Website Terms of Use
Effective Date: 06 June 2026
Website Operator: Open Shelf Reviews, LLC
Website: openshelfreviews.com
1. Acceptance of Terms
These Website Terms of Use (these “Terms”) are entered into by and between Open Shelf Reviews, LLC (the “Company,” “Open Shelf Reviews,” “we,” “us,” or “our”) and each person or entity that accesses or uses openshelfreviews.com and any related websites, applications, content, functionality, products, and services made available by the Company to order, prepare, publish, and host reviews for access by visitors and other third parties (collectively, the “Website”). An “Author” is a user who seeks or purchases review services through the Website and may also enter into a separate order, service, or similar agreement with the Company. References in these Terms to an Author also include, where the context permits, a publisher, publicist, agent, or other representative submitting materials or purchasing services on an author’s behalf. A “Reviewer” is a user engaged by the Company to prepare reviews or related review materials and may also enter into a separate independent contractor, services, or similar agreement with the Company.
These Terms govern access to and use of the Website by all users, including without limitation:
- Authors seeking or purchasing review services;
- Reviewers engaged by the Company as independent contractors;
- administrative users and account holders;
- visitors, applicants, and any other users of the Website.
By accessing or using the Website, creating an account, clicking to accept these Terms, submitting information or content through the Website, purchasing services, or otherwise using the Website, you agree to be bound by these Terms and by any policies or additional terms incorporated by reference. If you do not agree to these Terms, do not access or use the Website.
2. Incorporated Policies and Additional Terms
These Terms incorporate by reference only the Company’s Privacy Policy. All other terms governing access to and use of the Website, including payment, ordering, refunds, intellectual property, reviewer standards, and account-related rules, are set forth in these Terms unless supplemented by a separate written Author agreement, order form, Reviewer agreement, or other written agreement with the Company.
3. Eligibility
The Website is offered only to persons who are at least eighteen (18) years old and able to form a binding contract under applicable law.
By using the Website, you represent and warrant that:
- you are at least 18 years of age to access or use any portion of the Website;
- you have full power and authority to enter into these Terms;
- if you are acting on behalf of an entity, you are authorized to bind that entity; and
- your use of the Website does not violate any applicable law, regulation, contract, or third-party right.
4. Changes to These Terms
We may revise these Terms from time to time in our sole discretion. Unless a later effective date is stated, revised Terms become effective upon the earlier of (a) the date you affirmatively accept the revised Terms or (b) your continued use of the Website after the revised Terms are posted.
Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.
5. Description of the Website and Services
The Website provides a platform through which the Company offers book review-related services and related functionality, and through which the Company publishes and hosts ordered and prepared reviews for access by visitors and other third parties, including without limitation:
- submission of manuscripts, book files, metadata, and related materials by Authors;
- assignment management, submission of reviews, and related communications for Reviewers;
- administrative access and management tools;
- public-facing or restricted publication and hosting of reviews and related content for access by visitors and other third parties;
- payment, account, communication, and support functions.
The Company may add, modify, suspend, or discontinue any part of the Website or any service at any time, with or without notice.
6. User Accounts and Account Access
6.1 Account Categories
The Company may provide different categories of user accounts, including:
- Author accounts;
- Reviewer accounts;
- admin accounts; and
- any other account category the Company designates.
The Company may approve, reject, limit, suspend, or terminate any account or access role at its discretion.
6.2 Registration Information
To access certain features, you may be required to create an account and provide registration information. You agree to provide information that is accurate, current, complete, and not misleading, and to keep that information updated. You may not create an account or access any account-restricted portion of the Website unless you are at least eighteen (18) years old.
6.3 Account Credentials
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You may not:
- share your account with another person;
- permit another person to access the Website using your credentials;
- transfer your account without the Company’s written consent; or
- attempt to access any account-restricted data or functionality for which you are not authorized.
You must promptly notify the Company of any suspected unauthorized access, security breach, or misuse of your account.
6.4 Account Security and Suspension
The Company may disable, restrict, suspend, or terminate any username, password, account, or access right at any time, for any reason or no reason, including if the Company believes you have violated these Terms, created risk for the Company or others, or used the Website in an unauthorized manner.
7. Author Review Services; Editorial Independence
7.1 Nature of the Service
The Company offers review services in which Authors may pay the Company to obtain a review of a book or related work. The Company may engage independent-contractor Reviewers to prepare reviews.
