Lendle

Overview

Updated 7/31/12

By signing up for Lendle, you have agreed to abide by these Terms of Service in their entirety. Notably:

  1. You agree that you have purchased all of the books which have been or will be added to your account, whether they are lending-enabled or not.
  2. You agree that you will not use any email address, provided by any other member of Lendle, for any purpose other than to fulfill lend requests.
  3. You agree that, as part of your participation on Lendle, you will not attempt to game the system by consenting to lend books without actually completing the lends, or in any other fashion. Acts which constitute “gaming the system” will be determined at Lendle’s sole discretion.
  4. You agree that you will not harass, insult, demean, stalk or otherwise abuse any employee of Lendle, any member of Lendle, or any entity participating on the official Lendle blog or Clubs (also referred to as groups).
  5. You agree that you will not publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, hateful, or threatening; incites violence; or contains nudity or graphic or gratuitous violence, or is unlawful material or information.
  6. You will not bully, intimidate, or harass any user.
  7. You will not use Lendle to do anything unlawful, misleading, malicious, or discriminatory.
  8. Children under 13 are prohibited from using Lendle. Children 13 and over may participate with the permission and guidance of their parent or guardian. Users of all ages are warned not to provide profile information without weighing the risks and benefits, and never to provide their phone number, address or other critical personal data on-line.
  9. You agree that you will not attempt to hack, break, or circumvent Amazon’s lend restrictions.
  10. You agree that Lendle offers no guarantees as to the ability to borrow and lend books.
  11. You agree that failure to follow any aspect of Lendle’s Terms of Service will result in a) the loss of accrued borrow points and/or b) termination of your account, at Lendle’s sole discretion.
  12. You understand that no refunds will be provided for payments made to Lendle.

The Details

All terms and conditions cover the use of the Lendle.me website and its associated content, services offered on or through the website. Lendle.me is offered subject to your acceptance of all terms and conditions contained herein as well as all rules, policies and procedures which may be published on Lendle.me by its owners.

By accessing or using any part of Lendle.me, you agree that you are bound by the following terms and conditions. If you do not agree to any of the following terms and conditions, access to Lendle.me and its services is prohibited. Lendle.me is available to individuals who are 13 or older. The Children’s Online Privacy Protection Act (COPPA) severely restricts what information can be collected from children under 13. For this reason, children under 13 are prohibited from using Lendle. Children 13 and over may participate with the permission and guidance of their parent or guardian. Users of all ages are warned not to provide profile information without weighing the risks and benefits, and never to provide their phone number, address or other critical personal data on-line. Lendle.me (“Website”), is a service which provides an avenue for registered members (“Users”) to borrow and loan Amazon Kindle ebooks with other users. This service is offered as a free of charge and as a pay service. In exchange:

  1. User warrants that he or she has provided Lendle.me with accurate, complete, and current information at the time of registration and agrees to correct and update that information to ensure its accuracy and completeness at all times. Falsification of registration information, or failure to comply with these Terms of Service may result in loss of privileges provided on Lendle.me. All users who register with Lendle.me will receive a password and an account. Each member is entirely responsible for any and all activities conducted through their Account.
  2. Upon registration you may be asked to choose a user name to identify yourself to other Lendle.me users and Lendle.me staff. You may not select a name that violates any third party’s trademark or other proprietary right, which is or may be illegal to use, which may cause confusion with respect to the person’s identity or association with other entities, or which Lendle deems in its discretion to be vulgar or otherwise offensive. Lendle reserves the right to delete any vulgar or otherwise offensive user name, or to require the deletion thereof.
  3. Users whose accounts have been terminated by Lendle may not access Lendle in any manner or for any reason without the express written permission of Lendle. Active users may not knowingly allow former users who have been terminated to use the active users account.

Use of Content

You acknowledge that the Site contains or may contain information, software, books, ebooks and other material (collectively, “Content”) which is protected by copyright, trademark or other proprietary rights of Lendle and its affiliates or other third parties (including other users). You agree that website contains or may contain information, software, books, ebooks and other material You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these terms and conditions and any other agreement entered into at the time such Content was downloaded. Content is provided to the Site through third parties (Amazon, Inc). Use of Lending of books, ebooks, software or other filetypes are at the discretion of the licensing third party. Users of Lendle.me are bound by the terms and conditions of all Lendle third parties (Amazon, Inc). Users may not upload, transmit, or directly download ebooks, software, or other filetypes directly to other members or their accounts, computers, or devices. Any book lends or other transactions are to be conducted through transfer methods designated directly by the licensing third party. Third party Content rights are not to be circumvented, ignored and any mechanisms protecting Content rights, such as Digital Rights Management (DRM) protections or other means are not to be tampered with, removed, reverse engineered, circumvented or ignored.

