Terms of Service
1. Accepting our Terms of Service
Please read these Terms of Service and our User Guidelines (collectively, the “Agreement”) carefully before using tomebooks.com (the “Site”) or any other domains, websites, products, applications (including mobile applications), services, or content provided by Tome (collectively, the “Services”). Tome is a service offered by BingBong Inc., a Delaware corporation, together with its affiliates, agents, representatives, consultants, employees, officers, and directors (collectively, “BingBong,” “Tome,” “we,” or “us”).
By accessing or using the Services, you agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to all of these terms and conditions, you are not authorized to—and must not—access or use the Services.
You acknowledge that certain personalized features of the Services cannot be provided and that BingBong Inc. cannot perform its obligations under this Agreement without processing information about you and other users. The collection, use, and processing of any information you share with us—whether directly or indirectly—is essential to the personalized content you receive, and is a necessary component of our performance under this Agreement.
2. Modifications to this Agreement
BingBong Inc., a Delaware corporation (“BingBong,” “Tome,” “we” or “us”), reserves the right to revise these Terms of Service and User Guidelines (together, the “Agreement”) by posting a new version on the Site or within the Tome apps and, where appropriate, notifying you by email or in-app notice. Unless we require your affirmative acceptance of a material change—in which case the revised Agreement will take effect only upon your acceptance—any other modification will become effective fourteen (14) days after posting and notice and will apply solely to future conduct. You are responsible for reviewing all changes, and your continued use of the Services after the effective date constitutes your acceptance of the revised Agreement. If you do not agree to any revision, you must discontinue use immediately. Any prepaid paid Services will remain governed by the version of the Agreement in effect at the time your prepayment was received until the applicable prepaid period expires
3. Use of the Services
Eligibility
You may use the Services only if you (a) meet the minimum age requirements—at least 17 years old, and 18 years old for certain features—(b) have the legal capacity to form a binding contract with Tome (through its parent, BingBong Inc., a Delaware corporation), and (c) are not otherwise barred from accessing or using the Services under applicable law. You may not provide any personal information or otherwise access the Services if you do not meet these requirements.
Service Availability & Changes
Tome reserves the right, at its sole discretion and without liability, to modify, suspend, discontinue, or impose limits on the Services (or any feature, database, content or product) at any time, with or without notice. Tome may also terminate or suspend your account or access to all or any portion of the Services for any reason, including suspected violations of this Agreement. Any such action will not relieve you of obligations that accrued prior to such change or suspension.
Tome is always changing—new features, updates, and experiments pop up all the time. To keep things running smoothly, we might tweak things, set usage limits, or retire features that aren’t working out. In rare cases, we might need to pause or close an account, but only if there’s a good reason (like a breach of our Terms or Privacy Policy). We promise to use that option sparingly and only when it’s really necessary.
Restrictions on Automated & Unauthorized Use
Except as expressly permitted by Tome in writing, you may not (a) access non-public areas of the Services or Tome’s systems, (b) probe, scan, test or circumvent security or authentication measures, (c) use any automated system or script to access, scrape, harvest or otherwise interact with the Services, (d) interfere with the operation of the Services or the experience of other users (including by overloading or “spamming” the Services), or (e) forge or manipulate identifiers or headers in any communication sent to or from the Services. Any unauthorized use is strictly prohibited and may result in termination of your access and legal action.
4. Privacy
For details on how Tome and its parent, BingBong Inc., collect, use, and disclose your personal information, please review our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understood the Privacy Policy, including its provisions regarding the collection, use, and sharing of your information—and the transfer of such information to the United States or other jurisdictions for storage, processing, and use by Tome, BingBong Inc., and their affiliates.
5. Content and User Content
Content and User Content
For purposes of this Agreement, “Content” means any creative expression made available on or through the Services, including without limitation video, audio, photographs, illustrations, animations, logos, tools, written posts, replies, comments, data, text, software, scripts, executable files, graphics, Themes, and interactive features. “User Content” means Content that you or any other user submit, post, upload, transfer or otherwise provide to the Services.
Ownership
You retain all right, title and interest in and to your User Content. Tome retains all right, title and interest in and to the Services and all Content other than User Content.
You retain ownership you have of any intellectual property you post to Tome.
License Grant to Tome
By providing User Content to the Services, you hereby grant Tome a non-exclusive, worldwide, royalty-free, fully-paid, sublicensable and transferable license to use, host, store, cache, reproduce, publish, publicly and non-publicly display and perform, distribute, transmit, modify, adapt (including to conform to technical requirements of various devices and media), and create derivative works of your User Content (the “Tome License”). The Tome License is solely for the purposes of operating, improving, promoting and developing the Services. You represent and warrant that you own or control all rights in your User Content and have the right to grant the Tome License.
The Tome License shall survive termination of your account with respect to any User Content you have made publicly available, recognizing that such Content may have been shared or re-shared by others and may persist in backups or caches.
License Grant to You
Subject to your compliance with this Agreement, Tome grants you a revocable, non-exclusive, non-sublicensable, non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your permitted use of the Services and in accordance with their functionality.
Please note that this license to your User Content survives termination of your account or cessation of use of the Services. Because User Content shared publicly on Tome may elicit comments, reposts, or other interactions by third parties, fully removing or retracting such Content would require erasing others’ contributions and thereby censoring their speech
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
Termination and Deletion
Upon termination of your account or deletion of specific User Content, Tome will make reasonable efforts to render such User Content inaccessible and cease its use. You acknowledge, however, that deleted Content may persist in backups or in other users’ re-shared copies and may not be completely removable. You may delete your account at any time via your Account settings.
