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BookRiff Terms Of Service

Welcome to the BookRiff.com site (the “BookRiff Site”), which is operated by BookRiffMedia Inc. (“BMI”). The BookRiff Site and any services or products provided by BMI on or in connection with the BookRiff Site (the “Services”) are provided to the user of theBookRiff Site (the “User”) individually (or, if the user is subscribing to the BookRiff Site on behalf of an organization, such organization) subject to the following terms and conditions (the “Terms of Service”). By using or subscribing to the BookRiff Site or the Services, the User agrees to be bound by these Terms of Service. If the User does not agree to these Terms of Service, do not use the BookRiff Site or the Services.


General Terms Applicable to all Users

1. Account Responsibility

The User is responsible for maintaining the confidentiality of the User’s account ID and password and the User accepts responsibility for all activities that occur under the User’s account or password. The User, if an individual, affirms that he or she (i) is competent to understand, enter into, and comply with these Terms of Service, and (ii) is not under 13 years of age. Where the User is 13 years of age or older but is not of the age of majority in the User’s jurisdiction of residence (a “Minor”), the User may not use certain Services or access certain portions of the BookRiff Site, as determined by BMI in its sole discretion from time to time, except under the supervision of a parent or guardian who is also a User and who is not a Minor. For example, Minors may not purchase or order any materials from the BookRiff Site and will generally only be able to create electronic compilations of content.


2. Changes to these Terms of Service

BMI reserves the right to make changes to these Terms of Service by advising the User of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms of Service on the BookRiff Site. The changes are effective on the later of (i) the date specified in a notice delivered by BMI to the User advising of such changes (which message may be delivered by email, messaging, or other electronic means), or (ii) 14 days after the amended Terms of Service are posted on the BookRiff Site. If the User does not agree to the amended Terms of Service, the User may no longer use the BookRiff Site or the Services after the effective date of the amendment.


3. Privacy Policy

BMI collects, uses, and discloses the User’s personal information in accordance with its Privacy Policy . By providing information to BMI, the User consents to the use of such personal information in accordance with the Privacy Policy.


4. Use of the BookRiff Site

Effective upon BMI’s acceptance of a User’s request to become a registered User of theBookRiff Site and provided that the User continues to comply with these Terms of Service, BMI grants to the User a personal, non assignable, license to log into and access the BookRiff Site, upload content on the BookRiff Site (the “Uploaded Content”), access content made publicly available on the BookRiff Site (the “Public Content”) (all Uploaded Content and Public Content collectively referred to as “Site Content”), and create electronic compilations (“Complications”) from the User’s Uploaded Content and/or the Public Content. The User can also submit orders to print physical copies of the User’s Uploaded Content or Riffs (each a “Print Order”). Where a User seeks to create a Compilation or submit a Print Order, the User must ensure that it has the right to do so by observing any license restrictions attached to the respective Site Content as indicated on the BookRiff Site. Any breach of express license restrictions on any of the Site Content may lead to termination of a User’s account and his/her further access to the BookRiffSite and the Services.


5. Fees

Subject to any licensing restrictions attached to any part of the Site Content, a User may view the Public Content and/or create a Compilation on the BookRiff Site at no cost. For fees applicable to Print Orders, see Specific Terms below for terms applicable to Users submitting a Print Order.


6. Termination of Access

If the User uses the BookRiff Site in any manner that is prohibited by these Terms of Service, BMI may without notice terminate or suspend the User’s use of or access to theBookRiff Site or the Services.


7. Changes to the BookRiff Site

BMI reserves the right to change any aspect of the BookRiff Site or the Services including the right to refuse or remove any part of the Site Content, whatever the source, at any time without any notice or liability to the User.


8. Prohibited Use of the BookRiff Site

The User may not use the BookRiff Site to engage in any unlawful activity or to infringe the rights of BMI, its affiliates, or its customers, or any third party. The User will not (and will not allow the User’s employees or agents to) (i) interfere with the operation of theBookRiff Site or the Services in any way, or interfere with anyone’s use or enjoyment of the BookRiff Site or the Services, or use the BookRiff Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business other than such communications expressly permitted by BMI; (iii) broadcast, publish or transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the BookRiff Site; (v) post any content that infringes or misuses any copyright or other right of any person, or may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; (vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the BookRiff Site or any component thereof (except as permitted under applicable local law after having given BMI written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way theBookRiff Site or the Site Content or the Services or any component thereof other than as may be expressly permitted by BMI or as permitted by applicable laws; or (viii) disclose the User’s password or otherwise grant access to the BookRiff Site to any third party, other than the User’s authorized agent. The User agrees to abide by all additional rules, policies, and restrictions of which the User is provided with notice that apply to any portion of the BookRiff Site or the Services.


9. Operation and Maintenance of the BookRiff Site

BMI operates the BookRiff Site in a commercially reasonable manner and may from time to time interrupt the BookRiff Site’s services for regular and emergency maintenance. Where BMI has advance knowledge of any interruption to the Services, BMI will make reasonable efforts to provide advance notice to the User of any such interruption.


10. Monitoring Use of the BookRiff Site

BMI may monitor the BookRiff Site but is under no obligation to do so. The User hereby waives any expectation of privacy in such information and activity. The User’s waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by BMI in accordance with the Privacy Policy of the BookRiff Site.


11. Intellectual Property of BMI

The copyright to the BookRiff Site, the design and appearance of the BookRiff Site, and all of the material and the Site Content are owned by or licensed to BMI. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of Site Content, including caching, framing, or similar means, from theBookRiff Site (except as permitted herein) without permission of BMI is expressly prohibited.


  © Copyright 2008 BookRiff Media Inc. All rights reserved.


BookRiff and other BMI graphics, logos, publication designs, and service names are trade-marks of BMI or its affiliates or associates. All other trade-marks not owned by BMI or its affiliates that appear on the BookRiff Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BMI or its affiliates. The display of any trade-marks on the BookRiff Site does not imply that a license has been granted for any further use.


12. Claims of Infringement

BMI respects the intellectual property rights of others. If any person believes that his or her work is accessible on or through the BookRiff Site in a way that constitutes copyright infringement, please follow the instructions on how to contact BMI to report possible copyright infringement.


13. Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through theBookRiff Site is solely between the User and such parties. BMI is not responsible for any damages the User may suffer by entering into such transactions or communications.


14. No Warranties and No Liability

The User acknowledges and agrees that the BookRiff Site and the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms of Service acknowledge and agree that this limitation on liability is reasonable in the circumstances.


BMI DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE BOOKRIFF SITE OR THE SERVICES OR THE CONTENT PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. THE USER SHOULD NOT ASSUME THAT THE USER’S USE OF THE BOOKRIFF SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION. BMI DOES NOT WARRANT THAT THE BOOKRIFFSITE, ITS SERVERS, OR ANY COMMUNICATION ORIGINATING FROM THEBOOKRIFF SITE OR BMI ARE FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

BMI DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE BOOKRIFF SITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.


BMI IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE BOOKRIFF SITE OR THE SERVICES OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE BOOKRIFFSITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF BMI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.


WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE.


15. Limit on Damages and Claims

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, THE USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF BMI’S LIABILITY EXCEED THE FEES ACTUALLY PAID BY THE USER IN RESPECT OF THE BOOKRIFF SITE OR, IN THE EVENT THAT THE USER HAS NOT PAID ANY FEES IN RESPECT OF THE SITE, CDN$100.00.


ANY CAUSE OF ACTION THAT THE USER MAY HAVE ARISING OUT OF OR RELATED TO THE BOOKRIFF SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, UNLESS AND TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAWS, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


16. Indemnity

The User hereby agrees to hold harmless and indemnify BMI and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of the User’s misuse of the BookRiff Site, the User’s violation of these Terms of Service, or the User’s infringement of any intellectual property or other right of BMI or any other person or entity, including such activities that are carried out by any individual using the User’s account ID or password information.


17. Jurisdiction

Any dispute relating to the BookRiff Site or the Services shall be governed by British Columbia and Canadian law and shall be adjudicated by the courts of British Columbia, Canada. Nothing in these Terms of Service shall prevent BMI from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over the User or otherwise over such subject matter. BMI makes no representation that the BookRiff Site or the Services are appropriate or available for use in all locations, and accessing the BookRiff Site from territories where the BookRiffSite or its content is illegal is prohibited. If the User chooses to access the BookRiff Site from such a location, the User does so on the User’s own initiative and the User is responsible for compliance with applicable local laws.


Specific Terms Applicable to Certain Users

A. Type of Users

While all Users are subject to the General Terms above, certain Users are subject to further specific terms. The types of Users are:


“Purchaser” which means a User who places a Print Order;


“Compiler” which means a User who uploads Uploaded Content which is not available to the public and/or creates a Compiler ; and


“Creator” which means a User who uploads Uploaded Content and makes such content available to the public as part of the Public Content (the “Published Content”).


For greater certainty, a Compiler or a Creator may be a Purchaser as well, and a Compiler who makes publicly available on the BookRiff Site any of its previously private content becomes a Creator.


B. Private Uploaded Content

Uploaded Content which is not made publicly available on the BookRiff Site is referred to as “Private Content”.  Subject to any other agreement between the Compiler and BMI (i) the Compiler represents and warrants that the Compiler owns the Private Content and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) the Compiler is responsible for ensuring that the Compiler has the right to provide the Private Content to BMI for hosting, transmission, making of Compilations, printing, and publication in connection with theBookRiff Site and the Services (to the extent applicable), and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Private Content, the User agrees to hold harmless and indemnify BMI for any liability arising from the Private Content.


C. Published Content

Subject to any other agreement between Creator and BMI (i) Creator represents and warrants that Creator owns the Published Content and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) Creator is responsible for ensuring that Creator has the right to provide the Published Content to BMI for hosting, transmission, making of Compilations, printing, and publication in connection with the BookRiff Site and the Services, and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Published Content, the User agrees to hold harmless and indemnify BMI for any liability arising from the Published Content.


By uploading or otherwise making available Published Content, Creator grants to BMI the right to make available such Published Content on the BookRiff Site and allow Users to incorporate the Published Content into Compilations, and to otherwise copy, create compilations or derivative works of, broadcast, publish, transmit and use the Published Content as contemplated in these Terms of Services and in the applicable service and product descriptions.


D. Creator License

After uploading the Published Content but prior to making available such Published Content, Creator must choose, from a drop-down menu, a license pursuant to which the Published Content will be licensed to the Users (the “Creator License”). Please see the license terms as hyperlinked in the drop-down menu for more detail. Upon completion of uploading and making available the Published Content, Creator grants to the Users the right to access, use, and otherwise exploit the Published Content in accordance with the applicable Creator License. Where Creator does not select a specific license type, the Creator License will be the default license where the User is granted the right to create Compilations from the Published Content and order and receive physical copies of the Published Content or Compilations provided that copyright attribution notice is present in the Compilations.


In the event of any inconsistency between the provisions of these Terms of Service and the applicable license terms, these Terms of Service shall prevail to the extent of such inconsistency and such license terms will be deemed to have been modified, in writing, by BMI and Creator.


E. Ownership of Uploaded Content and Compilations

Unless otherwise stated for specific Services, the User or its licensors will retain ownership of and all related rights in any original content provided by the User.


F. Content Use Fees

When Creator uploads Published Content, it may determine a fee (“Content Use Fee”) to charge for use of such Published Content in a Compilation.  Unless otherwise agreed between Creator and BMI, BMI will, at the time a Print Order is placed, charge that Content Use Fee to each Purchaser who incorporates that Published Content in a Compilation and places a Print Order for such Compilation.  BMI will pay to Creator all Content Use Fees collected from Purchasers for use of such Published Content, subject to the provisions of these Terms of Service.  Subject to any other agreement between Creator and BMI, payment of any applicable Content Use Fees will commence six months after Creator first uploads Published Content. Thereafter, on or before April 30 and October 31 in each year, BMI will provide to a Creator a semi-annual statement of account of Content Use Fees due to a Creator to the previous December 31 and June 30 respectively, and will pay to a Creator any Content Use Fees due for the respective six-month period.  BMI will make payments of Content Use Fees through electronic payments unless otherwise specifically agreed with a Creator  Where BMI provides to a User one or more replacement copies pursuant to Section K of these Specific Terms, no Content Use Fees or other compensation will be payable to Creator for such replacement copies.


G. Purchaser Fees

The Purchaser is obligated to pay fees (the “Purchaser Fees”) to BMI when the Purchaser submits a Print Order. The Purchaser Fees are calculated in each case on the basis of the number of pages in the Compilation which is the subject of the Print Order, the Content Use Fees due for Public Content incorporated into such Compilation, printing and shipping, and any other fees which BMI may from time to time charge as shown on theBookRiff Site.  The Purchaser Fees for a Print Order will be calculated at the time the Print Order is finalized and ready to send. The Purchaser will provide credit card information for authorization by the appropriate entity when submitting a Print Order, and the Purchaser Fees will be charged to the Purchaser’s designated credit card upon submission of the Print Order. Where the Purchaser fails to pay the Purchaser Fees, BMI may suspend the Purchaser’s account and access to the Services and interest will accrue on the overdue amount at a rate of 1% per month (12% per year).


H. Payment Method

BMI accepts PayPal as its sole method of payment. Any Users making payment on the BookRiff Site for ordered content must be registered users of PayPal. When paying for a Print Order using PayPal, the User will be momentarily connected to the PayPal web site during theBookRiff Site’s check out procedure via encrypted secure connection. The User must complete the transaction at the PayPal website and return to the BookRiff Site’s check out procedure to complete the transaction. If the User does not complete the transaction the Print Order will be automatically cancelled and the User will again be notified by email.  


I. Taxes

Any Print Order which specifies delivery of shipment in Canada is subject to Canadian Goods and Services Tax (“GST”) and may also be subject to Provincial Sales Tax (“PST”) or Harmonized Sales Tax. In some circumstances, the Purchaser may be required to self-assess PST and remit the appropriate amount in accordance with the applicable laws.


Any Print Order which specifies delivery of shipment outside Canada may be subject to additional or other taxes or charges, all of which are the responsibility of the Purchaser.


J. Import Fees

Delivery of a Print Order may be subject to import taxes, customs duties, and fees levied by the country where the recipient receives shipment of the Print Order (“Import Fees”), which may include Canada in the circumstances where BMI uses a third-party service provider located outside Canada to print and ship the Print Order to the Purchaser.  The Purchaser is responsible for all Import Fees and any additional charges for customs clearance. BMI has no control over these charges. Customs policies vary widely from country to country; a Purchaser should contact his/her local customs office for further information.


K. Risk of Loss

If an item ordered from BMI is substantially damaged in transit to the Purchaser, the Purchaser may request a replacement copy from BMI, at BMI’s cost, provided that the Purchaser will, as directed by BMI, either return the item to BMI or destroy the item.

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