By purchasing a review, requesting review services, or submitting materials for review, an Author acknowledges and agrees that:
- the Author is purchasing the opportunity to receive a review, not a favorable review;
- no rating, recommendation, tone, outcome, prominence, or publication result is guaranteed;
- the Company and the Reviewer retain editorial discretion over the review process and output;
- the Company may decide whether, when, where, and how any review is published, hosted, displayed, excerpted, distributed, licensed, or withheld from publication, including for access by visitors and other third parties, subject to these Terms and any limited Author rejection right expressly stated in these Terms or in a separate written agreement with the Company.
7.2 Reviewer Selection
The Company alone selects Reviewers. Authors:
- do not choose Reviewers;
- do not receive Reviewer identities or personal information, except to the extent the Company elects to disclose limited information in its discretion;
- may not contact, attempt to identify, investigate, pressure, influence, or circumvent Reviewers.
7.3 No Authorial Control Over Review Content
Authors have no right to direct, control, shape, script, influence, approve, veto, or edit the substance of a review.
Without limitation, Authors may not require or request that a review:
- be favorable or unfavorable;
- assign a particular rating or conclusion;
- emphasize or omit particular themes;
- conform to the Author’s marketing strategy;
- be rewritten for tone, style, persuasion, or commercial usefulness.
7.4 Limited Author Requests
An Author may submit a written request for nonpublication of a Review within fourteen (14) days after receiving the completed Review to prevent publication of that Review. The Company may, at its sole discretion, elect to honor such request and withhold the Review from publication on the Website and other distribution channels.
If no such written request is received within said fourteen (14)-day period, the Author shall be deemed to have authorized the Company to publish the Review in accordance with these Terms. For the avoidance of doubt, any decision to withhold publication shall not entitle the Author to a refund or affect any fees owed to the Company for the Review.
Subject to Company review and discretion, an Author may request corrections of objective factual errors in the Review. For clarity, the foregoing rights are limited:
- an Author’s rejection of publication or request to correct an objective factual error does not create any right to revise opinion, tone, emphasis, analysis, conclusion, or literary judgment;
- the Company retains sole discretion whether a reported issue constitutes a factual error and whether and how to address it;
- the Company may decline to make requested changes.
7.5 Company Discretion Not to Publish
The Company reserves the right, in its sole discretion, to decline to publish any review, remove any review, delay publication, or publish only part of any review-related content.
7.6 Effect of Author Rejection of Publication
If the Company permits an Author to reject publication of a completed review before first publication, that rejection affects only whether the review is published by the Company and does not transfer ownership of the review, require revision of the review, or limit the Company’s internal use of the review and related materials for recordkeeping, quality control, compliance, dispute resolution, training, fraud prevention, payment administration, or other legitimate business purposes consistent with the Privacy Policy and any separate written agreement.
Nothing in these Terms obligates the Company to publish any review or maintain any review on the Website for any minimum period.
8. Reviewer Status and Additional Reviewer Obligations
8.1 Reviewer Relationship
Reviewers who perform services for the Company may also have a separate independent contractor agreement or similar services agreement with the Company. Such separate agreements may address assignments, compensation, confidentiality, submission requirements, ownership, and other service-related obligations. Regardless of whether any separate agreement exists, these Terms govern each Reviewer’s access to and use of the Website.
If there is a direct conflict between these Terms and a separately executed Reviewer agreement, the separate Reviewer agreement controls solely with respect to the Reviewer’s service relationship with the Company, and these Terms continue to govern Website access and use unless expressly superseded in writing.
8.2 Reviewer Conduct Standards
Each Reviewer represents, warrants, and agrees that the Reviewer will:
- perform review-related services honestly, independently, and in good faith;
- comply with all review criteria, deadlines, submission requirements, formatting rules, instructions, and other requirements communicated by the Company through the Website or otherwise in connection with the services;
- maintain the confidentiality of manuscripts, drafts, reviewer assignments, internal communications, unpublished reviews, and non-public Website information;
- avoid actual conflicts of interest and the appearance of impropriety;
- promptly disclose to the Company any personal, financial, professional, or other relationship that could reasonably create a conflict;
- not plagiarize, copy, misappropriate, or closely paraphrase third-party content without authorization and proper attribution where permitted;
- not submit false, fabricated, deceptive, incomplete, or intentionally misleading work product;
- not use the Website or any assignment in a manner that could undermine the integrity of the Company’s review process.
