Bookhaul Member Agreement

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)