Terms of Use

Welcome to the online service of Pebble LLC (Pebble), doing business as Chaptr, Chaptr.co, and www.chaptr.co. These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by Pebble under the business name Chaptr.co. By accessing or using the Pebble website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Pebble Privacy Policy. These Terms apply to all visitors, users, and others who access the service (“Users”).

Use of Our Service

Chaptr allows individual users and groups to create and join online group reading sessions and book clubs (Group Reads, Book clubs).

Accounts

Chaptr users create accounts for the purposes of accessing the service, engaging with other users, and making purchases through the Chaptr website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.

Age

We provide gifts for people of all ages, but Chaptr does not knowingly collect personally identifiable information from children under the age of thirteen. You must be at least 13 years of age to use the Chaptr website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 13 years of age and you understand and agree to these Terms; (b) if you are between the ages of 13 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Pebble website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Opt-Out and Unsubscribe

Chaptr understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Chaptr by contacting us here: privacy@chaptr.co.

Purchases and Payment

If you wish to purchase any product or service made available through the Chaptr website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. You acknowledge that Chaptr is not liable for any breaches of credit card or debit card security or privacy. We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Content Policy

• You must own or control the copyright to any image, video, footage, text, audio, or any other content that you upload or post to the Chaptr Site (“Your Content”). This means that you cannot submit work obtained from other sources (e.g., online image search results or websites), or incorporate such work into your content submissions, unless you have permission to do so.
• You represent and warrant that: (i) you have all necessary rights to submit Your Content to the Chaptr Site; (ii) Chaptr will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
• You will retain ownership of Your Content. By uploading Your Content, you grant Chaptr a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Chaptr Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove or request to have removed Your Content from the Chaptr Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
• Please note that, while you retain ownership of Your Content, any template or layout in which you arrange or organize Your Content through tools and features made available through the Chaptr Site and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
• You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Your Content to use such individual’s likeness, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address).
• You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
  • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
  • Includes or embeds your own watermark, website name, or copyright notice in Your Content; or
  • Violates any law, statute, or regulation.
• When submitting content that relates to race, ethnicities, disabilities, age, religion, gender, or sexual orientation, you agree to depict and/or describe the members of these groups in ways that accurately and respectfully represent their identities. Suitable content will generally:
  • Cause no harm to any particular person or group of people
  • Portray people of various backgrounds in ways that humanize them and do not reduce their identity
  • Use current, non-offensive terminology in titles or keywords or in the content itself
  • Use neutral/positive and culturally appropriate language to describe individuals
• You agree that Chaptr may (but is not obligated to) filter Your Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any of Your Content and/or disclose any of Your Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms, or to comply with legal obligations or governmental requests. Chaptr reserves the right to remove any previously accepted content submission from our library, and reserve the right to reinstate any previously accepted content submission which was later removed by a Chaptr administrator, at any time for any reason.
• You agree to indemnify and hold Chaptr, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) Your Content; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
• Chaptr LLC is not responsible for, and will have no liability for, the removal, non-removal or loss of any of Your Content from our Chaptr Site and Apps. We recommend you keep backup copies of Your Content on your hard drive or other personal system.
• You may not use any Chaptr Content including visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site for any purpose without first obtaining a license to use such Chaptr Content. Any use of Chaptr Content by you shall be governed by the applicable license agreement separately entered into between you and Chaptr. Displaying and/or distributing to the public any watermarked or unlicensed Chaptr Content (whether incorporated into a derivative work or alone) constitutes copyright infringement. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

Indemnification

You agree to defend, indemnify and hold harmless Pebble and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Chaptr website.

Limitation of Liability

In no event shall Chaptr, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimers and Warranties

The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Chaptr disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranty arising out of course of dealing, usage, or trade. Chaptr does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding Chaptr or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

Statement Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent