Terms of Use
These General Conditions govern the use of Booknet’s online service platform by readers and authors.
The column on the right gives a short explanation of the terms in plain English and is not legally binding.
These are terms that apply to you when subscribing to, buying or publishing a work via Booknet’s platform. You should read them. If you don’t accept these terms, you can’t use our services.
1. DEFINITIONS
Here we explain the meaning of the words and phrases we use in these terms.
1.1 Account means a personal account registered in the name of and used by the User on the Platform, which allows for purchasing, reading, listening to, reviewing and publishing Works as well as for communicating with Authors via the Platform. The prerequisite for creating an Account is the acceptance of this Agreement.
1.2 Agreement means these General Conditions.
1.3 Author means an individual who has created a Work published on the Platform and holds at least the author’s moral rights to the Work.
1.4 Booknet means Bukvar OÜ, a private limited company registered and operating under Estonian law, registry code 16623803, registered address Narva mnt 5, Tallinn 10117, Estonia or a subsidiary of Bukvar OÜ, or a company to which Bukvar OÜ will transfer all or part of the assets
1.5 Bookscription means the User's purchase of access to a Work-in-Progress.
Payment is made once. After the full text of the work has been published, the User who paid for access to the work-in-progress has access to the full text of the work throughout the lifespan of the platform.
1.6 Commercial Work means a Work available to the User for money at a price set by the Rightholder.
A work sold to a user by a rightholder.
1.7 Completed Work means a literary work created by the Author, which has a completed storyline and has been given the status ‘completed’ by its Rightholder on the Platform.
1.8 Content means the text (other than a Work) created on the Platform, above all, by Users, Authors and Publishers in the form of reviews of works, other posts and communication.
1.9 Non-commercial Work means a Work made available to the User by the Rightholder free of charge.
1.10 Party means the User or Booknet. In plural it means both of them together.
You, we and us.
1.11 Platform means the Site, mobile applications and other software solutions owned and operated by Booknet, which share the same database and allow for reading Works, reviewing them, communicating with Authors, publishing Works and receiving payments for Works sold.
We are not an online bookstore but a place where authors and readers can meet, communicate and learn from one another.
1.12 Price means an amount of money payable by the User to Booknet for the purchase of a Commercial Work via the Platform.
This is what you pay per purchased work.
1.13 Rightholder means an individual or entity who holds at least all economic rights of the Author to the Author’s Work published on the Platform.
Besides individual authors we also welcome publishers who want to distribute their authors’ works via our platform. Publishers need to hold the full economic rights of the author regarding their works.
1.14 Taxes means value added tax, income or other taxes payable under applicable law.
1.15 Third-party Services means third-party websites, applications, services or resources that the Platform may contain links to.
1.16 User means an Account holder who can search for, subscribe to, buy and review works, and communicate with Authors via the Platform, or an Account holder who can, in addition to all of the above, publish Works and communicate with readers via the Platform. Authors and Publishers are also considered Users.
A person who has created a user account with Booknet. A user may remain merely a reader of works and consumer of content or evolve into a creator of content or author by writing a work, uploading it in the process and publishing their work. We’ll explain it in detail below. Authors and other rightholders are also considered users but not all users are necessarily authors and other rightholders.
1.17 Work means a Completed Work or a Work-in-Progress.
The works that authors have written and published and with respect to which they have granted us an exclusive right to distribute and promote worldwide via our systems.
1.18 Work-in-Progress means a literary work that is in the process of being created and regularly updated by the Rightholder, does not yet have a completed storyline or the completed storyline of which has not yet been made publicly available and/or has not been fully published by the Author or Rightholder on the Platform or via any other channel.
A work-in-progress is not made available on paper.
2. ACCOUNT AND ACCESS TO THE WORKS
If you want to use our services, you need to create an account.
2.1 An individual or entity who wishes to gain access to or publish Content or Works on the Platform and take full advantage of the functions of the Platform must create an Account via the Platform. The prerequisite for creating an Account is the acceptance of this Agreement.
