Terms of Use

View Privacy Policy

Last Revised: June 23, 2025

Welcome to Booktrovert.com (“Booktrovert”), a website and service owned and operated by NetGalley, LLC (together with its affiliates, “NetGalley,” “we,” “our” or “us”) that offers digital book (eBook) giveaways, special promotions, and bookish activities to readers.

This page explains the terms by which you may use our service.

1. General Information and Acceptance of the Terms of Use

Unless otherwise expressly provided, all provisions of these Booktrovert Terms of Use (“Terms of Use” or “Agreement”) govern your access to and use of the Booktrovert website (www.booktrovert.com), including any Content, functionality, and services offered on, through or in connection with the Booktrovert website (collectively, such Booktrovert website, Content, functionality, and services are referred to in these Terms of Use as the “Service”), or other website or services, as applicable, that link to these Terms of Use. You agree to be bound by these Terms of Use and any additional rules, terms and conditions we post on the Booktrovert website, whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, OR BY CHECKING A BOX OR CLICKING A BUTTON OR TOGGLE BUTTON TO “ACCEPT” OR “AGREE” TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE.

We reserve the right to amend this Agreement at any time in our sole discretion pursuant to Section 14 below by posting the revised Agreement on the Booktrovert.com website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, registered users, and others who access the Service ("Users").

You do not have to register in order to visit Booktrovert. To access certain features of the Service, though, you will need to register with Booktrovert and create a user account and profile. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

2. Privacy

Please visit our Privacy Policy which is incorporated into these Terms of Use and describes the types of information we may collect from you or that you may provide when you use the Service or other services that link to our Privacy Policy and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3. Definitions

As used in these Terms of Use, the terms listed below have the following meanings:

"Registered User" means a site visitor who has registered an account, and filled in a profile using the authorization mechanisms that are made available by us via the Service.

"Client” means a publisher, author, marketing/PR services company, distributor, or other client who/that has entered into a service agreement with NetGalley.

"Content" means eBooks, marketing material, related catalog and book information, metadata, book covers, stickers, decals, illustrations, and any and all other text, images, sounds, video, or other data in any format made available via the Service.

"eBook" means a publication for distribution for reading purposes via an electronic format; any single version of a publication, including related metadata and cover images, distributed for giveaway, promotional, or other similar purposes including: preview copy, digital preview, digital galley, or finished book adapted for use and display in connection with the Service.

"Public Areas" means those portions of the Service that we make available to the public without restriction and that may be accessed without signing into a registered account.

"Restricted Content" means the Content that has been made available to Registered Users by accessing a Secure Area of the Service.

"Secure Area" means those portions of the Service that we make available solely to Registered Users for which access is controlled by signing into a registered account with login credentials, such as a passcode.

"Unrestricted Content" means Content, made available on Public Areas of the Service.

4. Prohibited Use of the Service

You may use the Service solely for lawful purposes and in compliance with these Terms of Use. You understand and agree that the Service and its features, functionality and technology are owned by NetGalley, its licensors, or other providers of such material and are protected by intellectual property or proprietary rights laws.

You may not access or use, or attempt to access or use, the Service to take any action that could harm or damage the Service, NetGalley, or any third party. You may not use the Service in violation of applicable laws (or any applicable regulations having the force of law) or in violation of NetGalley’s or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof.

You agree not to:

• access any part of the Service, Content, data or information you do not have permission or authorization to access or for which we have revoked your access;
• use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Service, or otherwise access or collect the Content, data or information from the Service using automated means;
• use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Service in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Service;
• cache or archive the Service or Content (except for a public search engine’s use of spiders for creating search indices);
• take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• do anything that could disable, damage or change the functioning or appearance of the Service, including the presentation of advertising;
• impersonate or attempt to impersonate NetGalley, a NetGalley employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• submit any Content or other content on or through the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable;
• engage in any conduct on or through the Service that conflicts with any obligations you have under law or under contractual or fiduciary relationships (such as make unauthorized disclosure(s) of inside information or proprietary and confidential information learned or disclosed as party of employment relationships or under non-disclosure agreements);
• submit any Content or other content or engage in any other conduct on or through the Service that infringes any copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any third party;
• transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
• engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or damage the Service, NetGalley, users of the Service or other third parties, or expose them to liability.

