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PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE BOOKHOOKS PRIVACY
POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE BOOKHOOKS
SERVICES.
Welcome
Welcome to BOOKHOOKS's terms and conditions of use. These terms and conditions
of use apply to and govern your use of BOOKHOOKS's Web site(s) (the "Site")
as a passive visitor, as well as the services that BOOKHOOKS provides
to participants who sign up with BOOKHOOKS as members ("Members")
(such services to be referred to herein as "Services"). For
purposes of these terms and conditions of use, the words "you"
and "your" shall refer to any visitor to the Site, as well as
any Member, as defined above. Your use of the Site or the Services signifies
your agreement to be bound by these terms and conditions. If you do not
agree to be bound by these terms and conditions of use, you may not access
or otherwise use the Site or receive the Services. BOOKHOOKS's current
privacy policy which addresses BOOKHOOKS's use and release of information
collected from your
use of the Site and receipt of the Services is available at http://www.bookmates.com/
privacy.cfm
License to Use the Site
BOOKHOOKS grants you a non-exclusive, non-transferable, limited right
to access, use and display the Site and the materials thereon for your
personal use only, provided that you comply fully with these terms and
conditions of use. You shall not interfere or attempt to interfere with
the operation of the Site in any way through any means or device including,
but not limited to, spamming, hacking, uploading computer viruses or time
bombs, or the means expressly prohibited by any provision of these terms
and conditions of use. Except as expressly provided herein or otherwise
allowed by BOOKHOOKS, you may not use the Site or the Services for any
commercial purpose.
Changes to Terms and Conditions of Use
BOOKHOOKS reserves the right, at its sole discretion, to change, modify,
add or remove any portion of these terms and conditions of use, in whole
or in part, or to incorporate service fees for Members, at any time. Changes
in these terms and conditions of use will be effective when posted. You
agree to review these terms and conditions of use periodically to be aware
of any changes. Your continued use of the Site after any changes to these
terms and conditions of use are posted will be considered acceptance of
those changes.
Ownership; Restrictions
BOOKHOOKS owns, controls, licenses or has the right to use and provide
the Site and all material on the Site, including without limitation text,
images, articles, photographs, illustrations, audio and video clips, (collectively
the "Content"). The Site is protected by copyright as a collective
work and/or compilation, pursuant to Canadian copyright laws, international
conventions, and other copyright laws. BOOKHOOKS, and/or its third party
providers, are the owners of the copyright in the entire Site. BOOKHOOKS
owns a copyright in the selection, coordination, arrangement and enhancement
of the Site. You agree to abide by any and all copyright notices, information
or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the
transfer or sale of,
post on the World Wide Web, mirror, or in any way exploit the Site or
any portion thereof
for any public or commercial use, other than as expressly provided by
these terms and
conditions of use, without the express written permission of BOOKHOOKS.
You may download one (1) copy of Content from the Site for your personal
use, provided that you maintain all copyright, attribution and other notices
contained in or on such Content, including without limitation trademarks
and service marks of BOOKHOOKS and its affiliates or the copyright holder
identified in the individual Content's copyright notice. No other permission
is granted to you to print, copy, reproduce, distribute, transmit, upload,
download, store, display in public, alter, or modify the content contained
on this Site. You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material. You are responsible for complying
with all applicable laws, rules and regulations regarding your use of
any such downloaded Content. In the event of any permitted copying, redistribution
or publication of material from the Site, no changes in or deletion of
author attribution, trademark, legend or copyright notice shall be made.
You may obtain more information on the copyrights, trademarks, and service
marks of BOOKHOOKS and its affiliates and Content owners by viewing the
copyright and trademark notices posted on the Site.
This Site also contains trademarks of BOOKHOOKS protected under Canadian
and International Trademarks laws. Use of such marks without BOOKHOOKS's
written permission is strictly prohibited.
