01-10-2018 is the status of these conditions of use and the previous version can be found here.
mojoreads is offered by log.os GmbH & Co. KG (in the following referred to as “mojoreads” or “we”). You can use mojoreads either online by means of your browser or by means of one of our mobile apps for iOS or Android.
These conditions of use allow access to and the use of our services. This comprises not only our free-of-charge online presence and the free-of-charge apps but also the chargeable contents by means of our shop. For purchases in our shop please observe our separate General Terms and Conditions of Business.
By using mojoreads you state your approval to the validity of these conditions of use and obligate yourself to comply with the conditions specified below.
1. Description of Services
1.1. mojoreads serves as a means of public exchange on literature and comprises various offers, in the following referred to as “Services”, which we permanently improve and expand, like for example:
• a personal profile which you can expand into a real portfolio by using reading lists, reviews and many other functions;
• community functions for communication and exchange among each other;
• an integrated Reader (reading software) for reading samples, ebooks and other contents – regardless of whether you want to use these contents for yourself alone or together with others via so-called social reading functions;
• a shop with a large selection of books and ebooks;
• the mojoreads cloud, that always keeps your ebooks and reading samples up to date as well as synchronizing the reading status between various devices or
• the mojoreads partner programme (or affiliate programme) as well as current offers on which you can collect CREDITS on mojoreads, which you then can redeem in our shop.
1.2. We strive to keep our services available; however, do not guarantee any further service obligations. In particular there shall not be any claim to constant availability of our services.
2. Who can use mojoreads
2.1. NATURAL PERSONS
In order to be able to use mojoreads you must be at least 16 years old and have full legal capacity. A minimum age of 18 shall apply for purchases in the mojoreads shop. You can use mojoreads to the full extent only if you register first. Registration can be carried out by anyone holding a currently valid email address. With your registration you state your approval to the validity of the conditions of use.
2.2. LEGAL ENTITIES
When you accept these conditions and use our services on behalf of a company or association or other legal unit, then you assure and guarantee that you are entitled to do so and that you have the authority to bind such legal entities to these conditions, in which case the terms “you” and “your”, as used in these conditions, refer to such a legal entity.
3. Data Protection
mojoreads is familiar with the sensibility of your personal data and takes the protection of your privacy very seriously. Personally related data is compiled, processed and used in agreement with the legal regulations. Please take a moment and read our Data Privacy Statement in this regard.
4. Your Account
4.1 In order to fully use mojoreads you must register yourself. Within the scope of your registration, mojoreads shall automatically establish a user account (in the following referred to as “Account“) for you whereby you can compile a profile on mojoreads under the user name you have selected which is publically visible online.
4.2. In principle it is not permitted to operate more than one account on mojoreads. In the event of violations, we shall be reserved the right to temporarily block the accounts concerned, deactivate them permanently or, depending on how serious the violation is, to cancel them.
4.3. In the event that as a business professional or as a legal representative of a legal entity you require additional accounts (e.g. for brand maintenance or for other products), then please contact our support team in advance (!) so that we can examine the matter and reach a corresponding settlement.
4.4. You may not allow a third party access to use and are obligated not to disclose your access data to a third party.
4.5. You shall be responsible for the protection of your account and thus to safeguard the confidentiality of your password and for the restriction of access to our computer and your mobile devices. As far as permissible under the applicable law, you shall declare your agreement to be responsible for all activities which are carried out via your account or your password. Therefore, you should take all necessary measures to safeguard that your password is kept secret and stored safely, and inform us immediately if you should have any cause for concern that a third party has gained knowledge of your password, your password has been used in an unauthorized manner or this may be possible. In the event that you should have knowledge that your access data has been accessible to a third person or your account was used improperly, you shall be obligated to change your password and inform mojoreads immediately.
4.6. As account owner you receive certain information from us if and as far as possible, like service announcements or notices on updates of guidelines ad conditions. This information shall be a component part of our services and your account and can – other than notifications on procedures on the platform – not be unsubscribed.
5. Your Responsibilities and Obligations
5.1. You are responsible for the contents which you share on mojoreads, no matter whether they are texts, photographs, videos, news or other data. In particular you shall assure us that you dispose over the rights in the contents you have shared and do not violate any third-party rights.
5.2. Regarding the content and form of the contents you share, please read our community guidelines and our netiquette, which are component parts of these conditions of use, to learn which conduct is desired on mojoreads and which is not permitted.
5.3. Please observe that within the scope of using our services you are not allowed to publish contents which in particular:
• violate the rights of third parties, especially brands, copyrights or related rights, business secrecy, privacy rights or property rights;
• contain undesired advertisement, promotion material, spam or other commercial offers;
• violate legal national or international regulations, e.g. by incitement of the people, deformation, liable or threats
• can be regarded as pornographic, vulgar, obscene, annoying or offensive in any way;
• contain incorrect and false descriptions;
• are contrary to the constitution, extremist, racist or xenophobic;
• disclose personally related data of third parties, like for example name, address, date of birth, illnesses, sexual orientation, religious, political or ethnic membership.