To be able to read free and paid works, communicate with authors and publish your own works, you need to create an account. In order to do so, you need to give us some information about yourself. Please read these terms and confirm to us that you accept them.
2.2 The User is a legal entity or a natural person who is of the adult age (the age of majority).
2.3 The User can have only one Account. The User is not permitted to transfer their Account to anyone else. If the User publishes their Work for marketing purposes, the User is permitted to create several Accounts via which they publish the Work.
One account for one person is enough to use our platform. Also, you cannot simply give your account to someone else.
2.4 A Work cannot be published in different Accounts.
2.5 The User must provide accurate, up-to-date and complete information about themselves when applying for registration of an Account and keep the information accurate, up-to-date and complete during the period of validity of the Agreement.
The information you provide must be true and kept accurate at all times.
2.6 The User is responsible for maintaining the confidentiality and security of their Account credentials and should never disclose their credentials to any third party. The User must notify Booknet without delay if the User suspects that their credentials have been lost, stolen or their Account has been otherwise compromised.
Keep your passwords secret and please do not share them with anyone! If someone else has accessed your account, let us know immediately so that we could take appropriate action.
2.7 If and as permitted or required by applicable law, Booknet may:
If required by law, we have the right to request and collect additional information about you so that no one gets into trouble with law.
2.7.1 ask the Author to provide their identity document and other information related to the Author and their Works;
2.7.2 undertake checks to help verify the Author’s identity or background or the legal status of the Works;
2.7.3 screen the User against third-party databases or other sources and request reports from third-party service providers.
3. END-USER LICENSE
3.1 Subject to the User’s compliance with this Agreement and payment of any applicable Prices, Booknet grants the User a limited, non-exclusive, non-transferable, non-sublicensable right to access the Works via the Account (end-user-license). For avoidance of doubt, this access right is not a copyright license, and the User receives no copyright or any other intellectual property rights to the Works.
Any unauthorized distribution, especially sale, of the works may be considered a crime that results in criminal prosecution by the authorities.
4. PUBLISHING OF WORKS
4.1 A User who publishes a Work on the Platform is deemed a Rightholder with regard to the published Work.
You can submit stories, novels and other publications, which may include multimedia such as audio and photographs that you have created for posting on the platform.
4.2 By publishing a Work on the Platform, the Rightholder certifies that they are solely responsible for their own publications of Works and the consequences of posting them on the Platform:
4.2.1 the Work is the Rightholder’s original work of authorship or the Rightholder has a license for the publication of the Work;
4.2.2 The Publication complies with the Rules for Publishing Works set out at http://www.booknet.ua .
The Rules for Publishing Works are available here: https://booknet.ua/info/pravila-publikacii .
4.3 The Rightholder expressly acknowledges and agrees that once the Rightholder submits their Work for publication on the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Work, including, without limitation, any personally identifying information that you may make available online. However, if Booknet provides the Rightholder with the option of limiting the sharing of a particular piece of Work at a particular time, Booknet will honor the option you have selected for that specific Work at that time, but any such selection shall apply only to that particular Work but not to all of your Works across the Platform.
4.4 The Rightholder is solely responsible for their published Works and the consequences of publishing them on the Platform.
4.5 Unless otherwise provided in the Agreement, the Rightholder retains all of their ownership rights in their Works. By submitting a Work to the Booknet, the Rightholder grants Booknet a non-exclusive, irrevocable, worldwide, royalty-free, sub-licensable and transferable license to distribute the Work (distribution right), display the Work to the public (right of exhibition of the work) and make the Work available to the public in such a way that the Users may access the Work from a place and at a time individually chosen by them (right of making the work available to the public) at Booknet’s own discretion including, but not limited to, to publish, publicly perform or display, transmit, stream, broadcast, and otherwise communicate in any manner such Work to provide and/or promote the Work and the Platform, in any media or platform, known or unknown to date and in particular in online and social networks. The above license granted by the Rightholder in the Works terminates within a commercially reasonable time after the Rightholder has removed or deleted their Works from the Platform or deactivate their Account. The Rightholder understands and agrees that Booknet may retain, but not display, distribute, or perform, server copies of the removed or deleted Works.