Engaging in a prohibited use of the Service may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. Minors

The Service is made available solely for adults eighteen (18) years of age or older. By using the Service, you represent and warrant that you are age eighteen (18) years or older and are able to form a binding contract with NetGalley. If you are under eighteen (18), please exit this Booktrovert website immediately and stop using the Service.

6. Registered Users

If you are a Registered User, the following sections apply to you as well as the rest of the provisions in the Terms of Use.

6.1. Limited Use of the Restricted Content:

If you have been granted access to Restricted Content, you may use Restricted Content solely for your own internal purposes pursuant to the Terms of Use and any instructions, rules, or conditions provided to you by a Client. If you are accessing Secure Areas and/or using Restricted Content, you represent and warrant that you are authorized to do so by a Client and that you will comply with any instructions, rules, or conditions imposed by that Client as well as these Terms of Use. You understand and agree that your authorization to access any Restricted Content or Secure Areas may be revoked by us at any time if we receive instructions to do so by a Client or if you fail to comply with these Terms of Use.

6.2. Confidentiality of Restricted Content:

You will employ best efforts to safeguard the Restricted Content and protect it from unauthorized use, exercising at least a reasonable degree of care. You will immediately notify NetGalley of any unauthorized use of the Restricted Content. Your obligations to keep confidential the Restricted Content will survive the termination or expiration of these Terms of Use and any other agreement under which you have been granted access to Restricted Content.

6.3. User Accounts and Passcode Protection for Secure Areas:

You may only register and use one Booktrovert account (i.e., only one Booktrovert account per individual is allowed). You may also not allow anyone else to use your individual account, or use anyone else’s Booktrovert account (i.e., only one user per Booktrovert account is allowed). Your right to access Secure Areas and to use Restricted Content is personal to you. You will not transfer, or make available to another, passcodes, login credentials, and account identification provided to you or otherwise facilitate another's access to the Secure Areas or use of the Restricted Content. Any such transfer or facilitation may result in the immediate termination (at NetGalley's sole discretion) of your rights under the Terms of Use. If you believe your Booktrovert account has been disclosed to or is in use by another, you agree to immediately notify NetGalley.

6.4. Limited Liability Regarding Restricted Content:

Clients (and not NetGalley) provide the Restricted Content that can be accessed through the Service. Clients shall be responsible for the content submitted to the site. NetGalley does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Restricted Content. You understand and agree that by accessing Secure Areas and/or using Restricted Content, you may be exposed to Restricted Content that may be offensive, indecent, or objectionable. NetGalley reserves the right to remove content and any title or other content item from the Service (or our other services) if such title, content file or other content: (i) is false, misleading or defamatory; (ii) is harmful, threatening, or intimidating to any individual; (iii) contains hate speech or personal attacks against others; or (iv) violates another person's or entity's intellectual property rights, privacy rights, or other legal rights. Under no circumstances will NetGalley be liable in any way for any Restricted Content, including, but not limited to, any errors or omissions in any Restricted Content or any loss or damage of any kind incurred as a result of the use of any Restricted Content submitted or distributed via the Service.

6.5. Restricted Content Submissions:

If you are a Registered User, the Service may provide means for you to submit material or Content through Secure Areas of the Service. You will not submit material or Content protected by copyright, trademark, trade secret, patent, or other proprietary right without the express permission of the holder of such intellectual property or proprietary right(s). You will be solely liable for any damage or other liability resulting from any improper submissions in violation of these Terms of Use. To the extent you submit and/or edit Restricted Content through a Secure Area or otherwise on, through or to the Service, you represent and warrant that you have the right to do so. Furthermore, by submitting or editing any Restricted Content or other content on or through the Service, you grant to NetGalley and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, display, distribute and disclose such Restricted Content in connection with providing the Service or other services, such as when we provide services pursuant to applicable terms and conditions or other agreement with a Client (“Client Agreement”). You also grant NetGalley and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, right to sublicense the foregoing rights in connection with providing the Service or other services under an applicable Client Agreement. You will not submit material or Content that: (i) constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; (ii) constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (iii) interferes with or disrupts the Service, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to the Service or related services.

