) Changing or Upgrading Subscriptions
Contact MindDabbler at info@bookdabbler.com to change or upgrade your subscription.
(10) Contact Information - Billing and Subscription Inquiries
MindDabbler's Customer Service Department is available to respond to your billing and account questions Monday through Friday, between 9:00 a.m. and 5:00 p.m., Eastern Standard Time.
(i) E-mail - send e-mails to info@mbookdabbler.com
(ii) Telephone - You may also call 561-317-7902
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Temporary Price Reduction on Book Dealer Subscription!
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Book Dealer subscriptions used to be $9.00 a month but for a limited time you can sign up for a subscription for just $5.00 a month. This price will be valid for as long as you keep your subscription! Sign up now and save!
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Get Back More Results!
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Use any BookDabbler cell phone service to enter as many ISBNs or barcodes as you want. Just seporated each with a period (.) and let BookDabbler queue up all the results.
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BookDabbler now searchs for more than just books!
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Use BookDabbler.com to search for books and other products from any of the following Amazon stores:
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