4.6 Booknet has no obligation to publish a Work submitted to the Platform. Booknet has the right, but not the obligation, to review the contents of the Work, and may remove any Work from the Platform at any time at its sole discretion.
5. USER CONDUCT
Some “dos and don’ts” to keep in mind when using our platform. We kindly ask you to follow the basic standards of behavior listed here.
5.1 The User explicitly agrees to follow the rules of User conduct listed below.
Follow the rules described in this chapter and do not help or induce others to break or circumvent these rules.
5.1.1 Act with integrity and treat others with respect.
5.1.1.1 Do not lie, misrepresent something or someone, or pretend to be someone else.
5.1.1.2 Be polite and respectful when communicating or interacting with others.
5.1.2 Do not scrape, hack, reverse engineer, compromise or impair the Platform.
5.1.2.1 Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Platform.
5.1.2.2 Do not hack, avoid, remove, impair or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Content.
5.1.2.3 Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Platform.
5.1.2.4 Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform.
5.1.3 Only use the Platform as permitted under the Agreement.
5.1.4 Do not use, copy, display, mirror or frame the Platform, any Content not created by the User, any Booknet branding, or any page layout or design without Booknet’s prior consent.
5.1.5 Do not copy, sell, transfer, lease, modify, distribute or publicly perform the Works which is not created in the own Account and create any derivative works therefrom in any manner.
5.1.6 Honor the User’s legal obligations.
5.1.6.1 Understand and follow the laws that apply to the User, including copyright, privacy, data protection, and tax laws.
5.1.6.2 Do not use the name, logo, branding or trademarks of Booknet or third parties without permission.
5.1.6.3 Do not use or register any domain name, social media handle, trade name, trademark branding, logo or other source identifier that may be confused with Booknet branding.
5.1.6.4 Do not publish Works that violate the laws or agreements that apply to the User.
6. PARTIES’ REPRESENTATIONS AND WARRANTIES
6.1 The Rightholder represents and warrants that at the time of entering into the Agreement:
6.1.1 the Rightholder holds all of the economic rights of the Author to the Works;
6.1.2 the Works are free and clear of any third-party rights that conflict with the obligations assumed by the Rightholder under the Agreement or that could reasonably affect the Rightholder’s ability to enter into the Agreement and perform the Rightholder’s obligations under the Agreement;
6.1.3 there are no current, pending or threatened lawsuits or other legal or regulatory proceedings against the Rightholder that could reasonably affect the Rightholder’s ability to enter into the Agreement and to perform the Rightholder’s obligations under the Agreement;
6.1.4 any documents and data given to Booknet by the Rightholder in connection with the Agreement (including, among other things, information related to the Works) is true, accurate, complete and not misleading in all material respects;
6.1.5 the Rightholder is capable of assessing and understanding the Agreement on their own or with the help of an independent professional advisor;
6.1.6 to the best of the Rightholder’s knowledge and based on all publicly available information at the time of entering into the Agreement as well as at the time of publishing the Works, the Works and parts thereof can be legally published and there are no reasons that could limit or restrict the performance of the Rightholder’s obligations in relation to the Works under the Agreement.
7. PAID WORKS
7.1 Some Works may be available to users only on a paid basis if the Rightholder decides to sell them on the Platform.
7.2 Commercial Works can be sold in different forms: i) by way of sale of a Completed Work; ii) by way of Bookscription, or iii) by way of sale of temporary access (rental) to a Completed Work.
7.3 By purchasing a Work by way of Bookscription, the User understands that there is a risk that the Author may not complete the Work.