8.3 AI Restrictions for Reviewers
Unless the Company expressly authorizes otherwise in writing, Reviewers may not use generative artificial intelligence tools, large language models, automated writing assistants, or similar tools to draft, generate, rewrite, summarize, analyze, rate, or materially shape a review or review-related deliverable. Reviewers may use such tools only for narrow administrative purposes that do not alter or replace substantive human authorship or editorial judgment, such as proofreading, spell-checking, grammar correction, formatting, or other ministerial assistance approved by the Company.
Any review or review-related deliverable submitted by a Reviewer must reflect the Reviewer’s own substantive analysis, opinions, conclusions, and editorial judgment.
- A Reviewer may not use any artificial intelligence tool or output as a substitute for reading, evaluating, interpreting, or forming an independent judgment about a work under review.
- The Company may require a Reviewer to disclose or certify any use of artificial intelligence tools in connection with an assignment.
The Company may audit compliance, require certifications, request drafts or source notes, or reject any review believed to have been prepared in violation of this Section.
8.4 Confidentiality
Reviewers must keep confidential all non-public information obtained through the Website or through assignments, including:
- unpublished manuscripts and book files;
- author information not publicly available;
- Reviewer identities and assignment details;
- draft reviews and editorial comments;
- compensation terms;
- internal policies, workflows, and communications.
A Reviewer may not disclose, use, retain, or exploit such information except as necessary to perform authorized services for the Company.
9. Manuscripts, Uploads, Reviews, and Other User Content
9.1 User Content Defined
“User Content” means any content, material, data, or information submitted, uploaded, posted, transmitted, stored, or otherwise made available through the Website by any user, including without limitation:
- manuscripts;
- book files;
- cover images;
- metadata;
- author bios;
- review submissions;
- reviewer notes;
- comments;
- messages;
- attachments;
- text, graphics, audio, video, and documents.
9.2 Author Uploads
Authors may submit manuscripts, excerpts, book files, metadata, and related materials for review-related purposes. By doing so, the Author represents and warrants that:
- the Author owns or controls all rights necessary to submit the materials;
- the materials do not infringe, misappropriate, or violate any third-party rights;
- the materials are accurate and not misleading in any material respect;
- the Author has obtained all permissions necessary for the Company and its contractors to access and use the materials for the contemplated services.
9.3 Reviewer Uploads
Reviewers may submit reviews, drafts, metadata, notes, certifications, and related materials as directed by the Company through the Website or otherwise. Reviewers represent and warrant that all submitted materials comply with these Terms, all applicable Company requirements, and any separate Reviewer agreement. The Company may review, edit, reject, request resubmission of, or decline to use any reviewer submission in its discretion.
9.4 License to User Content
Except to the extent ownership of final reviews is addressed in Section 11, you grant the Company and its affiliates, contractors, service providers, successors, distribution partners, and assigns a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to host, store, reproduce, use, display, perform, distribute, publish, republish, transmit, modify, adapt, create derivative works from, and otherwise exploit User Content as reasonably necessary to:
- operate the Website;
- provide services;
- review submissions;
- prepare, edit, host, publish, license, promote, market, withhold, distribute, or otherwise exploit reviews and related materials;
- perform quality control, fraud prevention, compliance, recordkeeping, and internal operations;
- enforce these Terms and protect legal rights.
9.5 User Responsibility
You are solely responsible for your User Content, including its legality, accuracy, completeness, permissions, and appropriateness. The Company has no obligation to pre-screen User Content and may remove, reject, edit, disable access to, or preserve any User Content in its discretion.
10. Content Standards and Prohibited User Content
You may not upload, submit, post, transmit, or otherwise make available any User Content that:
- violates any law or regulation;
- infringes any copyright, trademark, trade secret, patent, privacy, publicity, or other right;
- is fraudulent, deceptive, defamatory, libelous, obscene, harassing, threatening, or abusive;
- contains malware, malicious code, or harmful files;
- impersonates another person or misrepresents affiliation;
- contains unauthorized advertising, spam, chain letters, or solicitations;
- discloses another person’s confidential information without authorization;
- is intended to manipulate, pressure, retaliate against, or improperly influence the Company or any Reviewer;
- is submitted for any improper competitive, surveillance, or reputation-management purpose.
