Terms of Use


Terms of Use

  1. Club Basics

    By joining this Site, you become a member of a national club committed to sharing books (paperback, hardcover or audio). Each member lists books he or she is willing to send out upon request. After listing your first 10 books, you get two 'startup' Book Credits good toward the selection of any other club member's books (limit two startup Book Credits per household). For each book you send out that is received, you earn another Book Credit (two Book Credits for each audio book). With your Book Credits, you may order books from other members, who will ship them to you at their expense. Each bound (hardcover or paperback) book costs one Book Credit and each audio book costs two Book Credits.

    When other members order books from you, you ship the books at your expense (typically $2.38 in US Media Mail postage) and when the books are received, you earn one Book Credit for each bound (paperback or hardcover) book, and two Book Credits for each audio book.

    At present, Site membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.

    That is the service in a nutshell. There are no hidden gimmicks. We won't sell your name or e-mail address to spammers. You won't receive an avalanche of junk mail. We have nothing else to sell. The only emails we send out are ordering and shipping confirmations and an occasional e-mail newsletter detailing Site improvements or other service additions. The rest of this "Terms of Use" specifies our respective rights in further detail. Please read it. We hope you will join this exciting new venture that enables everyone to read more.

  2. License

    National Book Swap grants you a non-exclusive, non-transferable, license to access, use and display this Web site (the "Site") and to use the associated service, as long as you comply with this Agreement in its entirety. This Site is only for your personal, noncommercial use. You promise not to interfere in any way with the operation of this Site.

  3. Membership Eligibility

    This Site may be used only by persons 18 years of age or older. National Book Swap makes no representations whatsoever regarding the suitability of any items exchanged through this Site.

    One Account per Person, Maximum of Two Accounts per Address or Household
    No individual is permitted to register more than one account. No individual may register "for" another person, or manage more than one account. No more than two accounts are permitted per address or household. Only one account per household will be eligible for startup Credits.

    No Institutional Membership
    Membership is permitted for individuals only. No organization, institution or other association may become a member or participate of the service.

    Registration in Own Name
    Accounts may be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. National Book Swap prosecutes fraud to the fullest extent of the law.

    Transferability
    Your account and Book Credits are not transferable.

    Correctional Institution Inmates Prohibited
    This Site may not be used to ship books to or from any jail, prison or correctional facility of any kind. Inmates at any jail, prison, or correctional institution are expressly prohibited from using this service. By agreeing to these Terms of Use, you acknowledge that you are not currently incarcerated in any jail, prison, or correctional facility of any kind and further agree not to allow your account to be used by any inmate at any jail, prison, or other correctional facility.

  4. Exchanged Material

    By using this Site, you agree to participate in the free exchange of personal property, including but not limited to books, audio books, videotapes, DVDs, video games, CDs, and other items as may be deemed appropriate for inclusion by the Site.

    Listing or Posting
    By listing or posting items for selection by the exchange community, you aver that you are the sole owner of the items and have the unrestricted right to transfer ownership thereof. By posting or listing an item for exchange with the Site, you agree to ship the item when requested. The posting or listing of items without the intention of exchanging them when requested is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law. The listing or posting of items for exchange that you do not have in your physical possession is expressly prohibited.

    Intellectual property
    You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.

    Sexually explicit, pornographic, or obscene material
    You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature.

    Defective items
    Members who have an item returned to them as defective agree not to re-list that same item for exchange unless and until the defect has been resolved.

    Items in violation of law
    You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.

    Additional Mailings
    This site is designed for the exchange of media items requested by other club members. Members shall not include additional material such as advertising, commercial solicitations, political materials, religious tracts or similar items in any requested mailing. Members further agree not to use member names, addresses, member lists, or any subset thereof for the development of mailing lists or the distribution of advertising, commercial solicitations, political materials, religious tracts or similar items, whether or not included with requested media.

    No Site Review
    You understand that National Book Swap cannot review items posted to the Site. You agree to assume full responsibility for any items posted to your account and shipped by you. You agree to indemnify and hold National Book Swap harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability.

    Ownership Transfer
    By shipping a requested item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items exchanged through this service become the sole property of the recipient with no obligation to re-list the item.

  5. Shipping

    You agree to respond to all valid requests to ship posted items in a timely manner. Failure to promptly ship posted items may result in a forfeiture of Book Credits for future exchanges. You agree to ship all items at your own expense.