Buy Bookscriptions only from Authors whose works you know and who you trust not to quit halfway.
7.4 Purchased Works are available to the User throughout the entire lifespan of Booknet. In case of purchasing temporary access to a Completed Work, it is available to the User for the rental period.
8 . PRICING
8.1 Booknet reserves the right to change prices for Works and other products offered at the Platform at any time and does not grant price protection or refunds in the event of a price drop or promotional offering.
9. INVOICING
9.1 The User can view their purchases and invoices in the menu titled ‘Purchases’ on their Account. Booknet may also send to the User an electronic invoice by email after the purchase.
9.2 Purchases made by the User on the Platform are non-refundable. If the User disputes any transactions charged to the User’s bank card, the User must contact Booknet within 5 days from the date of the disputed transaction.
10 . CONTENT
10.1 Content may be protected by intellectual property rights and applicable laws. The User acknowledges that all intellectual property rights for Content are the exclusive property of Booknet or its licensors, and agree that the User will not remove, alter or obscure any intellectual property rights notices. The User may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Platform, except to the extent the User is the legal owner of that Content or as expressly permitted in the Agreement.
10.2 By providing the Content (for example, reviews and other posts), the User grants Booknet a non-exclusive, irrevocable, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to use such Content at Booknet’s own discretion including, but not limited to, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, publicly perform or display, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks.
You own all of the content you provide to us, but you also grant us a non-exclusive license to it. Only provide us with content that you have the right to provide – don’t steal!
10.3 Content must not:
Here are some “don’ts” for you when creating content on our platform.
10.3.1 be discriminatory, harassing, obscene, violent, threatening, deceptive, or sexually explicit;
10.3.2 contain illegal content or endorse or promote illegal or harmful activity;
10.3.3 violate another person’s rights, including intellectual property rights and privacy rights.
10.4 The User is solely responsible for all User Content. Booknet is under no obligation to edit or control User Content that the Users post and will not be in any way responsible or liable for such Content. Booknet may, however, at any time and without prior notice, screen, remove, edit, or block any User Content in Booknet’s sole discretion, including pursuant to Booknet’s judgment that it violates the Agreement. The User understands that, when using the Platform, the User will be exposed to the Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. Booknet makes no representations or warranties as to the quality, origin, or ownership of any content found in the Platform. Booknet will not be liable for any errors, misrepresentations, or omissions in, of, and about, the Content, nor for the availability of the Content. Booknet will not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of Content. The User agrees to waive, and does waive, any legal or equitable right or remedy the User has or may have against Booknet with respect to such Content. If notified by a User or Content owner that the Content allegedly does not conform to the Agreement, Booknet may investigate the allegation and determine in Booknet’s sole discretion whether to remove such Content, which Booknet reserves the right to do at any time and without notice. Booknet will not be required to give the User any reason for deleting such Content or enter into any dialogue with the User. Booknet’s decision will be final. Booknet does not tolerate infringing activities on the Platform.
Our rights to edit and remove your content.
10.5 Booknet does not have any obligation to monitor or to control: (i) the Content; or (ii) the use of the Content by its Users. The User acknowledges and agrees that Booknet reserves the right to, and may from time to time, monitor any and all information and content (including the Content) transmitted or received through the Platform for operational and other purposes. If at any time Booknet chooses to monitor the content (including the Content), Booknet still assumes no responsibility or liability for such content, or any loss or damage incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with Booknet’s Privacy Policy.
We are not obliged to monitor or to control the content.
10.6 The User agrees that Booknet may make available services or automated tools to translate User Content and that User Content may be translated using such services or tools. Booknet does not guarantee the accuracy or quality of translations, and the User is responsible for confirming the accuracy of such translations.
Because our goal is to provide the service internationally, we may sometimes need to translate the content you create, and sometimes we may need your help to do so.
11 INTELLECTUAL PROPERTY
We’re providing you a notice about intellectual property rights.