11. Ownership of Website Content and Final Reviews
11.1 Company Ownership
The Website and all content, features, functionality, design elements, software, branding, text, graphics, compilations, databases, materials, and hosted review-presentations made available by the Company are owned by the Company or its licensors and are protected by intellectual property and other laws.
11.2 Ownership of Final Reviews
Notwithstanding anything to the contrary in these Terms, the Company owns all right, title, and interest in and to each final review, together with any edited versions, headlines, summaries, tags, metadata, excerpts, graphics prepared by the Company, and associated publication materials published, distributed, licensed, displayed, or hosted by or for the Company on the Website or elsewhere for access by visitors and other third parties.
To the extent any reviewer or other user may otherwise have or claim any rights in a final review or related deliverable, such person hereby irrevocably assigns such rights to the Company and, to the fullest extent permitted by applicable law, waives any moral rights, rights of attribution, or rights of integrity in such materials.
11.3 Feedback
If you provide suggestions, ideas, comments, or other feedback about the Website or services, the Company may use that feedback without restriction or compensation.
12. Limited Reposting Rights for Authors and Reviewers
Subject to these Terms and any additional written restrictions imposed by the Company, the Company may permit authors and reviewers to repost or share a final review or excerpts of it.
Unless the Company expressly agrees otherwise in writing, any permitted reposting is subject to all of the following conditions:
- the reposted material must be accurately reproduced;
- the material must include attribution to Open Shelf Reviews / the Company;
- the posting must include a link to the full review on the Company’s designated page, where reasonably practicable;
- the reposting may not imply that the Company endorses any person, product, or service beyond the content of the review itself;
- the reposting may not omit context in a way that is misleading;
- the reposting may not be used in violation of law, including FTC requirements;
- the reposting may not materially alter the review’s intent, meaning, tone, or the perception it creates.
Without limiting the foregoing, authors and reviewers may not:
- edit a review in a way that changes its substantive message;
- selectively quote a review in a misleading manner;
- alter ratings, conclusions, or evaluative statements;
- remove disclosures, attribution, or source references required by the Company.
The Company may revoke reposting permission at any time.
13. Payments; Orders; Third-Party Payment Processors
13.1 Payments
Authors may be required to pay fees for review services and related offerings. All fees, pricing, package descriptions, ordering procedures, timing, commitments, and related payment terms are governed by these Terms and are subject to change at any time unless the Company expressly confirms otherwise in writing. An order is not accepted until the Company confirms it through the Website, by email, or by other written communication.
13.2 Payment Processor
Payments may be processed by third-party payment service providers, such as Stripe, and your payment transactions may be subject to the terms, conditions, and privacy policies of those third parties. The Company may receive limited transaction-related information from such providers as described in the Privacy Policy.
The Company is not responsible for errors, outages, security incidents, charge processing failures, or other acts or omissions of third-party payment processors.
13.3 Authorization
By placing an order or submitting payment information, you represent and warrant that:
- you are authorized to use the payment method provided;
- the billing information you provide is accurate;
- you authorize the Company and its payment processors to charge the applicable fees, taxes, and other amounts due in connection with your order.
13.4 Taxes
You are responsible for all applicable taxes, duties, levies, and similar governmental charges associated with your use of the Website or purchase of services, other than taxes imposed on the Company’s net income.
14. Refunds and Cancellations
Except as otherwise expressly stated in these Terms or confirmed by the Company in writing at or before the time of order confirmation, refunds, credits, and cancellations are permitted only in the Company’s discretion. For clarity, an Author’s exercise of any permitted right to reject publication of a review does not, by itself, entitle the Author to a refund, credit, or cancellation.
Unless the Company expressly agrees otherwise:
- dissatisfaction with the tone, conclusion, rating, or favorability of a review does not entitle an Author to a refund;
- an Author’s disagreement with a reviewer’s opinion does not entitle the Author to a revision or refund;
- the Company may deny any refund request submitted after the Company, in its reasonable discretion, determines that substantial work has been performed in connection with the Review.