6. Paid Services
Certain features of the Services—including Tome Keeper subscriptions and future Tome Token purchases (collectively, “Paid Services”)—require payment of fees, all of which are quoted in U.S. dollars. You agree to pay all applicable fees, taxes, and other charges imposed in connection with any Paid Services. Paid Services grant you a limited, non-exclusive license to access specified for-pay functionality; references to “sell,” “purchase,” “buy,” or similar terms describe only your acquisition of that license and do not transfer any ownership interest in the Services or underlying technology. Except as expressly authorized by these Terms, you may not sublicense, resell, transfer, or exchange any Paid Services.
Tome (through its parent, BingBong Inc.) reserves the right to modify or discontinue any Paid Services—or the terms governing them—at any time in its sole discretion. All purchases of Paid Services are final and non-refundable, except as required by law or at Tome’s sole discretion under the specific rules for each Paid Service. Termination or suspension of your account or your rights under this Agreement may result in immediate forfeiture of any Paid Services you have acquired.
Tome may adjust pricing for Paid Services at any time; we will use commercially reasonable efforts to notify you of material price changes by posting updated fees on the Services and/or by emailing you. If you do not agree to revised pricing, you may refrain from purchasing or may cancel the applicable Paid Service prior to the effective date of the change.
7. Marketplace
7.1 Tome Token Definitions
“Tome Tokens” are virtual, non-cash digital tokens issued by Tome for use solely within the Tome platform. “Token Balance” means the number of Tome Tokens credited to a User’s account.
7.2 Acquisition, Use & Redemption
Users may acquire Tome Tokens through their Tome Keeper subscription stipend, by earning Tokens via badge sales in the in-app marketplace (net of any transaction fees), or by purchasing additional Tokens in-app once such functionality is available. All Token purchases are final and non-refundable. Tokens may be used only for in-platform purchases or activities expressly authorized by Tome. Tokens have no monetary value outside the Tome platform, are not legal tender or securities, and cannot be redeemed for cash or exchanged for real-world value except pursuant to any future redemption program that Tome may introduce in its sole discretion (which may be suspended, modified or terminated at any time).
7.3 Fees, Taxes, Suspension & Compliance
Tome may impose fees for purchase, transfer or maintenance of Tokens. All taxes arising from Token transactions are the sole responsibility of the User. Tome reserves the right to suspend, revoke or forfeit a User’s Token balance upon any suspected fraud, abuse or violation of these Terms. Users must not use Tokens for unlawful purposes, including money-laundering or terrorist financing, and must comply with all applicable laws, regulations and third-party rights in connection with Token use.
7.4 Disclaimers, Modifications & Dispute Resolution
Tokens are provided “as-is” and “as-available” without warranty of functionality, security or availability. Tome’s liability for any loss or damage arising from Tokens is subject to the limitations set forth in Section [9] (Limitation of Liability). Tome may, at any time and without notice, modify or terminate the Token program or these provisions; continued use of Tokens after any change constitutes acceptance of the updated terms.
8. Copyright Policy
Tome has adopted the following policy toward copyright infringement on the Tome platform in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Tome’s Designated Agent for copyright takedown notices (“Designated Agent”) is provided below.
Designated Agent
Please email to: hello+dcma@tomebooks.com
Reporting Alleged Infringement
If you believe that content available on or through Tome infringes your copyright, please send a written notice to our Designated Agent containing all of the following:
Identification of the copyrighted work you claim has been infringed (or, if multiple works, a representative list).
Identification of the infringing material, including its location on the Tome platform (e.g., full URL), with sufficient detail to enable us to locate and verify the content.
Your contact information, including your full name, postal address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
Your physical or electronic signature (for example, a scanned signature or a typed name).
Please note: Information in your notice may be forwarded to the user who posted the allegedly infringing material.
Tome’s Response to Valid DMCA Notices
Upon receipt of a valid DMCA takedown notice, Tome will:
Remove or disable access to the allegedly infringing content;
Promptly notify the user who posted the content that it has been removed or disabled; and
Terminate, in appropriate circumstances, the accounts of repeat infringers, at Tome’s sole discretion.
Counter-Notification
If you believe your content was removed or disabled by mistake or misidentification, you may send a counter-notification to our Designated Agent containing all of the following:
Identification of the material that was removed or disabled, including its original location on Tome;
Your contact information, including your full name, address, telephone number, and email address;
A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, the Southern District of New York) and consenting to accept service of process from the party who submitted the original DMCA notice;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your physical or electronic signature.
Upon receipt of a valid counter-notification, Tome will forward it to the original notifying party. If we do not receive notice within ten (10) business days that the notifying party has filed a court action seeking to restrain your use of the material, we may restore the removed content.
9. Termination
Either party may terminate this Agreement at any time by providing written notice to the other. Tome, through its parent BingBong Inc., may immediately suspend or terminate your access to all or any portion of the Services, without prior notice or liability, for any reason or no reason—including, without limitation, if you breach this Agreement or if your account is flagged for repeat copyright infringement.
Upon suspension or termination of your access, your right to use and view the affected Services and any Content will immediately cease. All provisions of this Agreement that by their nature survive termination—such as ownership rights, warranty disclaimers, and limitations of liability—shall remain in effect. Termination or suspension of your access does not relieve you of any obligations that arose or accrued prior to such action, nor does it limit any liability you may owe to Tome, BingBong Inc., or any third party. Users in the European Economic Area retain any rights afforded to them under our Privacy Policy.
10. Governing Law and Venue
These Terms and any claim or dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts-of-law rules. You and Tome (through its parent, BingBong Inc.) agree that any legal action or proceeding arising under or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in New York County, New York, and you hereby submit to the personal jurisdiction of those courts.
Before initiating any formal dispute, you and Tome each agree to attempt in good faith to resolve the matter informally by contacting the other party.