11.1 The User acknowledges and accepts that the Platform, including the Works, graphics, user interface, audio and video clips, editable Content as well as scripts and software used for running the Platform contain protected data and materials which belong to Authors, Publishers and Booknet, their licensors and/or Content providers and are subject to applicable laws governing intellectual property rights (including copyright) and other legislation.
11.2 The User agrees not to use such protected data or materials in any way other than in compliance with the Agreement. The User refrains from transmitting and reproducing any Content and Work using any means or tools not explicitly permitted under the Agreement. The User agrees not to modify, rent, let, sell, share or distribute the Platform, Works and Content in any unauthorized manner.
11.3 Making Works and Content available to the User does not entail the transfer or assignment of the economic, commercial or advertising rights of the Works and Content to the User and it does not constitute the granting or assignment of the Author’s rights to the User.
11.4 Booknet, http://booknet.com , and all related logos included in or made available through the Platform are trademarks or registered trademarks of Booknet in the European Union and other jurisdictions. Booknet’s trademarks and trade dress may not be used in connection with any product or service that is not Booknet’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Booknet. The User may not use any Booknet logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from Booknet. All other trademarks not owned by Booknet that appear in the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Booknet.
Please don’t use our logo or brand without our prior consent. We have worked really hard for it and we don’t want anyone else to use our property in secret and without permission.
11.5 All intellectual property rights not expressly granted to the User in the Agreement or any applicable terms are reserved and retained by Booknet or its licensors, suppliers, rightsholders, or other content providers. Neither the Platform nor any part of it may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any purpose without express written consent of Booknet. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Booknet without express written consent. The User may not use any meta tags or any other “hidden text” making use of Booknet’s name or trademarks without the express written consent of Booknet.
12. REVIEWS
We give our users the opportunity to write (it is our hope, praising) reviews of the works that they’ve read on the platform, but we don’t check every review for accuracy. If the reviewer has broken the platform rules, let us know.
12.1 Users have the opportunity to review Works they have read.
12.2 Reviews are not verified by Booknet for accuracy and may be incorrect or misleading.
12.3 Booknet may remove reviews that contain no relevant information about the work or the Author.
12.4 When browsing Works on the Platform, reviews are ordered based on several factors that are relevant or helpful for Users, including the following factors: how recent the review is, the language of the review, the country where the reviewer resides, the length of the review.
12.5 User reviews are for exclusive use by Booknet. By providing the reviews and other posts, the User grants Booknet an exclusive, irrevocable, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to use such review at Booknet’s own discretion including, but not limited to, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, publicly perform or display, transmit, stream, broadcast, and otherwise exploit in any manner such review to provide and/or promote Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. The User is not entitled to publish, market, promote, copy, scrape, integrate, obtain, utilize, combine, share or otherwise use User reviews without prior written consent of Booknet.
Reviews written by users are intended for exclusive use and publication only on our platform. Therefore, we ask that you do not use the reviews outside our platform without our written permission.
13. TERM, TERMINATION AND REMEDIES
These terms become binding on you on the day you accept them and create an account to use our services.
13.1 The Agreement is made for an unspecified term.
13.2 The User may terminate the Agreement at any time by deleting their Account.
You can stop using your account or close your account at any time.
13.3 The Rightholder deleting their account must keep in mind that their Works purchased by Users will be retained by the Platform and will be available to other users throughout the lifespan of the Platform
If you are an author, your works purchased by users will remain available to them indefinitely.
13.4 Booknet may terminate the Agreement at any time by giving the User 30 calendar days of advance notice thereof.
We reserve the right to terminate our relationship regardless of cause at any time but we will notify you about it in advance.
13.5 Booknet may terminate the Agreement immediately and without prior notice, and stop giving you access to the Platform if:
However, if you seriously violate your obligations, we don’t have to give you prior notice and may terminate the agreement immediately. We sincerely hope that such situations will never happen.