    Address
    Members are required to provide a current, dependable, and secure mailing address at which items may be reliably received. In the event of a change of address, Members are responsible for updating such changes to their Site account. Failure to report change of address in a timely fashion may result in loss of Book Credit for misaddressed items.

    Item Receipt
    Members shall promptly report to Site when items have been received in order to facilitate credit for shipping members. Failure to promptly report item receipt may result in forfeiture of Book Credits and/or account suspension, in the sole discretion of Site.

    Lost or Damaged Items
    National Book Swap is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Book Credits are only earned when items are received in good condition by the requesting member. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between members regarding the shipment or condition of an exchanged item, National Book Swap will attempt to mediate the dispute and may, in its sole discretion, grant Book Credits or other compensation to members who have shipping or condition problems.

    Members making inappropriate reports of damaged or lost items may be subject to Book Credit forfeiture and/or account suspension, in the sole discretion of Site.

  6. Posted Communications

    National Book Swap may make available to users of the Site, message boards, opinion forums, bulletin board services or other interactive communication facilities. National Book Swap cannot review all communications made on or through the Site. However, National Book Swap reserves the right to monitor the Forums and edit, modify or delete any materials which National Book Swap in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any National Book Swap policy, either written or unwritten. National Book Swap further reserves the right use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of National Book Swap. You agree not to use National Book Swap forums for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.

    Paperbackswap.com members may, if they choose, submit their original work in the Eclectic Pen, PBS Tutorials section, or other communications forums that Site may choose to make available. By posting material to these sections, users agree to the following terms:

    Those submitting original material grant National Book Swap an irrevocable license to publish posted material, either on this or an affiliated web site, or in some hardcopy form, for a period of five years from the date of submission, without any compensation to the author whatsoever. At the conclusion of any such five year license period, members who wish to terminate the right of National Book Swap to publish or make available posted communicatiosn shall notify National Book Swap, in writing, of their intent to terminate National Book Swap's license and shall allow National Book Swap sixty days following receipt of such notice to remove any posted commications from Site.

    Submissions must be original. Those submitting material agree to indemnify and hold National Book Swap harmless for any unauthorized posting of copyrighted works.

    Submissions may not be libelous or defamatory. Those submitting material agree to refrain from submitting any libelous or defamatory material and to indemnify and hold National Book Swap harmless for any such postings.

    Submissions may not be illegal, threatening, sexually explicit, pornographic, obscene, or otherwise objectionable. Those submitting material agree to refrain from submitting such material and to indemnify and hold National Book Swap harmless for submissions that result in liability for National Book Swap in any way whatsoever.

    Participants who comment on submitted works agree to do so in a respectful manner and avoid engaging in personal attacks or demeaning others' efforts. Participants understand and agree that the purpose of this service is to provide a forum for expression and the exchange of ideas between writers and readers. Those who do not respect the rules may be banned from participation.

    National Book Swap may make available to members links to other sites not owned or affiliated with Site. Site makes no representations whatsoever regarding the suitability or appropriateness of linked sites, provides no endorsement of outside companies, nor accepts any liability whatsoever for such links.

  7. Box-O-Books

    Participants in the Box-O-Books service agree to exchange multiple items with other members without the use of Book Credits. Each Box-O-Books participant bears their own expenses for shipping and also bears the risk of nonreceipt of or damage to the exchanged items. In the event of nonreceipt, damage, or other problems associated with a Box-O-Books exchange, National Book Swap assumes no liability. National Book Swap may, in its sole discretion, attempt to mediate disputes between dissatisfied Box-O-Books participants or provide compensation in the event that mediation is unsuccessful, but is under no obligation to do so. Box-O-Books participants agree to hold National Book Swap harmless from any liability associated with participation in the Box-O-Books service.

  8. Fees and Payment

    At present, the use of the Site is free, except that users agree to mail items at their own expense. National Book Swap may charge fees for continuing use of the Service, provided that all users will have the opportunity to opt out before incurring any charges. National Book Swap may also charge fees for incidental benefits associated with membership. Fee-based goods and services include but are not limited to: Paperbackswap merchandise, Book Credits, Box-O-Books participation, delivery confirmation, Book Journal, wish lists, or other services, in the sole discretion of National Book Swap. Fees may be added, discontinued, or changed at any time without notice. Once a member elects to purchase a fee-based good or service, payments are non-refundable.

