A Note about Our Social Network Community
Bookhaul.com is a place where people can post any type of literature content in
hopes of having it published. The entire site is free. Yes, we said free. We feature
novels, technical manuals, poetry, articles, photographs, animations, movies and
content that defies easy categorization. In other words, we enable people to connect
with the world and disseminate information that spans a wide range of subject matter
and spectrums. As such, we also set out to provide a safe, friendly and serious
social network site for people of all ages and backgrounds
Bookhaul.com users range from junior high school kids writing papers to grandparents
writing memoirs, from companies publishing technical manuals to authors looking
to sell their first novels. It should be known that all original work is protected
by first copyright which means that the author of an original work will have it
date stamped and archived upon posting it to our site and this will ensure and enforce
copyright to them alone. This means that you can't post content that you don't own
or have permission to publish. Whoever is first to create an idea and post it -
owns it. See the example below for clarification:
If you write a novel about an alien from a split dimension who comes to Earth as
a dog to discover what Earth people are like. This is your original idea and it
is copyright to you. However, if someone writes another novel about an alien from
a split dimension and they come to Earth and terrorize nations. The plot is significantly
different to allow the second writer to claim copyright for their idea. Understandably
if you user names such as Harry Potter, Hermione, or Electra you would be infringing
on copyright and will be accountable to the copyright law of the country you are
submitting from. If they have no law you will be held accountable under Canadian
and US Copyright laws.
If you have come to this site, you must know that a lot of writers have one good
idea and wish to protect and safeguard it. Therefore it is important to respect
thir original thought and not plagiarize or hitch-hike off their ideas. Writers
rely on the integrity of readers and fellow writers to allow them to make a good
living off their talents. To this end, Bookhaul.com will cooperate fully under the
law to ensure an author's copyright is protected. Our relation database system ensures
this.
Our primary goal was to build a foundation that becomes the "go to" site for a lot
of people, a sit which permits the exchange of prose and poetry, knowledge and ideas,
humour and good feelings. Bookhaul.com has real value, because it is real people
interacting in positive and real ways. Below, you will find the accepted Membership
Agreement for participating on the site. (We also ask you to visit the terms and
conditions for the use of Bookhaul.com's web site. Please don't hesitate to contact
support if you have any questions about the statements contained in this agreement.
1. Legal Agreement
The membership agreement set forth in this document apply to all visitors ("Users"
or "you") to Bookhaul.com's website ("Site"), and constitute a binding, legal agreement
("Agreement") between the User and Bookhaul.com (Haulworks Enterprises, Inc., and
Brydal Technology Inc. - collectively, "Bookhaul.com").
Please read the information below carefully. By using the Site, you accept the terms
and conditions described below, and you warrant and represent that you have the
legal capacity to enter into this Agreement.
2. Introduction
Bookhaul.com is a tool to facilitate the exchange of literature, information and
knowledge in the world. We provide a service to enable Users to publish, and other
people to purchase rights to publish, digital content in on-line format. Digital
content ("Content") may consist of information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials.
3. Content
When you post Content on Bookhaul.com's website, you keep your copyright, but you
grant that Bookhaul.com will provide a service to post, display, copy as necessary,
and advocate that Content for a publishing contract within the limitations of the
Internet Reality Game process.
If you include any information that could be used to identify you, such as your
personal phone number, e-mail address, Social Security number or a government-issued
ID number, (collectively "Personal Data") in your Content, it will be included with
your Content when assigned a publishing contract. By including Personal Data in
the Content you post, you authorize Bookhaul.com to disclose that Personal Data
as part of the Content. You may not include Personal Data about other people in
your Content. By posting your Content on the site, you grant that Bookhaul.com,
in service to the creator may excerpt your Content, excluding any Personal Data
that may have been included, for use in marketing materials, and Bookhaul.com may
make minor modifications to the Content for technical reasons. Of course, Bookhaul.com
will credit you and/or the original author, and we will usually ask you first. You
further agree that Bookhaul.com may make minor modifications to the Content for
technical reasons.