Change to Site or Content
BOOKHOOKS shall have the right for any reason, in its sole discretion,
to terminate, change, suspend or discontinue any aspect of the Site or
Services, including but not limited to Content, features, or hours of
availability. BOOKHOOKS may also impose limits on certain features and
Services or restrict your access to parts or all of the Site without notice
or liability.
Services
Upon a Member's registration on the Site, BOOKHOOKS will create an online
account for the Member containing information provided by the Member (the
"Member Account"), which account shall be accessible and modifiable
by the Member thereafter at the Site using a password and user name, in
accordance with the Privacy Policy. For more information about how BOOKHOOKS
collects, maintains and uses Member information, please consult the Privacy
Policy.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant
to BOOKHOOKS that you:
- Will only use this Site and Services for lawful purposes in accordance
with these terms
and conditions of use; Agree and consent to our Privacy Policy;
- Agree not to infringe the proprietary rights, intellectual property
rights, rights of publicity or privacy rights of BOOKHOOKS or third
parties in connection with your use of the Site;
- Agree to provide us with accurate information, and to update such
information in the
event that it becomes outdated or inaccurate, as necessary for provision
of the Services to Members through our Site, and to take responsibility
for the information you provide;
- Will be responsible for creating and maintaining the confidentiality
of your user name and password, and for all activity occurring under
your password and Member Account;
- Will not intentionally or unintentionally violate any applicable local,
provincial, national or international law, including but not limited
to any regulations having the force of law, while using or accessing
the Site or the Services;
- Will not harvest, gather or otherwise collect contact information
of other users of the Site or Services, for any purpose including, without
limitation, transmitting any unsolicited advertising, junk mail, spam,
or chain letters;
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing,
abusive, threatening, inflammatory, libelous, defamatory, fraudulent
or similarly harmful or discourteous language in any e-mail or form
entry created through this Site;
- Will not scroll faster than others in chat rooms in a way that affects
others' right of
enjoyment of the Site; and
- Will not access or attempt to access unauthorized areas of the Site,
tamper with other users' postings, or unreasonably load or burden the
Site's servers.
Members who violate these terms and conditions of use, at BOOKHOOKS's
sole discretion, may have their Member Account suspended or terminated,
and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that BOOKHOOKS has the right, but not the obligation, to monitor
all material on the Site at any time for any reason in its sole discretion
to determine compliance with these terms and conditions of use and any
other operating rules that BOOKHOOKS may establish from time to time.
Notwithstanding this right of BOOKHOOKS, BOOKHOOKS does not and cannot
review all materials posted to the Site by users, and BOOKHOOKS is not
responsible for any such materials posted by users. BOOKHOOKS reserves
the right at all times to edit, disclose, refuse to post, request removal
of or remove any material or information as may be necessary to comply
with any law, regulation or government or agency request or if, in BOOKHOOKS's
sole discretion, such materials are objectionable or in violation of these
terms and conditions of use. BOOKHOOKS does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other information
displayed or distributed through the Site. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or information shall
be at your sole risk. BOOKHOOKS reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless BOOKHOOKS, and all its officers,
directors, owners, agents, employees, content providers, partners, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
from and against any and all losses, damages, liabilities, and claims
and all fees, costs, expenses, of any kind related thereto (including,
without limitation, reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of, based upon or resulting
from your use of the Site or receipt or use of the Services. BOOKHOOKS
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without the written consent
of BOOKHOOKS.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet
sites, resources, and sponsors of the Site. Links to and from our Site
do not constitute an endorsement by BOOKHOOKS or any of its subsidiaries,
partners and affiliates of any third party resources or their services
or contents. Links do not imply that BOOKHOOKS or the Site sponsors are
affiliated or associated with or are legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible through
the links, or that any linked sites are authorized to use any trademark,
trade name, logo or copyright symbol of BOOKHOOKS or any
of its affiliates. BOOKHOOKS is not responsible for content on or services
provided by other Web sites that are linked to or from the BOOKHOOKS site,
including without limitation BOOKHOOKS's partners' Web sites and services.