  9. Credit Accounts

    When you order a book, one Book Credit will be subtracted from your credit account (two for audio books). When you ship a book and the recipient acknowledges receipt, you get a Book Credit added to your credit account. Book Credits may also be purchased for a fee from Site. Book Credits have a cash value of 1/20th of one cent. National Book Swap reserves the right to change the cash or exchange value of Book Credits at any time without prior notice and without any compensation to members with existing Book Credits.

    Dormant Accounts
    An account may be deemed "dormant" when no items have been ordered, shipped, or purchased within any 1 year period. Dormant accounts may be closed and any accumulated Book Credits forfeited without compensation to the account holder.

  10. Money Accounts

    National Book Swap accepts credit cards, money orders, checks, and PayPal as a means of adding funds to a member's PBS Money account. PBS Money can be used to purchase PBS Printable Postage, PBS Delivery Confirmation, Custom DC and other services as defined in the Kiosk; PBS Money has no redeemable cash value. National Book Swap reserves the right to change the price of Book Credits and other goods or services at any time without prior notice and without any compensation to members with existing funds in their PBS Money accounts. Funds added to a member's account are earned by National Book Swap when deposited and are non-refundable.

    Dormant Accounts
    An account may be deemed "dormant" when no items have been ordered, shipped, or purchased within any 1 year period. Dormant accounts may be closed and any accumulated PBS Money forfeited without compensation to the account holder.

  11. Service Termination

    National Book Swap reserves the right to terminate service at any time without notice. In the event of service termination, Site members will not be entitled to any compensation for outstanding Book Credits, whether earned through book shipments or purchased.

  12. Connection Charges

    You are solely responsible for any fees involved in connecting to this Site, including telephone and long distance charges, computer charges, online subscriptions, etc.

  13. Refunds

    Users who are dissatisfied with this service may cancel within the first 45 days of use and receive a refund, in the event that fees have been paid for use of this site, computed according to the following schedule:

    • No Book Credits used: Full refund
    • 1 Book Credit used: 50% refund
    • 2 Book Credits used: No refund

    Regardless of the number of Book Credits used, no refunds will be issued after 45 days of service.

  14. Distribution of Site Materials, Posted Items

    You agree not to post, transmit, link to, or otherwise distribute to the Site or site materials, including but not limited to, product lists and program terms.

  15. Commercial Use Prohibited

    This Site and the associated service are to be used for non-commercial purposes only. Commercial use of the Site or associated service is absolutely prohibited and constitutes a breach of this contract, giving rise to substantial damages. Commercial use includes but is not limited to the following:

    • Any systematic effort to resell ordered items online or in person
    • Any use of bots or other systems to repeatedly access the site in an automated fashion
    • Use of the search function on the site for any purpose not directly related to participation in the book exchange

    Commercial use will result in immediate cancellation of service and forfeiture of Book Credits. You hereby agree that damages from the commercial use of this site are difficult to compute. Damages from breach of this commercial use provision shall therefore be set at $10 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and you waive your right to contest these damages in a court of law or other proceeding.

  16. Competitor Use Prohibited, Liquidated Damages for Competitive Use

    This Site and the associated service are to be used for non-competitive purposes only. Use of the Site or associated service by competing businesses, affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this contract, giving rise to substantial damages.

    If you are an owner, employee or other associate of a competing site (other than simply a member), you hereby agree that damages from the unlicensed visitation of this site are difficult to compute. Damages from breach of this competitor provision shall therefore be set at $10 per unauthorized Site visit. You hereby agree that such damages are a reasonable estimate of actual damages and waive your right to contest these damages in a court of law or other proceeding.

  17. Copyrighted Materials

    These Terms of Use and other written, graphic, and pictorial materials on this site are fully protected by U.S. and international copyright laws. Duplication, distribution, or other use of these materials without express written permission of National Book Swap is expressly prohibited. Any reproduction, storage, transmission, or other use of the materials on this site, including, but not limited to these Terms of Use, without the express written permission of National Book Swap will result in substantial civil and criminal liability.

  18. Password

    Use of this Site requires a password. You agree to maintain confidentiality of your password and are solely responsible for all activities associated with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of this agreement and may result in account termination.