By uploading Content to the Site you represent and warrant, at all times during
the term of this Agreement, that the Content:
a. Is owned by you or, to the extent owned by someone else, that you have permission
to provide the Content to Bookhaul.com for use as described above and, in either
case, that the Content does not contain any Personal Data about any individual other
than you, and that your work is of original thought and copyright to you is applicable.
b. Does not violate any copyright, trademark, trade secret or other intellectual
property right of any third party;
c. Does not invade any individual's right of privacy or publicity;
d. Does not contain material that is unlawful, defamatory, pornographic, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory,
or otherwise objectionable;
e. Does not include malicious code, which includes, without limitation, viruses,
Trojan horses, worms, time bombs, cancelbots, or any other computer programming
routines that may damage interfere with, surreptitiously intercept, or expropriate
any system, program, data, or personal information (including Personal Data);
f. Does not break the law, facilitate the breaking of the law, or violate any applicable
regulation or Bookhaul.com rule or policy;
g. Does not offer or disseminate fraudulent goods, services, schemes, or promotions,
or promote domain names, URLs, or hyperlinks that constitute commercial content
such as that found in advertising, promotions, or solicitations;
h. To the best of your knowledge, all factual information in the Content you upload
is true and accurate, and the use of any recipe, formula or instruction in the Content
will not result in personal injury to any person. Despite all this, Bookhaul.com
cannot guarantee the accuracy, integrity or quality of Content
Bookhual.com reserves the right to refuse to permit your publication on the Site
of any Content that Bookhaul.com, in its sole discretion, deems in violation of
the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter
into this Agreement, and that the entering into of this Agreement does not conflict
with any arrangements or agreements between you and any other person or entity.
4. Community Use
The person who created the Content is entirely responsible for it, and you are solely
responsible for any Content you upload to Bookhaul.com. Since computers and other
equipment (both yours and ours) are subject to occasional malfunction, you agree
that you will not hold Bookhaul.com responsible for any inadvertent damage to, corruption
of or destruction of the Content. Bookhaul.com is not responsible for backing up
the Content. You are responsible for backing up, on your own computer, all Content.
Bookhaul.com will not be responsible for archiving or backing-up any Content. If
any Content transmitted to Bookhaul.com is damaged, lost or corrupted in any way,
Bookhaul.com will have no obligation or liability to you. You are solely responsible
for all Content you generate or forward to Bookhaul.com.
As a User, you agree not to use the Site to:
a. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful or racially, ethically or otherwise objectionable;
b. Harm anyone, including minors, in any way;
c. Use "spam", "blast-faxes", or recorded telephone messages to market Content;
d. Interface with the operation of the Site via the user of viruses, programs or
technology designed to disrupt or damage software or hardware;
e. Employ a robot, spider or other process or device to harvest e-mail address or
other User information or to monitor the activity on the Site;
f. Impersonate another person or entity or to forge any e-mail communication or
message; and
g. Transmit or post Content that violates the terms described in the section of
this Agreement specifically dedicated to Content.
In addition to complying with all restrictions on conduct and Content, you are responsible
for adhering to all local and national laws that pertain to your location, wherever
you are.
5. Privacy
In general, Bookhaul.com collects Personal Data when you register with Bookhaul.com,
when you use Bookhaul.com services and when you visit Bookhaul.com pages or pages
related to the Content posted on Bookhaul.com pages. That information is used to
fulfill your requests of our publishers and book buyers, to conduct research, to
contact you, to contact those who offer you a publishing contract or purchase your
work and to improve Bookhaul.com services. Bookhaul.com endeavours to limit access
to your Personal Data to only those Bookhaul.com employees who reasonably need access
to complete these purposes. You may view and edit your account information at any
time.