Indemnification

Lendle.me users shall indemnify, defend and hold harmless Lendle.me, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages incurred by Lendle.me as a result of such breach or breaches. Lendle.me reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting user’s indemnity obligations.

Control of Operations

  1. Lendle.me, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of other entities.
  2. Lendle.me reserves the right, but does not assume the responsibility, to restrict conduct which Lendle.me deems in its discretion to be harmful to individual members, damaging to the communities that use Lendle, or in violation of Lendle’s or any third party’s rights.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any blogs, clubs (also referred to as groups), or other exchanges accessed on or through the Site, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  • Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
  • Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  • Download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Lendle’s business.

You acknowledge that Blogs and Clubs are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Lendle and no communication of a third party or Content may be considered reviewed, screened or approved by Lendle. As explained below, Lendle reserves the right for any reason to remove without notice any communication, content or other material posted to the Site. You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Lendle user accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Lendle and its licensors, and you agree that during the term of this Agreement and thereafter you shall not, without the express written consent of Lendle, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement or as required by applicable law. For the purposes of this Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Lendle, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Disclaimers

Lendle expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade. Lendle makes no warranty with respect to any legal advice or information regarding proper legal use of any book, ebook, file or software. Nothing on this website is intended as legal advice and Lendle makes no claims or warranties as to the validity or correctness of any information that user may assume is correct legal information or advice. Members are responsible for consulting their own attorneys to determine fitness of books, ebooks or software for particular purposes. Member agrees to hold harmless Lendle from any claims related to user’s usage of books, ebooks, files or software.

Lendle, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Lendle. Lendle may remove any content from the Website without any liability to users. Users are responsible for assessing their computer and transmission network needs, and the results to be obtained therefrom. Lendle assumes no responsibility for any actions or liabilities arising from the possession or use of books, ebooks, files, or software obtained via Lendle.

Lendle makes no warranty that service will be uninterrupted, timely, secure, or error free. Lendle makes no warranty as to the use or the results that may be obtained from the use of Lendle. Lendle makes no warranty with respect to any related software or hardware used or provided by Lendle. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

Lendle Patron

User can elect to sign up for the optional Lendle Patron membership service. The functionality provided with the Lendle Patron membership service is not guaranteed and may change at any time. This service can be purchased online via PayPal. The Patron service will be purchased through the Site for the price specified on the Site at the time of your purchase.

Lendle Patron Expiration and Refund Policy

Lendle Patron is non-refundable and does not expire. You agree, upon signing up for Lendle Patron, that no refunds will be provided. Your one time membership fee will provide you access to Lendle Patron. You agree that the Lendle Patron service could be modified or eliminated, at any time, at the sole discretion of Lendle. Certain business impacts could result in the elimination of the Lendle Patron offering. This business impacts include, but our not limited to, bankruptcy, sale of Lendle, and the shut down of the Lendle.me web site. By signing up for the Lendle Patron service, you are agreeing to the afore mentioned conditions.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LENDLE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF LENDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, LENDLE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TWO ($2.00) UNITED STATES DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LENDLE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Term and Termination

This Agreement is effective until terminated. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of Lendle in operating Lendle, (ii) content available through Lendle or change therein, is to terminate your account with Lendle by notifying Lendle of your desire to terminate via the Lendle.me contact page, or by such other means of written notice acceptable to Lendle which enables confirmation of your identity and your intention to terminate. Lendle reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access to the Site at any time for any reason without prior notice or liability. Lendle may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Lendle may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Lendle.

Termination of this Agreement shall operate without prejudice to the Lendle’s rights, defenses and limitations of liability provided under this Agreement, which rights, defenses and limitations of liability shall survive termination of this Membership Agreement.

Age and Responsibility

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

Managing Content

Lendle does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Lendle reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Lendle shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Lendle to determine Accepted Content is done as a courtesy only.

Severability

If any term or provision of this agreement is found to be unenforceable for any reason, this agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

Entire Agreement

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the understanding between you and Lendle. Excluding any Lendle Special Licensing agreement(s), this agreement supersedes any proposal or prior agreement, oral or written, and any other communication between you and Lendle relating to the subject matter of this agreement.

Revision of Agreement

Lendle may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website. You agree to review the Agreement prior to any transaction or trade to make yourself aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership by notifying Lendle of your desire to terminate by email. Your notice of termination will be effective upon return receipt or notification by Lendle.