    If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Site) you should notify National Book Swap immediately of the problem to avoid possible liability for unauthorized charges to your account or unauthorized use of your Book Credits.

  19. Trademarks & Copyrights

    The web pages on this Site are owned by National Book Swap and are the sole property thereof. National Book Swap retains all rights, title, and interest in the content of these web pages. You agree not to use any trademarks, service marks, names, logos, or other identifiers of National Book Swap without the express written consent of National Book Swap.

  20. Patents

    One or more patents apply to this Site and its features and business processes, including but not limited to US Patents and patents pending and all corresponding foreign counterparts.

  21. Copyright complaints

    National Book Swap respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact National Book Swap and provide the following information:

    • A description of the copyrighted work that you claim has been infringed;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A sworn statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    You may contact National Book Swap at the following address:

    3651 Peachtree Parkway Suite E-390
    Suwanee, GA 30024

  22. DISCLAIMER OF WARRANTY

    ALL ITEMS EXCHANGED THROUGH THIS SITE AND THE ASSOCIATED SERVICE ARE PROVIDED BY THE SITE MEMBERS "AS IS." NATIONAL BOOK SWAP MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITH RESPECT TO ANY ITEMS EXCHANGED THROUGH THIS SITE OR THE ASSOCIATED SERVICE.

  23. Limitation on liability

    USE OF THIS SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NATIONAL BOOK SWAP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE NATIONAL BOOK SWAP SITE OR ASSOCIATED SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHER THEORY OF LIABILITY) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE NATIONAL BOOK SWAP SITE.

  24. No class actions

    You forever waive your right to participate in any class action against National Book Swap, its successors, subsidiaries, affiliates, or assigns, whether in a court of law, administrative body, through arbitration, or any other process in a joint action with other similarly situated complainants. No legal, arbitrative, administrative, or other action against National Book Swap, its successors, subsidiaries, affiliates, or assigns, may be combined with any other action and you agree that you will consent to any motion to sever any action of which you are a part and proceed against National Book Swap individually.

  25. Arbitration

    You agree that any claim or dispute against National Book Swap, its successors, subsidiaries, affiliates, or assigns, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration, except that, to the extent you have in any manner violated or threatened to violate National Book Swap's rights, National Book Swap may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by the National Arbitration Forum, under the Code of Procedure then in effect, with costs of the proceedings born equally by you and National Book Swap. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. If for some reason this arbitration provision does not apply, we each waive our right to any trial by jury.

  26. Termination

    National Book Swap reserves the right to immediately terminate the service and forfeit all Book Credits of any member who National Book Swap determines, in its sole discretion, has violated one or more conditions of this contract. In the event such termination occurs, National Book Swap has no obligation whatsoever to refund any portion of fees paid or to pay compensation for Book Credits forfeited or lost use of Site privileges.

  27. Agreement Modifications

    National Book Swap reserves the right to alter this agreement at any time, without consent. You agree that all changes apply immediately to your relationship with National Book Swap from the moment the changes are posted to the Site. Continued use of the Site or associated service following any change to the Terms of Use constitutes acceptance of all changes thereto.

  28. Force Majeure

    National Book Swap shall not be liable in damages for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of National Book Swap.

  29. Severability

    In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provision of the Agreement either void or unenforceable, and all other provisions shall remain in full force and effect unless the provisions which are void or unenforceable shall substantially affect the rights or obligations granted to or undertaken by either party.

  30. Entire Agreement

    This Agreement constitutes the "entire agreement" between the parties. No warranties, conditions, or representations (including any that may be implied by statute) have been made and there are no agreements between the parties other than those specifically set forth herein. No individual modifications to this Agreement shall be of any force or effect unless reduced to writing and signed by both parties hereto and expressly referred to as being modifications of this Agreement.

  31. Forum Selection

    This Agreement and the documents to be entered into pursuant to it shall be governed by and construed in accordance with the law of the state of Georgia, USA, with Atlanta, Georgia, USA the site of any hearings or other proceedings pursuant to this agreement.

The "Terms of Use" contained in this document constitutes a legal contract between you and National Book Swap, LLC, organized under the laws of the State of Georgia with its principle place of business at 3651 Peachtree Parkway Suite E-390, Suwanee, GA 30024.