7. Booktrovert Giveaway Terms & Conditions

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. ENTRANTS MUST BE EIGHTEEN (18) YEARS OR OLDER AND LEGAL RESIDENTS OF THE UNITED STATES. VOID WHERE PROHIBITED.

By entering a Booktrovert Giveaway (each, a “Giveaway” and collectively, the “Giveaways”), each entrant and participant (each, an “Entrant” and, collectively, the “Entrants”) agrees to abide by and be bound by these terms and conditions in this Section 7, including Sections 7.1 through 7.10 below (the “Giveaway T&C’s”) and the decisions of the applicable sponsor offering the Giveaway (each, a “Sponsor” and collectively, the “Sponsors”), which are final and binding in all respects and not subject to appeal. The Sponsor is the Client (defined above in Section 3), individual, or entity offering the Giveaway on Booktrovert. Neither NetGalley, LLC (“NetGalley”) nor any of its affiliates (e.g. parent companies, subsidiaries and other affiliated companies), is a sponsor of the Giveaway.

7.1. Eligibility:

The Giveaways are open only to persons ages eighteen (18) years of age or older (or those who are the legal age of majority in their state of residence prior to the date of entry into the applicable Giveaway) and who, as of the time of such entry, are legal residents of, and physically located within, the United States (the “Territory”). The Giveaways are void outside of the Territory and where prohibited, taxed, or restricted by law. Officers, directors, employees, contractors, and agents of the applicable Sponsor and NetGalley and any of their respective affiliates (collectively, the “Giveaway Entities”), as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution, or distribution of a Giveaway, are not eligible to participate in such Giveaways. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother, or brother in-law of a person. The Giveaways may only be entered in or from the Territory and purported entries originating from any other jurisdiction other than the Territory are not eligible for entry.

7.2. Prize(s) and Winner Selection Method:

The applicable Sponsor will award a prize (e.g., a free eBook) to one or more individuals who enter a Giveaway at such Giveaway’s point of entry (each, a “Campaign Page”). Each Campaign Page will specify the Sponsor, prize(s), how to enter, and when each Giveaway begins and ends (which may be sooner than the end dates and times provided on the Campaign Page, depending on the available supply of prizes) (such period, the “Giveaway Entry Period”). The approximate retail value of each prize will vary depending on the title and number of eBooks comprising each prize as set forth on the applicable Campaign Page. The Giveaway follows a first-come, first-served allocation: The first number (as set by the Sponsor) of eligible participants who complete the entry requirements will be awarded the prize. When the Giveaway Entry Period ends or all prizes are claimed, the Giveaway will be considered complete.

7.3. How to Enter:

To enter a Giveaway, follow the instructions on the applicable Campaign Page. In most cases, pressing or clicking the “Claim” button on the applicable Campaign Page will constitute entry and award the prize to that Registered User.

7.4. Limitations:

You must have a Booktrovert account as a Registered User in order to enter or receive a prize. Limit one (1) entry per Entrant and household using only one Booktrovert account per Giveaway. Prize(s) will be fulfilled by the Sponsor. Prize(s) will either be delivered by NetGalley or one of its affiliates or by the Sponsor using the email address you provide in your Booktrovert account.

Each prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Giveaway Entities do not warrant or guarantee that access to a Giveaway will be uninterrupted.

If you win a prize, you may not transfer, assign, or redeem the prize for cash. The Sponsor or NetGalley may substitute a prize with a prize of equal or greater value. Eligibility to win a prize in additional Giveaways requires a separate entry for each such Giveaway. In case of dispute as to the identity of any Entrant, the Sponsor of the applicable Giveaway will declare the entry made by the registered name and email address associated with such entry. Any potential winner may be requested to provide the applicable Sponsor with proof that such person is the Entrant by whom the winning entry was submitted. Entrants who have not complied with these Giveaway T&C’s (or the instructions on the applicable Campaign Page) are subject to disqualification and their respective applicable entry will be void. Each Sponsor reserves the right to disqualify any entry in a Giveaway if such Sponsor determines or suspects, in its sole and absolute discretion, that the Entrant who submitted the entry in question has attempted to undermine the legitimate operation of the Giveaway by cheating, hacking, or other fraudulent, deceptive, or unfair acts, omissions, or playing practices. Each Sponsor reserves the right to cancel, modify, or suspend a Giveaway at any time. In the event of cancellation, the applicable Sponsor reserves the right to select a winner from among all eligible entries received up to the date and time of such cancellation in a manner determined by such Sponsor to be fair, appropriate, and consistent with these Giveaway T&C’s, in the Sponsor’s sole and absolute discretion.