15. FTC, Endorsement, Advertising, and Disclosure Compliance
Each user agrees to comply with all applicable laws, rules, and guidance regarding endorsements, testimonials, advertising, consumer reviews, unfair or deceptive acts or practices, and disclosure obligations, including applicable Federal Trade Commission requirements.
Without limitation:
- Authors may not misrepresent the origin, independence, scope, or context of any review;
- Authors and Reviewers may not use excerpts or summaries of reviews in a misleading manner;
- users must include any legally required disclosures when republishing or promoting review content;
- users may not falsely imply editorial independence, sponsorship status, or endorsement beyond what is accurate.
- Authors must not state or imply that a review was unsolicited, unpaid, or wholly independent if the Author purchased review services or otherwise provided consideration in connection with the review process;
- if required by applicable law, Authors and any other users must clearly and conspicuously disclose any material connection to the Company or the circumstances under which a review was obtained when republishing, promoting, or otherwise using review content;
- users may not edit, crop, quote, summarize, rank, or present review content in a way that is false, deceptive, would be likely to change the impression of the review or would be otherwise likely to mislead a reasonable consumer;
- publication of a review on the Website does not grant any user the right to claim the Company’s endorsement except to the extent expressly and accurately reflected in the review as published by the Company;
- users may not procure, post, republish, or disseminate fabricated reviews, fake testimonials, or undisclosed incentivized statements in connection with the Website or any review content;
- the Company may require removal, correction, or additional disclosure if it believes a user’s use of review content could violate applicable advertising, endorsement, or consumer-protection requirements, policies, or contract terms.
Users are solely responsible for their own downstream use of review content and for making any disclosures required by law in their own marketing, websites, social media, press materials, or promotional campaigns.
16. Prohibited Uses of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You may not:
- violate any applicable law, rule, or regulation;
- access or use the Website for any fraudulent, deceptive, abusive, or unlawful purpose;
- interfere with the Website’s operation, security, or performance;
- attempt to gain unauthorized access to any account, system, network, or data;
- scrape, crawl, harvest, copy, or extract Website content by automated means without written permission;
- use bots, scripts, or automated tools except as expressly authorized;
- reverse engineer, decompile, or attempt to derive source code from any part of the Website;
- upload viruses, malware, or harmful code;
- impersonate another person or entity;
- harass, threaten, stalk, or retaliate against any user, reviewer, Author, or Company personnel;
- attempt to identify anonymous reviewers or circumvent Company confidentiality practices;
- use the Website to compete with, benchmark, replicate, or build a competing service based on Company content or workflows;
- use the Website or any review in a way that is defamatory, misleading, or commercially exploitative beyond rights expressly granted by the Company.
17. Privacy
All information collected through the Website is subject to the Company’s Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you acknowledge that you have reviewed the Privacy Policy and consent to the Company’s collection, use, disclosure, storage, and processing of information relating to accounts, submissions, payments, reviewer workflows, publication, and hosted content as described in it.
18. Copyright and Intellectual Property Complaints
If you believe that any content on the Website infringes your copyright or other intellectual property rights, you may submit a written notice to the Company’s designated agent for copyright complaints at the contact information provided in these Terms. Your notice should comply with 17 U.S.C. 512(c)(3) and include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing and information sufficient to locate it on the Website; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. The Company’s designated agent for copyright complaints can be reached at legal@openshelfreviews.com.
The Company may remove allegedly infringing materials, disable access, or terminate repeat infringers’ accounts.
19. Monitoring and Enforcement
The Company reserves the right, but not the obligation, to monitor the Website, accounts, submissions, communications, and User Content for compliance, operational, editorial, quality-control, security, legal, and business purposes.
The Company may, in its sole discretion:
- remove or refuse any User Content;
- correct formatting, metadata, or administrative errors;
- review reported factual-error requests;
- investigate suspected violations;
- disclose information as necessary to protect rights, enforce these Terms, comply with law, or respond to legal process;
- suspend, restrict, or terminate access.
20. Third-Party Links and Services
The Website may contain links to or integrations with third-party websites, tools, or services, including payment processors, communication platforms, or social media services. The Company does not control and is not responsible for third-party content, terms, privacy practices, products, or services.
Your use of third-party services is at your own risk and subject to the third party’s terms.
21. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ALL SERVICES, ALL REVIEWS, ALL CONTENT, ALL PORTALS, AND ALL MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, AND FREEDOM FROM VIRUSES OR HARMFUL CODE.