You should direct any concerns regarding any external link to its site
administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED
TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER BOOKHOOKS NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE
SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS
TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT,
MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE,
ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SITE OR ANY LINKED SITE. BOOKHOOKS AND ITS PARTNERS, SUBSIDIARIES
AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE
OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO BOOKHOOKS'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH
THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL BOOKHOOKS, ITS SUBSIDIARIES,
PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE
USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS,
SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS
OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOOKHOOKS,
ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS
OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
BOOKHOOKS's Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including
without limitation the information contained in your Member Account, if
any, may be included in a database owned by BOOKHOOKS and its subsidiaries,
partners and affiliates in which we have rights and interest, including
but not limited to, the compilation copyright. We reserve the right to
use any information or materials you provide to us or that we obtain through
your use of the Site or Services to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any
other form of
communication (individually or collectively "Communications")
to or within the Site, you grant to BOOKHOOKS a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty-free license to use
(including use for promotional and advertising purposes), copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications and any ideas or
original materials contained in such Communications, in all media now
known or hereafter developed, without any compensation to you. This grant
shall include the right to exploit any and all proprietary rights in such
Communications including, without limitation, any and all rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You waive all rights to any claim against BOOKHOOKS for any alleged or
actual infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection with
such
Communications. You agree and understand that BOOKHOOKS is under no obligation
to use any material or ideas submitted by you in any Communications in
any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential
and your
Communications may be read or intercepted by others. You acknowledge that
by submitting Communications to BOOKHOOKS or the Site, no confidential,
fiduciary, contractually implied or other relationship is created between
you and BOOKHOOKS or any BOOKHOOKS affiliate or subsidiary other than
pursuant to these terms and conditions of use. BOOKHOOKS shall not be
responsible for the payment of any monies to any party in connection with
BOOKHOOKS's use of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site or Services for any commercial purpose.
Non-Canadian Residents
BOOKHOOKS makes no representation that materials in the Site and their
copyrights, trademarks, patents, and licensing arrangements, are appropriate
or available for use in locations other than Canada. Those who choose
to access this Site from other
locations outside of Canada do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Termination
You understand and agree that BOOKHOOKS may, in its sole discretion and
at any time, terminate your Member Account, if any, and discard and remove
any content or information contained therein, for any reason. BOOKHOOKS
may also, in its sole discretion and at any time, discontinue any Services,
or limit or restrict any user's access to the Site or the Services, for
any reason. You understand and agree that BOOKHOOKS may take any one or
more of these actions without prior notice to you, but shall use commercially
reasonable efforts to notify you of such termination. You understand and
agree that BOOKHOOKS shall not have any liability to you or any other
person for any termination of your Member Account or access to Services
and/or the removal of such information. Member may terminate its Member
Account at any time by sending a request of termination by e-mail to BOOKHOOKS
at the following address: hoad@hoadworks.com.
General Provisions
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the Province of Ontario, without regard to
conflicts of laws provisions. The sole and exclusive jurisdiction for
any action or proceeding arising out of or related to these terms and
conditions of use shall be an appropriate Provincial or Federal court
located in Toronto in the Province of Ontario and you hereby irrevocably
consent to the jurisdiction of such courts. If for any reason a court
of competent jurisdiction finds any provision of these terms and conditions
of use, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect the intent
of these terms and conditions of use, and the remainder of these terms
and conditions of use shall continue in full force and effect. These terms
and conditions of use constitute the entire agreement between you and
BOOKHOOKS with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to
such subject matter. No waiver by either you or BOOKHOOKS of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
BOOKHOOKS, INC. PRIVACY POLICY
BOOKHOOKS has created this privacy statement in order to demonstrate
our firm commitment to our visitors' and participants' privacy. The following
discloses our information gathering and dissemination practices for this
Web site: www.bookmates.com. This Privacy Policy is a portion of, and
is incorporated into, the Web Site Terms and Conditions of Use.
