Sunday

Jul-06-2008

Cost of books diggin' a hole in your pocket? Your Student-To-Student Book Exchange!

 

 

Tell your friends...they may be your next customer!

         
Agreement, Rules & Privacy Policy
Subcriber's Agreement

BY REGISTERING WITH THE BOOK BONE YARD, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not complete the registration process.

This registrant Agreement ("Agreement"), including the Legal Notices and the Privacy Policy, contains the entire terms and conditions that apply to your use of The Book Bone Yard's standard or "limited" service ("service"), and its website and/or co-branded websites The Book Bone Yard may operate or host from its servers (collectively referred to herein as "Site").

This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the past.

1. Registration

We require a registration process so that you may assigned an account number ("Login" or "Login Name") and choose a password, and so that we may permit you to use this service. Your account number will be used to identify you on The Book Bone Yard. You may log in to The Book Bone Yard, use the Services or modify your information, only through your account number and password. You may not have more than one account or account number, and only one email address for your use of the service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with The Book Bone Yard.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account number and password. You agree to notify The Book Bone Yard immediately at staff@bookboneyard.com of any unauthorized use of your account or any other breach of security you learn about.

To protect your privacy and the privacy of others, The Book Bone Yard uses account numbers to identify participants. We keep your email address and other information strictly confidential. You should refrain from using identifiers in choosing your password and in your postings that would compromise your privacy, such as your email address, password hints, etc.

2. Privacy

You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution.) Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the subscribers of Book Buy and Sell. If you do not want to receive newsletters and updates, you may opt out of those services when you register, or, after receiving the newsletters and updates, you may unsubscribe.

For more information regarding The Book Bone Yard's protection of your information, please consult The Book Bone Yard's Privacy Policy below.

3. Guidelines for Use

The Book Bone Yard Services and Site are only available for use by individuals who are age 18 or over. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.

The Book Bone Yard Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the The Book Bone Yard Services or Site for any criminal or illegal activities or any activities that might be legally actionable.

The Book Bone Yard reserves the right to determine what constitutes Internet abuse and objectionable conduct. If The Book Bone Yard believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your registration and access to the The Book Bone Yard Service. Some actions that may constitute Internet abuse or objectionable conduct may include, but are not limited to the following:

• Using an account number or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive to the online community.
• Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
• Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of The Book Bone Yard, inappropriate for the The Book Bone Yard community.
• Impersonating any person or using a name that you are not authorized to use could lead to a suspension.
• Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, Serial Numbers of products for which you do not have a registered license.
• Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
• Soliciting individuals to join other services comparable to or competitive with The Book Bone Yard.
• Posting links in open questions or in personal profiles that lead to a competitor's site.
• Promoting any products or services that are unlawful at the location at which the content is posted or received.
• Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
• Posting, transmitting or linking to statements that are intentionally false or misleading.
• Introducing viruses, worms, harmful codes or Trojan horses.
• Spamming, flaming or other similar activities, such as arguments between any one in a question.
• Violating the guidelines for unethical behavior.

Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other registrants not following these Guidelines, please notify us by contacting the staff at The Book Bone Yard.

4. Content License

The Book Bone Yard enables registered individuals to post books for sell, requests for books, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used globally by other people who visit the Site.

You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by The Book Bone Yard and its affiliates will not infringe upon or violate the rights of any third party. Before you use The Book Bone Yard Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with The Book Bone Yard and posting Your Content on the Site, you grant The Book Bone Yard and its affiliates and sub-licensees the right to use your account number with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify The Book Bone Yard at staff@bookboneyard.com.

5. The Book Bone Yard Property Rights

The layout, design, concept and organization of the Book Buy and Sell Site and Services are subject to The Book Bone Yard's intellectual property rights. All rights are reserved.

