| 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. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 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
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