7.5. Prize Restrictions:

Each prize is non-transferable and non-assignable. No substitution, transfer, or cash redemption or equivalent of any prizes or any portion thereof is permitted, except at the applicable Sponsor’s sole discretion or as otherwise provided herein. No Sponsor will replace any prizes if lost or stolen. Each Winner is solely responsible for all applicable federal, state, and local taxes that may be imposed in connection with the receipt of a prize, including all income tax resulting from acceptance of a prize. No more than the stated number of prizes set forth on the applicable Campaign Page will be awarded.

7.6. Privacy Policy:

NetGalley will collect personal data about Entrants online in accordance with its Privacy Policy. Personal data about Entrants will also be collected by each Sponsor and handled in accordance with such Sponsor’s privacy policy. By participating in the Giveaway, each Entrant hereby agrees to NetGalley’s and the Sponsor’s collection and usage of their personal information including to receive promotional emails from NetGalley and each Sponsor, and acknowledge that they have read and accepted NetGalley’s and the Sponsor’s respective privacy policies.

7.7. LIMITATION OF LIABILITY:

By entering a Giveaway and to the maximum extent permitted by applicable law, you waive all right to, and hold Sponsor and NetGalley and each of their respective present and future affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting parties, agents, representatives, successors, and assigns (collectively, “Promotion Parties”) harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in the Giveaway or the acceptance, use, or misuse of any prize.

To the maximum extent permitted by applicable law, the Promotion Parties will not be responsible for: (a) entries from persons residing or physically located outside the Territory; (b) entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not compliant with these Giveaway T&C’s; (c) lost, interrupted, or unavailable networks, servers, satellites, or websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Giveaway; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Giveaway, the processing of entries, or the offering or announcement of a prize; (e) any other errors of any kind relating to or in connection with the Giveaway, whether human, mechanical, clerical, electronic, or technical in nature or otherwise; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Giveaway; (g) any changes to any website function that may interfere with the Giveaway or an Entrant’s ability to timely enter the Giveaway; or (h) damage to an Entrant or any other person or entity’s system occasioned by or arising from participation in the Giveaway or downloading any information necessary to participate in the Giveaway.

7.8. Dispute Resolution, Arbitration, Governing Law and Venue:

You understand and agree that all Disputes (defined below) arising out of or relating to any Giveaway in which you enter or participate and all Disputes or other issues concerning the construction, validity, interpretation, and/or enforceability of these Giveaway T&C’s shall be subject to Section 13.4 (Dispute Resolution and Arbitration) and Section 13.5 (Governing Law and Jurisdiction) below.

7.9. Winner Name Use and Winners List:

Each winner, by acceptance of a prize, grants to the applicable Sponsor and to NetGalley, and to each of their respective designees, permission to use, publish, post, and/or display such winner’s name for marketing purposes, in any and all media now known or hereafter devised, throughout the world and on the Internet (including, without limitation on social media channels), in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. For the names of all prize winners as of the time of request, send a self-addressed, stamped #10 envelope with your request to: NetGalley LLC, 44 Merrimac Street, Newburyport, MA 01950.

7.10. General:

Any of the Giveaway Entities’ failure to or decision not to enforce any provision in these Giveaway T&C’s will not constitute a waiver of that or any other provision. These Giveaway T&C’s shall govern and prevail in the event of any conflict between these Giveaway T&C’s and any other terms or conditions applicable to a Giveaway. In the event that any provision of these Giveaway T&C’s is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, these Giveaway T&C’s shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid, unenforceable or illegal provision were not contained herein.

8. Monitoring and Enforcement; Termination and Inactive Accounts

You acknowledge that NetGalley may or may not pre-screen Content, but that NetGalley will have the right in NetGalley's sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, NetGalley may remove any Content that violates the Terms of Use or is otherwise objectionable in NetGalley's sole discretion. However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding submissions or other transmissions, communications, or content provided by any user or third party.