5.4. It shall also be prohibited to collect, store or transmit personal data on other users, unless the parties concerned have expressly approved thereto, i.e. written approval has been submitted.
5.5. In the event of violations against the above named responsibilities and obligations we are entitled to delete the concerned contents immediately and without prior notice as well as to block your account in serious cases.
5.6. In the event that you discover violations against our guidelines on mojoreads, we request you to report these violations to our support team immediately so that we can react accordingly.
6. Licensing Your Contents
6.1. In order for us to store the contents compiled and shared by you (also e.g. reviews, comments, public posts, etc.) in our systems and make them publically accessible via the Internet as well as via our apps, you shall grant us for this purpose the following, non-exclusive, temporally and spatially unrestricted rights of use:
the right to storage within the services offered by us;
the right to provide access of the contents to the public entirely or partly, processed or unprocessed;
the right to duplicate the contents at the request of users;
the right to further utilize the contents also in other media;
the right to place advertisements in any form in the surrounding area of the contents.
6.2. You shall also grant us the right to relocate your contributions within the scope of our services and to connect them with other contents (e.g. for answers / threads to your contributions, on the book details pages, on aggregated recommendation of subject pages or by other forms of illustration).
6.3. All other rights to these contents shall of course remain with you and you are entirely free to use and utilize these contents otherwise, i.e. for example to publish reviews, comments or contributions also on other portals.
6.4. Moreover, you shall guarantee that the contents shared by you do not violate any rights, especially copyright, brand and/or other commercial protective rights of a third party.
6.5. If you should detect that other users use your work in an unauthorized manner for example by claiming your reviews or contributions as their own, please immediately inform our Support team so that we can act accordingly.
7. Use of our Cloud
7.1. You can use our cloud to store, retrieve, administer and view your reading samples and ebooks.
7.2. We shall not guarantee that the reading samples and ebooks from the cloud are retrievable or available at any time.
7.3. The use of the cloud may be restricted, e.g. limited storage capacity, number and type of final devices, type of files.
7.4. We shall be entitled
a) to use service providers and sub-suppliers for provision and maintenance of the cloud;
b) to use and to duplicate copies of your data and files and to have them used and duplicated exclusively for security and backup purposes or;
c) to compile, process and use personally related data or to have them compiled, processed or used by service providers and sub-suppliers if this is necessary for the provision and maintenance of the cloud. More information hereto can be found in our Data Privacy Statement.
7.5. We shall be entitled to fully or partly stop, change or limit the provision of the cloud at any time at our own discretion. This shall especially apply in the event of improper use of the service or violation of these provisions or in the event of contrary rights of a third party or for maintenance purposes. In the event of termination we shall give you suitable advance notice to enable you to produce security copies.
8.1. CREDITS are our way of thanking you for your engagement. Because each community is only as good as its member, we shall reward you for your activities with changing campaigns. One CREDIT corresponds with one Eurocent.
8.2. CREDITS are a voluntary service which we grant as compensation for compiling contents, recruiting customers or referring book sales to us (also refer to No. 9 on mojoreads partner programme). The company decision on how many CREDITS we grant for which actions shall be at our discretion alone. There shall be no claim to these credits.
8.3. The amount of CREDITS which we grant for each campaign may differ between countries and depends on the corresponding market situation in the sales territory on site.
8.4. You can redeem your CREDITS in our shop as soon as the sum of your CREDITS exceeds the corresponding purchase price.
8.5. CREDITS are not paid out. However, CREDITS are a payment in kind and thus a remuneration which especially in connection with the mojoreads partner programme can be subject to income tax.
9. mojoreads Partner Programme (Affiliate Programme)
9.1. When you recommend books via mojoreads, you shall receive a commission for each book which is sold based on this recommendation. We shall consider each activity which has a traceable effect on the public regarding a book as a recommendation. If, therefore, someone discovers and buys a book because of you– either because you gave a book to Mojo, wrote a review, commented on a text passage or mentioned the book elsewhere – you shall receive a commission amounting to von 10% of the purchase price (excluding any delivery costs) in the form of CREDITS for each contracted purchase.
9.2. You shall also receive a commission on all sales which the other customer contracts within 30 days, if this customer was connected via a link to mojoreads which you shared in advance via our SHARE function by means of social media, your blog or your website. These links contain a so- called referrer, which locates a cookie in our system for a term of 30 days.
9.3. Also if you share contributions or reviews merely based on your opinion in favour of the corresponding book it could be presumed that your intension is to acquire a profit based on our partner programme. In order to protect yourself on other social media sites, your blog or your website against reprimands, it is therefore legally necessary to mark these contributions as advertisements. Therefore, we automatically provide a suggestion in the form of a hashtag, like e.g. #advertisement.