You acknowledge and agree that The Book Bone Yard owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all intellectual property rights therein. Any use of The Book Bone Yard Services, Site, technology, and/or any intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from The Book Bone Yard before you copy, upload, transmit, reproduce, distribute or in any way exploit any The Book Bone Yard Services, technology and/or intellectual property rights, obtained through the The Book Bone Yard Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use The Book Bone Yard's trade names, service marks or any other trade insignia. Any use of The Book Bone Yard's trade names, service marks or any other trade insignia shall be subject to The Book Bone Yard's prior written consent.

6. Agent for Notification of Claimed Infringement

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, The Book Bone Yard has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at The Book Bone Yard at staff@bookboneyard.com.

7. Disclaimers of Warranty

Other than providing a framework in which registrants post related book and individual contact information, The Book Bone Yard does not review or verify the content of every posting at its Site or every email distributed from its site. The registrants who participate at The Book Bone Yard have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us.

YOU EXPRESSLY AGREE THAT USE OF THE BOOK BONE YARD SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

THE BOOK BONE YARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, ADVERTISING, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. THE BOOK BONE YARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE BOOK BONE YARD MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THE BOOK BONE YARD DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES THE BOOK BONE YARD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. ALL TRANSACTIONS OF SERVICES ON THIS SITE BETWEEN A REGISTRANT AND A CONSUMER ARE SOLELY BETWEEN THOSE TWO PARTIES. THE BOOK BONE YARD ASSUMES NO LIABILITY OR RESPONSIBILITY, EXPRESS OR IMPLIED, RESULTING FROM A TRANSACTION BETWEEN PARTIES BUYING AND SELLING THROUGH THIS SITE. THE BOOK BONE YARD DOES NOT PERFORM IN THE CAPACITY OF AN AGENT FOR EITHER INVOLVED PARTY BUT OPERATES INDEPENDENTLY OF ALL PARTIES ACCESSING AND USING ANY SERVICE PROVIDED THROUGH THIS SITE. ALL DISAGREEMENTS ARISING FROM A TRANSACTION BETWEEN A REGISTRANT AND A CONSUMER SHALL BE DEALT WITH SOLEY BETWEEN THOSE TWO PARTIES AND SHALL NOT INVOLVE THE BOOK BONE YARD. ALL PARTIES ELECTING TO USE THE SERVICES OF THE BOOK BONE YARD DEMONSTRATE THEIR UNDERSTANDING, AGREEMENT AND ACCEPTANCE OF THIS RESOLUTION POLICY BY THEIR USE OF THE SERVICES PROVIDED THROUGH THIS SITE. ALL PARTIES INVOLVED IN A TRANSACTION AGREE THAT THEY WILL NOT REQUEST OF THE BOOK BONE YARD TO GIVE OR MAKE AVAILABLE ANY REGISTRANT INFORMATION THAT IS PART OF THE REGISTRATION PROCESS OR MODIFICATIONS OF THE REGISTRANT INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

In fairness to others who wish to use the service, and in order to continuously improve the performance of the The Book Bone Yard system, The Book Bone Yard reserves the right to retire inactive accounts from time to time.

8. Limitation on Liability

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL THE BOOK BONE YARD, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("THE BOOK BONE YARD AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, ACADEMIC INFRINGEMENT, EVEN IF THE BOOK BONE YARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY THE BOOK BONE YARD SHALL BE CANCELLATION OF YOUR REGISTRATION TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Indemnification

The Book Bone Yard provides its Services and Site to Registrants on the assumption that Registrants will act professionally and responsibly. If they do not, Registrants must bear full responsibility for their actions. As a Registrant, you agree to defend, indemnify and hold harmless The Book Bone Yard, its owners and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your account number and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. The Book Bone Yard reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of The Book Bone Yard, which shall not be unreasonably withheld.

10. Termination

This Agreement shall be effective for as long as you use the Services and as long as your content is present in the database of The Book Bone Yard.

Either you or The Book Bone Yard may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party in the form of an email. The Book Bone Yard may terminate this Agreement immediately if, based on The Book Bone Yard's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of The Book Bone Yard Services or Site, (ii) infringed or violated any intellectual property right of The Book Bone Yard or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.