Bookhaul.com will disclose Personal Data under the following circumstances:
a. In response to subpoenas, court order, other legal process, to establish or exercise
Bookhaul.com's legal rights or defend against a legal claim, or as otherwise required
by law;
b. As necessary to investigate or prevent violations of the terms of this Agreement,
suspected illegal activity or threats to the physical safety of another person;
c. To Bookhaul.com's trusted partners who work on Bookhaul.com's behalf under confidentiality
agreements;
d. If Bookhaul.com is acquired by or merged with another company; and
e. If you have enabled the Post to Competition option, in which case you consent
to Bookhaul.com displaying your work for the Internet Reality Game show. Bookhaul.com
will transfer your Personal Data to other countries where it does business, but
will always treat your Personal Data according to the terms of Bookhaul.com's Privacy
Pledge.
If you include your Personal Data in content that you upload for posting and/or
purchase on Bookhaul.com's site, that information may be widely available to other
users. Bookhaul.com does not exercise any control over those users and cannot guarantee
that your Personal Data will be protected as described in Bookhaul.com's privacy
pledge. If you make it available as part of content posted on Bookhaul.com's site.
Bookhaul.com does not delete or edit your personal information from the content
you provide. If you do not want your personal information to be displayed as part
of the content you upload, then you must delete it prior to uploading. Remember,
you may not include Personal Data about other people in your Content. You also may
not use Personal Data about other Bookhaul.com Users in a way that is inconsistent
with Bookhaul.com's Privacy Pledge. If you do, you will have violated the terms
of this Agreement, and Bookhaul.com may terminate your membership. Bookhaul.com
is not liable for any damage that may be incurred due to use of Personal Data that
was made available as part of Content posted on Bookhaul.com's site.
Bookhaul.com will set and access cookies to keep track of your login status. Please
reference your browser's "Help" menu to learn how to change cookie preferences.
Your Personal Data does not include your Bookhaul.com username, and any information
you make available through your Public Contact settings. Your Bookhaul.com username
and Public Contact information may be displayed on the site to other users.
For a complete description of Bookhaul.com's use and disclosure of your Personal
Data and our contact information, please review Bookhaul.com's Privacy Pledge.
6. User Registration and Information
We want to make sure that you have correctly completed the information in the User
Registration form on the Site ("User Information"). In the event that any of your
User Information changes int he future, please be sure to promptly update your User
Information on the Site. Remember, it is your responsibility to keep current all
of your User Information on the Site.
You will have the opportunity to select a User ID and Password during the User Registration
process. You are solely responsible in all respects for: (a) all use of the Site
made using your User ID and Password, and (b) maintaining the confidentiality of
your User ID and Password. Only one individual may access the Site at the same time
using the same User ID and Password. You agree to notify us immediately of any unauthorized
use of your e-mail address, User ID or Password or any other breach of security
regarding the Site of which you are away. Bookhaul.com may refuse to grant you a
User ID or Password that impersonates someone else, is protected by trademark or
other propriety right law, is vulgar or otherwise offensive, or for any other reason
7. Retiring Content and/or Terminating Membership
If you wish to terminate your Membership, please contact support with a specific
request to do so.
When you choose to 'retire' or 'delete' your Content from Bookhaul.com, it will
no longer be available or visible to other visitors. If your Content does not receive
a publishing contract, you can delete it. The exceptions to your ability to remove
Content are as follows:
a. If Content has been incorporated into another work for posting on Bookhaul.com,
(another version of the work) then the derivative work will remain available even
when the original work is retired;
b. Content retained in our archives to the extent required by our data backup systems
or, at Bookhaul.com's discretion, for archival purposes. Bookhaul.com will, however,
retain any of your Personal Data only for so long as is reasonably required to fulfill
the purposes for which it was collected;
c. Content that has been provided a publishing contract or bought may still be retired,
but that Content will still be available through archive methods of the site; and
d. Content that you have made available to publishers in electronic formats may
also remain available on the Site (in publishers' Downloads) to Users who have purchased
that Content for their purposes.
Bookhaul.com does not retain any residual rights to deleted or retired work other
than those outlined above.
If you choose to terminate your Membership, the terms above regarding the status
of Content you have upload remain applicable.