Non-Personal Information
During your visit to the Site, we may request non-personally identifiable
demographic and
profile data, though your provision of this information is optional. We
may use this data to
improve our Site and enhance your experience. For example, we may use
this data to tailor your experience at our Site, show you content that
we think you might be interested in, and display content according to
your preferences. We may also share this information with others, such
as advertisers interested in advertising on the BOOKHOOKS Site, in aggregate,
anonymous form, which means that the information will not contain any
personally identifiable information about you or any other person.
We may use your IP address to help diagnose problems with our server,
and to administer our Site. Your IP address is used to help identify you
for the duration of a session and to gather broad demographic information.
As you browse the Internet, a trail of electronic information is left
at each Web site you visit. This information, which is sometimes called
"clickstream" data, can be collected and stored by a Web site's
server. Clickstream data can tell us the type of computer and browsing
software you use, the address of the Web site from which you linked to
the BOOKHOOKS Site, and in some instances, your e-mail address. We may
use clickstream data to determine how much time visitors spend on each
page of our Site and how they navigate throughout the Site. We will only
use this information to improve the BOOKHOOKS Site.
Personal Information
When registering at our Site as a Member, you may be asked to provide
certain personally
identifiable information about yourself, such as your name, company name,
job title, e-mail address and certain information about your business
and preferences. You may also be giventhe option of providing additional
personal information such as your URL, phone and fax number and mailing
address.
We use personal information provided by Members to notify Members about
opportunities,
deliver BOOKHOOKS newsletters and otherwise communicate with Members about
BOOKHOOKS and its products and services. BOOKHOOKS will not share any
personal information of Members with any unaffiliated third parties, without
your consent. BOOKHOOKS DOES reserve the right to share your personal
information with any publisher from which you purchase one or more items
through BOOKHOOKS.
As part of your use of the Services, you are responsible for maintaining
and updating, as
applicable, your Member Account information with current, accurate and
complete information. You may do this, using your password and user name,
by visiting the customer service portion of the BOOKHOOKS Site at http://www.bookmates.com/memberedit.cfm
to make such changes.
Cookies
"Cookies" are pieces of information that are placed on an individual's
computer hard drive to enable the individual to more easily communicate
and interact with the BOOKHOOKS Site. BOOKHOOKS may use cookies to customize
your Site experience, to deliver content specific to your interests, to
remember the items in your Shopping Cart, and for other purposes. However,
you may disallow cookies through your Web browser and still visit our
Site. BOOKHOOKS will never use cookies to retrieve information from a
computer that is unrelated to the BOOKHOOKS Site or Services or your interaction
with the BOOKHOOKS Site.
Consent to Processing
By providing any personal information to this Site, you fully understand
and unambiguously consent to the collection and processing of such information
in Canada and/or any other country.
Other Sites
Our Site may contain links to other sites. Other sites may also reference
or link to our Site. BOOKHOOKS is not responsible for the privacy practices
or the content of such other sites.
Supplemental Information
We may supplement the information that you provide to us with information
that is received from third parties.
Security
We take seriously the security for all personal and non-personal information
associated with our visitors and participants. However, due to the open
communication nature of the Internet, we can not guarantee that communications
between you and BOOKHOOKS, and BOOKHOOKS and you, will be free from unauthorized
access by third parties.
Choice/Opt-Out
If we ever send you information by e-mail concerning new BOOKHOOKS products
or services, we will provide you with an e-mail address by which you may
request no future notices.
Your Acceptance of this Policy
By visiting this Site or receiving Services, you signify your assent to
our then-current Privacy Policy. If you do not agree to this policy, please
do not use our Site or Services. We reserve the right, at our discretion,
to change, modify, add, or remove portions from this policy at any time.
Your continued use of our Site following the posting of changes to these
terms means you accept these changes.
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