The termination of this Agreement shall terminate your access to the Services. Neither The Book Bone Yard nor any The Book Bone Yard Affiliate shall be liable to you or to any third party for termination of the Services for any reason.

11. Export Control Compliance

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.

12. Consumer Rights

If you should have any complaints about The Book Bone Yard Services, or need further information about the Services, contact Community Support at staff@bookboneyard.com.

13. No Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of The Book Bone Yard.

14. Severability

If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Applicable Law and Jurisdiction

This Site (excluding links) is controlled and operated from the The Book Bone Yard office in Hamilton, Georgia USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Georgia and the United States of America , without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Georgia and the United States of America . The federal and state courts of the State of Georgia located in Atlanta, Georgia USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by email sent to the address you provide The Book Bone Yard in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.

16. Notices

Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at staff@bookboneyard.com, and to you at the email address you provide The Book Bone Yard during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.

The Book Bone Yard may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your registration to the Services and terminate this Agreement. Registrants should check this Web page from time to time to check for modifications of this agreement.

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Privacy Policy of The Book Bone Yard

Our Privacy Policy covers what personally identifiable information of yours or third party personal identification is collected from you through the Web site.

Use of IP Address:

We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information.

Registration:

Our site's registration form requires registrants to give us limited information, like contact information consisting of their name and email address. The registrant's contact information is also used to contact the registrant when necessary. Registrants may opt-out of receiving future mailings, such as The Book Bone Yard newsletter, by returning the electronic mailing with "Unsubscribe" in the subject line of the email or by personally modifying their own registrant profile information.

The Organization Collecting the Information:

The data that you provide for The Book Bone Yard is collected from and for the The Book Bone Yard site only.

With Whom the Information May Be Shared:

No one. Even at the expense of growing our site, forming relationships with partners to promote The Book Bone Yard or to encourage new registrants to join our site, The Book Bone Yard will not share any information collected from registrants with other entities, except where or when required by law.

This site contains links to other sites. The Book Bone Yard is not responsible for the privacy practices or the content of such Web sites.

How the Information is Used:

A. Surveys...

From time to time, The Book Bone Yard may conduct online surveys.

B. Third Party Advertisers

The Book Bone Yard works with third parties to display advertising on our site. These ads may contain cookies. This policy only covers the use of cookies by The Book Bone Yard and does not cover the use of cookies by any advertisers. The Book Bone Yard does not have control, nor access to the information contained in its advertisers' cookies.

C. Public Bulletin Areas

This site provides an "All-Points-Bulletin" in the "Book Wish List" area for use by its registrants and non-registrants of The Book Bone Yard. Any information that is disclosed in this area becomes public information and you should exercise caution when deciding to disclose your personal information.


What Choices Are Available to You Regarding Collection, and Use?

Choice/Opt-Out

The Book Bone Yard is not responsible for removing information from third party lists that registrants have previously granted authorization to share.

This site gives registrants the following options for removing information from our database, to not receive future communications, or to no longer receive our service. Registrants may modify or delete some or all of their profile information they submitted to us or registrants can send an email to staff@bookboneyard.com requesting to have their profile information deleted or modified.

Security procedures are in place to protect the loss, misuse, or alteration of information under The Book Bone Yard's control. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our registrants. You, the consumer, are ultimately responsible for the security of your Book Bone Yard login account number and password. Please take care to store your Book Bone Yard login account number separately from your account password, or better yet, choose a password that you don't need to write down at all.

How You Can Correct Any Inaccuracies in the Information:

Correct/Update

This site gives registrants the following option for changing and modifying information previously provided.

You may change your own information by using the login feature and making necessary changes in the update section of this site. After you have made changes to your account, make sure to click the "Submit" button.

Notification of Change

This policy may be revised over time as new features are added to the web site or as events or time deem necessary. We will post these changes here so that you will always know what information we gather, and how we may use that information. Please check this site for information about revisions to our privacy policy.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:

Customer Support
The Book Bone Yard
staff@bookboneyard.com