8. Restrictions on Use of Content
If you are provided a publishing contract or your work is bought off of the Site,
you agree to the following restrictions with respect to such acquired Content and
the information contained therein:
a. You are always in control of the negotiations and can negotiate for whatever
price you want with the publishers and buyers;
b. You may not negotiate with any other Internet supplier of book publishing services
while your Content is posted on the Bookhaul.com site;
c. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating
derivative work from the Content is permissible only if explicitly designated in
the permissions included with the Content at the time of acquiring a publishing
contract or purchase of your work and only to the extent so explicitly designated.
You agree to abide by any restrictions included with the Content;
d. The Content owners who post Content through Bookhaul.com retain ownership of
the copyrights or other licenses in the Content. You agree not to allow any other
party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer
this Agreement, the Content, any part thereof, or any related rights or obligations
hereunder, to any third party; and
e. You will not remove or obscure any proprietary rights or notices contained in
or on the Content.
9. International Users
Bookhaul.com makes no representation that material on the Site is appropriate to
or available at locations outside of Canada and the United States. You may not use
the Site or export the Contents in violation of Canadian or U.S. export regulations.
If you access theis Site from a location outside of Canada or the United States,
you are responsible for compliance with all applicable local laws.
10. Operation of Site
Technical, maintenance and other issues may make Bookhaul.com unavailable from time
to time. Bookhaul.com makes no commitment, warranty or guarantee that the Site will
operate in a timely, uninterrupted or error-free manner, or that the Site will meet
the User's purposes. Bookhaul.com may also in its discretion modify the features,
availability, operation and/or look and feel of the Site from time to time without
notice to our users.
11. Disclaimers
Everything on Bookhaul.com's Site and everything published via the Site, including
all software, services, information, materials, forums, tools and Content is offered
by Bookhaul.com and its third-party licensors and content providers on an "as-is",
"as-available" basis, without representation or warranty of any kind, including
but not limited to the implied warranties of merchantability, non-infringement and
fitness for a particular purpose. Without limiting the prior statement, Bookhaul.com
cannot vouch for the quality, accuracy, completeness, or correctness of any Content
or information sold or provided through the site.
REGARDING DOWNLOADS, BOOKHAUL.COM DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING
CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT
THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE,
FILES OR PERIPHERALS. BOOKHAUL.COM WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER,
DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE
AND DOWNLOADING CONTENT.
12. Limitation of Liability
In no event shall Bookhaul.com Enterprises, Inc. Or any of its officers, employees,
directors, affiliates, agents or third-party licensors and content providers be
liable to you or anyone else for any special, consequential, indirect, cover, punitive,
incidental or similar damages (including, without limitation, lost profits, lost
sales, or lost business) directly or indirectly related to or arising out of the
Site, Content on the Site, or any transaction entered hereunder, whether in contract,
tort or otherwise, even if Bookhaul.com or one of its officers, employees, affiliates
or agents has been advised of the possibility of such damages. You agree that the
liability of Bookhaul.com, its officers, employees, affiliates, and agents, if any,
arising out of any kind of legal claim (whether in contract, tort or otherwise)
in any way connected with any transaction entered hereunder or the Site shall not
exceed the amount you paid to Bookhaul.com in connection with the transaction giving
rise to such claim. Any action under this Agreement must be commenced within one
(1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS
NEGLIGENCE OF BOOKHAUL.COM, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH,
BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST BOOKHAUL.COM
IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTINE. YOUR SOLE AND EXCLUSIVE EMEDIES UNDER
THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE
TO PROVINCE, STATE TO STATE OR COUNTRY TO COUNTRY.
Indemnification
If someone takes Bookhaul.com to court as the result of something you did in violation
of this Member Agreement, you will pay for any damages or costs assessed against
or incurred by Bookhaul.com. In other words, you shall indemnify and hold Bookhaul.com
harmless against all third party claims, demands, suits, actions, judgments, losses,
costs, damages (direct, indirect and consequential), attorney's fees and expenses
that Bookhaul.com may sustain or incur by reason of any breach or alleged breach
of any representation, warranty, term or condition of this Agreement, and for any
act or omission by you which is in any way related thereto.
