Welcome to Giant Book. This Agreement governs your visit on our website and use of the services we offer on www.Giantbook.com. These Terms are legally binding between you (also referred to as:“Subscriber”, “User”, “you” or “your”) and Giantbook LLC, a company incorporated under the laws of United Stated, Delaware (also referred to as: “we”, “us” or “our”).
By visiting our website and using our services, you accept and agree to be bound by these Terms, and all future changes. The latest version of our Terms will be effective when they are published on our website and replace automatically all previous versions. Each visitor on our website and Subscriber to our services is responsible for checking our website on a regular basis and be aware of any changes in these Terms. In any event, the continued use of our services means you have agreed with the most recent version of these Terms.
2.1. Messages. We allow only one message per user, and the size of each message will be limited to a total of 3750 characters. Once the message has been paid and published, Subscriber may delete it. As a consequence, any rating connected to that message will also be deleted. However, we do not allow any changes to an existing message. The user is solely responsible for the content of its posts.
2.2. Book Publishing. In order to publish the book, we need to collect at least a hundred thousand (100,000) messages, for which no time limit will apply.
2.3. Illustrations. For every one hundred (100) pages, we allow one illustration in each book. The way in which illustrations are selected, is by a voting system on our website. We may increase or decrease this number and post any illustration we deem suitable.
2.4. Forbidden Content. In accordance with the stipulations in these Terms regarding copyright protection, User’s Messages, Illustrations and its Avatar should not violate any third-party’s copyrights. In addition, the message must not pose a threat, call for violence, or contain defamatory statements. In accordance with the Terms of this Agreement, we may terminate this Agreement with immediate effect.
2.5. Parental Consent. In case you are, according to the applicable law, incompetent or haven’t got the legal capacity to enter into this Agreement, because of your age or mental state, you must always ask permission to your parent(s) or legal guardian before you use our services.
2.6. Fundraising. We may in our sole discretion may decide to organize a fundraising campaign with the goal to send the book with Users’ contributions into space. In order to do so, we will make an estimate of all costs, and start a fundraising campaign.
3.1. Fees. We apply, in accordance with the pricing section on our website, the following fees with regards to the purchase of characters:
3.2. Gift Certificates. We may issue Gift Certificates which represent either the indicated purchase amount or a discount percentage.
3.3. Fee Changes. We reserve the right to amend all the above mentioned fees. You agree to pay all charges, including all applicable taxes, in accordance with the terms set out in this Agreement.
4.1. Refunds. Only when a submitted message has been deleted, all paid fees will be returned to the User after fourteen (14) days, unless the User created a new message in which event the fee will be charged from the previously paid funds.
4.2. Chargebacks. If you disagree with a credit card charge, you can contact us directly in writing within 30 (thirty) days. However, GiantBook.com is never liable for any errors or charges that were never reported within that period of time. You expressly waive the right to challenge a credit card charge, if you did not contact us within the third days’ period.
5.1. Beyond Our Control. GiantBook.com may suspend or discontinue the services in the event there are circumstances beyond our control.
5.2. Violation Terms. In the event GiantBook.com has a reasonable belief that you have violated these Terms or otherwise violated the rights and interests of GiantBook.com and its Users, we may immediately terminate our services to you.
6.1. Personal License. All data and information provided by GiantBook.com is given as a personal, exclusive and non-transferable license. All data and information we provide to you shall remain our exclusive property. You fully acknowledge and agree that this data may not distributed, shared or sold to any third-party. The license is a personal and individual license. You may not reproduce, summarize or in any other form share its content with third-parties.
6.2. Termination License. We may terminate this license to the use and access of and on our website for any reason, and without giving prior notice to you.
6.3. Your Contributions. With regards to the messages, illustrations and other contributions that are submitted by the Users and published on our website, we claim all property rights, including intellectual property rights. All those contributions shall be exclusively owned by GiantBook.com.
6.4. Merchandise Rights. We shall have the exclusive right to have any retail sale of any products in connection with your messages, illustrations and other contributions. This includes online ads. This right to sell any merchandise is exclusive, and we may appoint this right to any third-party we deem suitable.
6.5. No Legal Action. You acknowledge and agree that you will not bring, commence, prosecute any claim, appeal, or legal proceeding which challenges the validity of this Agreement, or the rights conferred herein.
You acknowledge and agree that you will indemnify, defend and hold GiantBook.com harmless from any liability, loss, claim and expense, including reasonable attorney’s and litigation fees, arising from your use of our website and/or platform and in the event you violate these terms, conditions, and policies.
ALL INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE” AND YOU AGREE THAT YOUR USE OF OUR WEBSITES AND SERVICES IS AT YOUR OWN RISK. WE REJECT ALL WARRANTIES OF ANY KIND, INCLUDED BUT NOT LIMITED TO, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES. WE CANNOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED, MEET ALL YOUR REQUIREMENTS, OR THAT ANY ERRORS OR INCOMPLETE INFORMATION WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES WILL GIANTBOOK.COM BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSSES, UNDER ANY JURISDICTION OR LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF OUR WEBSITE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED TWO HUNDRED ($200) UNITED STATES DOLLARS AND THAT AMOUNT SHALL SERVE AS A REPLACEMENT FOR OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
If you have an account with GiantBook.com, you are solely responsible for protecting your login information, username and password in order to prevent unlawful abuse by others. We may suspend or terminate your account for the abovementioned misuse.
If any part of these terms are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited so that the rest of these Terms are fully enforceable and legally binding.
This Agreement will be governed by the laws of United States, and any conflict that may arise out of it will be heard by the competent civil court in United States.