13.5.1 the User is in a fundamental breach of the Agreement by giving misleading or false information to Booknet.
For example, if you are below the age of 18 years but you tell us that you are older or if you lie about who you are or if you are not the true author of the works that you have uploaded or if you misbehave, we will have to close your account.
13.5.2 the Rightholder is in a fundamental breach of the Agreement if the Rightholder gives mis leading or false information to Booknet or fails to provide Booknet with required documents.
13.5.3 the User violates applicable laws;
13.5.4 such action is necessary to protect the personal safety or property of Booknet, other Users or third parties (e.g., in the case of fraudulent behavior); or
13.5.5 the User account has been inactive for more than two years.
13.6 If the User violates the rules of the Platform, the rules for publishing Works, applicable laws or third-party rights, Booknet may, before the termination of the Agreement:
If the User violates the rules of the Platform, we will not always delete your account, but we may limit any functions. For example, take away the right to write reviews and reviews, restrict access to individual Works or the ability to purchase paid works
13.6.1 restrict the User’s access to or delete the User’s Work(s);
13.6.2 limit the availability of the functions of the Platform to the User for a limited or unlimited period of time;
13.6.3 suspend or remove reviews, posts or other Content.
13.7 In case of minor breaches or where otherwise appropriate, Booknet may give the User a notice of any intended measure and an opportunity to resolve the issue, unless such notification would:
13.7.1 prevent or impede detection or prevention of fraud or other illegal activities;
13.7.2 harm the legitimate interests of other Users or third parties; or
13.7.3 contravene applicable laws.
13.8 Booknet may take any action it considers reasonably necessary to comply with applicable law, or an order or request of a court, law enforcement or other administrative agency or governmental body.
13.9 If the User terminates the Agreement or if the User’s access to the Platform or the User’s account is suspended, or if Booknet terminates the Agreement, the end-user licenses to the Works purchased by the User will not be available to the User outside of the Platform.
If you unexpectedly terminate the agreement, or if your access to your account is suspended or limited, or if we have to terminate the agreement, all confirmed bookings will be automatically cancelled. However, we hope that such a thing will not happen in practice.
14. DISCLAIMER
This is where we inform you about what is in our power and what is not.
14.1 Booknet provides the Platform on “as is” and “as available” basis. Booknet does not guarantee the performance or non-interruption of the Platform.
We do not guarantee any specific quality. Of course, we want you to be happy with our environment and will do everything we can to make sure that you can enjoy it.
14.2 Booknet may, temporarily and in consideration of the Users’ legitimate interests (e.g., by giving prior notice), restrict the availability of the Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of Booknet’s servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.
It may sometimes be necessary to restrict the availability of the platform in order to carry out maintenance or to ensure the security of our platform. However, we do all of this only for the best user experience and we always try to do it without disturbing users.
14.3 Booknet is not responsible for outages or disruptions of the internet or the telecommunications infrastructure, which are beyond Booknet’s control and can lead to interruptions in the availability of the Platform.
If something as extensive as this happens, we will probably be suffering together with you.
14.4 Booknet does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Author, Work or Third-party Service.
No point to make empty promises about other people and their activities, right?
15. LIMITATION OF LIABILITY
15.1 Booknet is liable for a breach of the Agreement only if Booknet is at fault.
We will only be liable for breach of agreement if we acted with intent or were grossly negligent. However, we will do our best to ensure that such violations never occur.
15.2 Booknet’s liability for non-material damage or loss of profit is excluded.
15.3 Booknet’s aggregate liability towards the User for a breach of the Agreement is limited to the sums paid by the User to Booknet in the 12-month period prior to the breach giving rise to Booknet’s liability.
Any compensation of damages that we may pay to you in case of breach of our obligations shall not exceed the amount you’ve paid (or should have paid) us in the previous 12 months for our service.
16. DATA PROTECTION
16.1 Booknet processes the User’s personal data as described in Booknet’s Privacy Policy (accessible at https://booknet.com/en/info/privacy-policy ), considering relevant Estonian and EU law.