13. Proprietary Rights
Bookhaul.com is the owner of all intellectual property rights, including all copyright,
patents, and trademarks, associated with the Site, with all rights reserved, exclusive
of Content provided by third parties (including Content), which is owned by the
licensors of such Content. Bookhaul.com owns the design, format and layout of the
Site. Bookhaul.com authorizes Users of this website to use the Site and to copy
materials posted on the Site strictly for their own personal, non0commerical use,
provided you maintain all notices of rights on the Content. Any and all other uses
of the materials posted on the Site are prohibited. Giving you permission to make
a copy for your own use does not mean that you can do anything else with the Content.
In other words, your authorization from Bookhaul.com does not extend to use of the
design, format, or layout of this website, which may be further protected under
applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark,
and other intellectual property-related notices must remain affixed to any materials
downloaded from this website. Failure to maintain such notices voids the authorization
granted above. In granting this authorization, Bookhaul.com grants no other right,
title, ownership, license, of other property interest in the materials and subject
matter posted on the Site, and in any intellectual property rights protecting such
materials and subject matter.
The Bookhaul.com logo and the names of all Bookhaul.com products and/or services
as posted herein are either trademarks or service marks, or registered trademarks
and/or service marks of Bookhaul.com, Haulworks.com, and Brydal Technologies incorporated
14. Miscellaneous
This Agreement is binding. It cannot be changed, except as the Agreement describes,
specifically including the Amendments section below, unless both parties agree to
a change and that change is set out in a written document signed by both parties.
The United Nations convention on Contracts for the International Sale of Goods shall
not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use
of such rights.
Every provision of this Agreement is intended to be severable. If any section of
this Agreement is found to be invalid or unenforceable, then such section will be
deemed amended and interpreted, if possible, in a way that renders it enforceable.
If such an interpretation is not possible, then the section will be deemed removed
from this Agreement and the rest of this Agreement, will remain in full force and
effect.
This Agreement is governed by the laws of the Province of Alberta, Canada, without
regard to provisional law that may apply. The parties agree that any dispute that
cannot be settled by good faith negotiation shall be submitted to arbitration in
accordance with the rules of Canadian Arbitration. The location of the arbitration
shall be Edmonton, Albe5rta. The arbitration shall be conducted by a single arbitrator
with experience in computer/technology matters and in the publishing industry. The
decision of the arbitrator shall be legally binding, shall not be subject to appeal,
and shall be enforceable in any court of competent jurisdiction.
If anything happens that is beyond reasonable control of either party (wars, sabotage,
riots, labor disturbance, failure or delay of transportation, terrorist act, severe
weather, natural disaster, act of God, etc.), then delays will be expected and performance
may be excused. Bookhaul.com and its subcontractors or suppliers shall not be liable
for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative,
partner or joint venture of the other party for any purpose whatsoever.
15. Term
This Agreement is effective until terminated. Bookhaul.com may terminate or suspend
this Agreement immediately for any reason and without prior notice to you. You may
terminate your Membership by contacting support with a specific request to do so.
Your request to terminate will become effective within 30 days after receipt of
your specific request has been acknowledged by Bookhaul.com. If you choose to terminate
your Membership, the terms of this Agreement regarding any Content you have uploaded
remain applicable. All provisions of this Agreement relating to payment, commissions,
service fees, disclaimers, limitations of liability, indemnification, confidentiality,
and proprietary rights shall survive termination.
16. Agreements and Amendments
By completing the registration process and using the Site, you are confirming that
you have the full power and authority to enter into and perform in accordance with
the terms of this Agreement. You also agree that this Agreement is a legal, valid
and binding obligation, and that its terms and conditions can be enforced. We encourage
you to print and keep a copy for reference.
Bookhaul.com may change the terms in this Agreement from time to time. When the
terms are changed, Bookhaul.com will make a posting on the Site regarding the change.
You agree to review the terms of this Agreement from time to time. If you do not
agree to be bound by any future changes, you should promptly notify Bookhaul.com
and discontinue your use of the Site. If you use the Site after Bookhaul.com has
posted a change to these terms on the Site, you are agreeing to be bound by all
of the changes. (See also Terms and Conditions)