We also have the right to:

• take any action with respect to any Content or other content or material that we deem necessary or appropriate in our sole discretion, including if we believe that such content or material violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for NetGalley;
• disclose your identity or other information about you to any third party who claims that content or material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and/or
• terminate or suspend your access to all or part of the Service for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or materials on or through the Service. YOU WAIVE AND HOLD HARMLESS NETGALLEY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

If you stop using the Service without deleting your Booktrovert account, your account may be deleted due to prolonged inactivity.

We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

9. Trademarks

You must not use any trademark, service mark or logo of NetGalley without the prior written permission of NetGalley. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

10. Copyright Policy

NetGalley respects the intellectual property of others and requires that you do the same. In accordance with U.S. law and, in particular, the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, NetGalley has implemented procedures for receiving written notification of claimed copyright infringements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent, as set forth below. For your notice to be effective under the DMCA, you, as a complaining party, must provide all of the following information in writing to our copyright agent:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Service.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request to be removed or access to which be disabled, and information reasonably sufficient to permit NetGalley to locate the material.

(iv) Information reasonably sufficient to permit NetGalley to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit your notice to NetGalley’s copyright agent:

Please note that this procedure is exclusively for notifying NetGalley that your copyrighted material has been infringed. The preceding requirements are intended to comply with NetGalley's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. Please submit any counter-notice in writing to NetGalley’s copyright agent listed above.

In accordance with the DMCA and other applicable law, NetGalley has adopted a policy of terminating, in appropriate circumstances and at NetGalley's sole discretion, users who are deemed to be repeat infringers. NetGalley may also at its sole discretion limit access to the Service and/or terminate the accounts or profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

11. Linking to the Service and Social Media Features

You may link to our Booktrovert website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Service may provide certain social media features that enable you to link from your own or certain third-party websites to the Service or certain content on this Booktrovert website or cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

• establish a link from any website that is not owned by you;
• cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking (without our express written consent); or
• otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

12. Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. General Legal

13.1. Disclaimer of Warranties:

Your use and browsing of the Service are at your own risk. Except as otherwise provided above, everything on the Service is provided on an "AS IS" and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, NetGalley makes no warranties that the Service will be error-free or uninterrupted, that any content on the Service will be accurate, adequate or complete, that defects will be corrected, or that the Service, or its server are or will be free of viruses or other harmful components. NetGalley makes no warranties or representations regarding the use or results of the use of the Content on the Service. The foregoing disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.

The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at our sole discretion. You agree that NetGalley will not be liable to you for any interruption of the Service, delay or failure to perform.

13.2. Indemnification:

You agree to defend, indemnify, and hold harmless NetGalley, its affiliates, licensors, and service providers, and its and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your access or use of the Service; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including, but not limited to, any copyright, trademark, trade secret, or privacy right; or (iv) your use of any information obtained from the Service.

13.3. Limitation of Liability:

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NETGALLEY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF NETGALLEY OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NETGALLEY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE OR FOR THE APPLICABLE SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.4. Dispute Resolution and Arbitration:

This Dispute Resolution and Arbitration provision is intended to be interpreted broadly and governs any and all claims or disputes between you and NetGalley (including, for purposes of this Dispute Resolution and Arbitration provision, NetGalley’s parent companies, subsidiaries, affiliates, successors, assigns, and all of its and their officers, directors, managers, employees, and agents, or any and all of them), including but not limited to any claims, disputes, causes of action or controversies arising out of or relating to any aspect of the relationship between you and NetGalley, these Terms of Use or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to your use of the Service); and claims that may arise after the termination of these Terms of Use (“Dispute” or “Disputes”). The only Disputes excluded from this Dispute Resolution and Arbitration provision are claims related to certain intellectual property rights and small court claims, as provided below.

Most disputes can be resolved without resort to litigation. You can reach NetGalley at info@booktrovert.com. Except for intellectual property and small claims court claims, as provided below, the parties (you and NetGalley) agree to use good faith efforts to settle any Disputes directly through discussions and negotiation between you and NetGalley prior to initiating arbitration, and a good faith attempt to resolve the Dispute shall be a condition to either party initiating arbitration concerning such Dispute.