THE COMPANY DOES NOT WARRANT THAT:
- THE WEBSITE WILL BE AVAILABLE, SECURE, OR ERROR-FREE;
- ANY REVIEW WILL BE PUBLISHED;
- ANY REVIEW WILL MEET AN AUTHOR’S EXPECTATIONS;
- ANY FACTUAL-ERROR REQUEST WILL RESULT IN A REVISION;
- ANY USER CONTENT WILL BE PRESERVED, STORED, OR NOT LOST;
- ANY SERVICE WILL BE UNINTERRUPTED OR TIMELY.
REVIEWS REFLECT OPINION, JUDGMENT, AND EDITORIAL ASSESSMENT. THE COMPANY DOES NOT WARRANT ANY PARTICULAR COMMERCIAL, REPUTATIONAL, OR MARKETING RESULT FROM ANY REVIEW OR FROM THE PURCHASE OF ANY SERVICE.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THE WEBSITE, ANY REVIEW, ANY SERVICE, ANY PAYMENT TRANSACTION, ANY USER CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
- FIFTY U.S. DOLLARS (US $50.00); OR
- THE AMOUNT PAID BY YOU TO THE COMPANY THROUGH THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO the extent prohibited by law.
23. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, contractors, service providers, and their respective officers, directors, managers, employees, agents, successors, and assigns from and against any and all claims, demands, actions, causes of action, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to:
- your use or misuse of the Website;
- your violation of these Terms;
- your User Content;
- your violation of any law or regulation;
- your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, contract, or other right;
- your republishing, marketing, or promotional use of any review or excerpt;
- your dealings or disputes with other users.
24. Termination
The Company may terminate, suspend, restrict, or discontinue your access to the Website or any portion of it at any time, with or without notice, for any reason or no reason.
Upon termination:
- your right to access and use the Website will immediately cease;
- the Company may deactivate or delete your account and related data, subject to legal and operational retention needs;
- any licenses granted by the Company to you will terminate, except as expressly stated otherwise;
- provisions that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
25. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to the Website, the services, or these Terms, whether sounding in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-laws principles.
26. Dispute Resolution
26.1 Informal Resolution
Before filing any formal claim, the parties should first attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days. A party seeking to initiate a claim shall send written notice describing the nature of the dispute and requested relief to legal@openshelfreviews.com and Open Shelf Reviews, 7001 Discovery Boulevard, Suite 100, Dublin, OH 43017.
26.2 Arbitration; Class Action Waiver; Jury Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the services shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration shall take place in Franklin County, Ohio, unless the parties agree otherwise or applicable rules require a different format. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, and the Company may bring claims in small claims court if the claims qualify.
- Class Action Waiver: Claims may be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding.
- Jury Trial Waiver: To the extent any dispute is permitted to proceed in court, each party waives any right to trial by jury.
26.3 Limitation Period
To the fullest extent permitted by law, any claim arising out of or relating to the Website, the services, or these Terms must be commenced within one (1) year after the claim arises, or it is permanently barred.
27. Geographic Scope
The Website is operated from the United States. The Company makes no representation that the Website is lawful or appropriate for use outside the United States. Users who access the Website from outside the United States do so at their own initiative and are responsible for compliance with local laws.
28. Notices and Electronic Communications
You consent to receive communications from the Company electronically, including by email, portal notification, posting on the Website, or other electronic means. You agree that such communications satisfy any legal requirement that communications be in writing.
29. Assignment
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign or transfer these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
30. Waiver and Severability
No waiver by the Company of any term or condition in these Terms shall be deemed a further or continuing waiver of that term or condition or of any other term or condition.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
31. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties relating to the Website. For clarity, these Terms include the general terms governing use of the Website, accounts, orders, payments, submissions, publication and access rights. However, if you are an Author or Reviewer and you enter into a separate order form, services agreement, independent contractor agreement, or other written agreement with the Company, that separate agreement will also govern the subject matter it expressly covers, and in the event of a direct conflict, it will control solely as to that subject matter.
32. Contact Information
This Website is operated by:
Open Shelf Reviews
For legal notices, questions, or concerns regarding these Terms, please contact:
Open Shelf Reviews, 7001 Discovery Boulevard, Suite 100, Dublin, OH 43017