Privacy Policy is a very important document. You should read it carefully before accepting these conditions. We take data protection very seriously.
16.2 The User recognizes and agrees that Booknet’s Privacy Policy is not incorporated into the Agreement, and Booknet may revise the Privacy Policy at any time at its sole discretion, with or without following the procedures applicable to amendment of the Agreement.
17. GOVERNING LAW AND DISPUTE RESOLUTION
In the unlikely event that we end up in a legal dispute, you and Booknet agree to solve the dispute based on Estonian law.
17.1 The Agreement is governed by and construed in accordance with Estonian law, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to the Agreement.
17.2 The Parties will resolve all of their disputes, disagreements and claims by way of negotiations. Failing agreement, the dispute, disagreement or claim is resolved in Harju District Court (Harju Maakohus) as the court of first instance.
18. MISCELLANEOUS
Here we set out the conditions that fall under different topics.
18.1 Amendment. Booknet may revise the Agreement at any time. If Booknet makes changes to the Agreement, Booknet notifies the User of the upcoming changes by email no later than 30 days before the changes become. The notification period described above does not apply if Booknet has to revise the Agreement extraordinarily to address an unforeseen and imminent danger related to protecting the Platform, its Users or guests against fraud, malware, spam, data breaches or other cybersecurity risks.
These terms might change over time. But we’ll let you know at least 30 days in advance and post changes to the Site.
18.2 Agreeing with the amendment. If the User disagrees with the amendments to the Agreement, the User may terminate the Agreement immediately as provided in Chapter 13. If the User does not terminate the Agreement before the date, the revised terms become effective and continues using the Platform, Booknet will deem this acceptance of the revised Agreement.
If you keep using Booknet’s services after these terms have changed and gone into effect, that means you have accepted those changes and they’re binding on you. If you don’t agree with the changed terms, you should close your account.
18.3 Interpretation. The Agreement constitutes the entire agreement between Booknet and the User pertaining to access to or use of the Platform by the User and supersede any and all prior oral and written agreements between Booknet and the User. If any provision of the Agreement is deemed invalid or unenforceable, except as otherwise indicated, such provision will be omitted and does not affect the validity or enforceability of the remaining provisions.
In general, all the terms between us are set out here, and hopefully we understand everything in the same way.
18.4 No waiver. Booknet’s failure to enforce any right or provision of the Agreement does not constitute a waiver of such right or provision unless acknowledged and agreed between by the Parties.
We may demonstrate certain understanding and flexibility towards you if the circumstances call for it, but that does not mean that we give up our rights and interests.
18.5 Assignment. The User may not assign, transfer or delegate the Agreement to a third party without Booknet’s prior consent. The User’s right to terminate the Agreement at any time pursuant to Chapter 13 remains unaffected.
You cannot simply transfer this agreement or your obligations under this agreement to someone else without our permission.
18.6 Notices. Unless specified otherwise, any notices or other communications to the User permitted or required under the Agreement are given by Booknet via email, Platform notification or any other contact method enabled by Booknet, using the e-mail address or other contact information the User has provided for their account. All notices and communications between the Parties must be in English or Ukrainian.
Here are different ways to contact us. Although it is nice to know different languages, we only want to communicate in English, because that way is easier for everyone.
18.7 Third-party Services. Booknet is not responsible or liable for any aspect of Third-party Services. Links to Third-party Services made available via the Platform are not an endorsement.
We are not responsible if any third party does something wrong.
18.8 Force Majeure. A Party’s non-performance of the Agreement is excused if the non-performance is caused by Force Majeure. Force Majeure means circumstances which are beyond the control of a Party and which, at the time the Agreement was accepted, the Party could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof.
If you or us can’t keep its promises because something crazy happens beyond its control (think natural disaster, war, etc.), then that doesn’t count as a violation of the agreement.