BINDING INDIVIDUAL ARBITRATION:

If you and NetGalley do not reach an agreed-upon resolution to any Dispute after a good faith attempt as set forth above within a period of thirty (30) days or for a longer period as mutually agreed in writing (email sufficient) by you and NetGalley from the day a party receives written notice of a Dispute from the other party (“Informal Resolution Period”), you and NetGalley agree that the Dispute shall be submitted to final and binding arbitration pursuant to this Section 13.4. This means that any Dispute not excluded under this Section 13.4 will only be resolved by binding individual arbitration, as set forth below, instead of in a court by a judge or jury. Neither you nor NetGalley may initiate arbitration for a Dispute before the end of the Informal Resolution Period. The statute of limitations and any filing-fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute.

A Dispute not resolved informally as set forth above within the Informal Resolution Period and not excluded under this Section 13.4 may only be resolved by binding individual arbitration. The arbitration shall be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") (see https://adr.org/) in force at that time. If you are a “Consumer,” meaning that you only use the Service for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Disputes between you and NetGalley as modified by this Section 13.4. If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the rules applicable to Disputes between you and NetGalley as modified by this Section 13.4. You or NetGalley may initiate arbitration of any Dispute not resolved during the Informal Resolution Period and not excluded under this Section 13.4 by following the applicable AAA rules.

The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to NetGalley. To the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, NetGalley will pay the difference in the initial filing fee.

This agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any nonparty, regardless of the nature of the issues or disputes involved. No Dispute submitted to arbitration is heard by a jury and no claim or Dispute may be brought as a class action or as a private attorney general.

BY USE OF THE SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND NETGALLEY (THAT ARE NOT EXCLUDED UNDER THIS SECTION 13.4) WILL BE RESOLVED BY BINDING ARBITRATION. YOU AND NETGALLEY THUS WAIVE (i.e., GIVE UP) THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR OR NETGALLEY’S RIGHTS IN CONNECTION WITH SUCH DISPUTES. YOU AND NETGALLEY ALSO WAIVE THE RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR AND NETGALLEY’S RIGHTS IN CONNECTION WITH SUCH DISPUTES WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Service, you consent to these restrictions. The arbitration requirements set forth in this provision shall be subject to any state law restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NetGalley, the parties (you and NetGalley) agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts located in Boston, Massachusetts. If any part of these arbitration provisions is found to be inapplicable or unenforceable, the remainder of these arbitration provisions shall be enforceable without regard to such inapplicability or unenforceability.

30-Day Right to Opt Out: You have the right to opt out of the provisions of this Section 13.4 by sending written notice of your decision to opt out to the following address within 30 days of first agreeing to these Terms of Use to NetGalley at: 44 Merrimac Street, Newburyport, MA 01950. Such notice must include the name of the person opting out and contact information for such person. If you send timely written notice containing the required information, then the provisions of this Section 13.4 will not apply to you or NetGalley. If you do not send such notice, you agree to be bound by this Section 13.4.

Disputes Excluded from Arbitration: Notwithstanding the parties’ agreement to resolve all Disputes through the dispute resolution procedures and, if unresolved, through arbitration as provided above, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, infringement, misappropriation or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction (provided that the small claims court does not permit class actions or similar representative actions or relief).

13.5. Governing Law and Jurisdiction:

All matters relating to the Service and these Terms of Use, and any Dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts, United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

All Disputes and any other legal suit, action or proceeding relating to or arising out of the Service or these Terms of Use that are not subject to arbitration pursuant to Section 13.4 and that cannot be heard in small claims court as provided above in Section 13.4 shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, in each case located in Boston, Massachusetts, United States although NetGalley retains the right to bring any such Disputes, legal suit, action or proceeding against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.6. Severability and Waiver:

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. No waiver by NetGalley of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NetGalley to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13.7. Assignment:

Subject to any terms to the contrary in an applicable Client Agreement with you, you may not assign or transfer any of your rights (including any licenses granted to you) or obligations under these Terms of Use without our consent. Any attempted transfer or assignment by you will be void and ineffective. We may freely assign these Terms of Use, unless otherwise provided in an applicable Client Agreement.

14. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to Sections 7.8, 13.4 or 13.5 above will not apply to any Disputes for which the parties have actual notice on or before the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Us

If you have comments or questions, please contact NetGalley via the Help Center and include the words "Terms of Use" in the subject line of your message.