9.4. If you should have a blog or a website on which you would like to connect these links, you must also include a notice in your legal notice that you participate in the mojoreads partner programme and you receive a commission for purchases on mojoreads.
9.5. Taxes may arise on income from affiliate earnings (commissions) as of a certain scope of sales. You shall then be obligated to take this into consideration in your tax statement and notify the tax authorities thereof. You may even have to register a commercial business, unless you have already done so. If you primarily use mojoreads privately, you will be clearly below the valuation limit of less than EUR 256.– annually pursuant to German income tax law, § 22, Absatz 3 Einkommensteuergesetz (EStG), but as an ambitious blogger or other kind of book professional that may be completely different. It may be better to contact your tax adviser directly in this regard. At the end of the year we will compile a statement with a total overview of all earnings which you can, if necessary, also submit to your tax office. Your current earnings can be found in your overview of transactions under https://mojoreads.com/credits#history.
9.6. If you should be a professional book marketing person or, however, are commercially active in the book industry (e.g. as author, book trader or as publisher) and want to use mojoreads professionally for marketing and sale of book contents and / or regularly expect income from acting as an agent for book purchases, please contact our sales department under firstname.lastname@example.org, so that we can submit an individual offer for a commercial professional account to you.
9.7. Further information on our mojoreads partner programme can be found under: http://help.mojoreads.com/faqs/affiliate-programm
10.1. You agree not to abuse our services, for example by disturbing it or revert to them by means of another method that via the user surface provided by us.
10.2. We use a monitoring system to prevent abuse and in such cases are not only entitled to block your account (and/or your accounts) immediately and without advance notice; we also expressly are reserved the right to take legal measures as well as to lodge damage compensation claims against you.
11.1. Damage compensation claims lodged against mojoreads are excluded regardless of the legal grounds, unless mojoreads, the legal representative or agents have acted intentionally or due to gross negligence. We shall only be liable for slight negligence if to achieve the contractual purpose we, our legal representatives or supervising staff member or agents have violated essential contractual obligations.
11.2. The preceding limit of liability shall not apply to damage compensation claims which result from risks to life, body, health or acceptance of a quality guarantee or malicious concealment of defects on the part of mojoreads.
11.3. If we are liable pursuant to No. 1 concerning slight negligence, the damage compensation claim shall be limited to the predicable damage typical for the contract.
11.4. Damage compensation claims against us shall be subject to the statute of limitations at the end of 12 months after they arise, unless they are based on an impermissible or intentional act.
11.5. If liability of mojoreads is excluded, this shall also apply to enterprises associated with us as well as to clerks, staff members, employees, representatives, shareholders and agents of mojoreads and/or of enterprises associated with mojoreads.
11.6. You herewith declare that you shall at the initial request release and indemnify us, enterprises associated with us as well as clerks, staff members, employees enterprises associated with mojoreads regarding liabilities of claims of any kind, which are lodged by third parties based on or in connection with contents which you have stored, published and/or transmitted within the scope of our services or which are based on the use of our offer or are based on violations of these conditions of use or by third parties. This shall in each case also include any reasonable costs for legal attorneys and court expenses.
12. Termination of Use of our Services
12.1. Your membership in mojoreads shall in principle be valid for an indefinite time. However, you can unsubscribe from mojoreads at any time and terminate your membership. Your account will in this case be deleted. Please contact our Support team in this case.
12.2. We shall on our part be reserved the right of an extraordinary termination for an important reason. A reason for an extraordinary termination on the part of mojoreads can in particular be at hand if you violate valid law or these conditions of use. Termination shall be carried out by blocking your account.
12.3. Any termination and/or end of using mojoreads shall not affect the granted rights of use from ebook purchases in our shop.
12.4. Your publically shared contents (like e.g. comments, reviews or contributions (posts) on your timeline shall remain on the platform even after termination since they comprise contents involving each other (threads/comment, etc.) and would affect the function by deleting the contents.
12.5. In the event that it should not be economically possible for us to continue the operation of mojoreads, we shall at any time be entitled to end operation of the mojoreads platform by adhering to notice of four weeks in advance. In the event of the end of our services, we will by all means enable an export of your data as well as your ebooks purchased from mojoreads as well as the contents and generated by you and delete data.
13. Final Provisions
12.1. The law of the Federal Republic of Germany alone shall apply to contracts between you – if you are not a consumer - and mojoreads – excluding the UN law on sale of goods.
12.2. The contractual language shall be German. For international customers we shall also provide our conditions for use in English. Decisive for the interpretation, especially in cases of dispute, however, shall still be the wording of the German contract.
12.3. Depending on the final device used this document can either be printed and/or stored (e.g. in the browser or in your app).
12.4. We shall be reserved the right to change these conditions for use at any time and to adjust them to the corresponding legal, technical or economic framework conditions.
Berlin, 01 October 2018