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Terms of Service

Terms of Use

Updated: January 1st, 2013

The Site located at http://bookkaholic.com (the “Site”) is a copyrighted work belonging to Bookkaholic Media, Inc. (“Bookkaholic Media,” “we,” “us,” or “our”).  Bookkaholic Media grants you the right to use the Site subject to the terms and conditions set forth below (these “Terms of Use”).  PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

To access and use certain features of the Site or to participate in certain programs offered by Bookkaholic Media, you may be required to agree to certain additional terms and conditions and to register for those programs or features.  For example, if you wish to participate in the Bookkaholic Media Contributor Program and contribute to the blog on our Site (our “Blog”), you must agree to our  Contributor Terms and register for an account on our Site.  All such additional terms and conditions, the Bookkaholic Media Privacy Policy, and Bookkaholic Media Content Policy are hereby made a part of these Terms of Use.

License.  Bookkaholic Media owns and operates the Site.  The information and content available on the Site, including without limitation, our Blog, or in any communications we send you, but excluding Your Content (as defined below) (collectively, “Site Content”) are protected by copyright laws throughout the world.  Subject to the terms and conditions contained herein, Bookkaholic Media grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as a visitor to the Site, an applicant for employment, a current or potential contributor to our Blog, a current or potential business partner, or a current or potential investor of Bookkaholic Media.  All copyright and other proprietary notices on any Site Content must be retained on all copies thereof.  Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited.  Bookkaholic Media and its licensors reserve all rights not granted in these Terms of Use.

Trademarks.  All trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are Bookkaholic Media’s property or the property of other third parties. You are not permitted to use these Marks without Bookkaholic Media’s prior written consent or the consent of the third party that owns the Marks.

Your Content.  We do not claim ownership in any text, images, or other content posted by you on our Site or otherwise submitted by you to Bookkaholic Media, Inc. (collectively, “Your Content”).  We are not obligated to back up any of Your Content.  You are solely responsible for creating backup copies of and replacing any of Your Content that you post on our Site, at your sole cost and expense.  You hereby grant to Bookkaholic Media, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content.  You should only upload Your Content to our Site for which you are willing to grant the licenses described above. You represent, warrant and covenant that (a) you have sufficient rights to grant the licenses described above and (b) Your Content complies with the requirements set forth in our then-current Content Policy.

Modification.  Bookkaholic Media reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice.  You agree that Bookkaholic Media will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

Feedback.  If you provide any feedback or suggestions to Bookkaholic Media regarding the Site, any Site Content, or Bookkaholic Media’s services (collectively, “Feedback”), Bookkaholic Media may use such Feedback for any purpose. So that we may incorporate such Feedback into Bookkaholic Media’s Site, Site Content, and/or Bookkaholic Media’s services, Bookkaholic Media alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and in consideration for your use of the Site, you hereby assign such Feedback to Bookkaholic Media free of charge.

Third Party Links.  The Site may contain links to other web sites operated by third parties.  Such third party web sites are not under the control of Bookkaholic Media.  Bookkaholic Media is not responsible for the content of any third party web site or any link contained in a third party web site.  Bookkaholic Media provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites. If you decide to access any of the third party web sites linked to the Site, you do this entirely at your own risk.  Third party web sites are subject to their own terms and policies, including privacy and data gathering practices.

WARRANTY DISCLAIMER.  BOOKKAHOLIC MEDIA IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK.  Bookkaholic Media DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT.  BOOKKAHOLIC MEDIA DOES NOT WARRANT THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF THE SITE CONTENT.    BOOKKAHOLIC MEDIA DOES NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY.  IN NO EVENT SHALL BOOKKAHOLIC MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BOOKKAHOLIC MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.  BOOKKAHOLIC MEDIA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).  YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.

Exclusions.  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in the WARRANTY DISCLAIMER or LIMITATIONS OF LIABILITY sections, as applicable, may not apply to you.

Release.  You hereby release and forever discharge us, our directors, officers, employees, agents and successors from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with or conduct of other users of the Site.

Indemnification.  You agree to defend, indemnify, and hold Bookkaholic Media and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by Bookkaholic Media or any Indemnified Party arising out of or relating to (a) Your Content or (b) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party.

 

Enforcement by Us.  We have the right, but not the obligation, to review any or all portions of Your Content and delete or modify any of Your Content from our Site for any reason, including if we believe, in our sole judgment, Your Content violates the Content Policy or any these Terms of Use, or that we believe, in our sole judgment, threatens the safety of, or harms any other person, or creates liability for us or any other person.  We reserve the right, but have no obligation, in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site, or modifying it, suspending or terminating your account (if any) and/or your right to use the Site, and/or reporting you to law enforcement authorities, if you violate the Content Policy or these Terms of Use.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including without limitation Your Content, IP address and traffic information, usage history, and/or your account information (i.e. name, e-mail address, etc.) (if any).

Copyright Policy.  It is our policy to remove, or disable access to, material that infringes any copyright from our Site after we have been notified by the copyright owner or the copyright owner’s legal agent.  If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Attention: Copyright Agent

general (at) bookkaholic (dot) com

Amendment.  These Terms of Use may be amended by Bookkaholic Media from time to time.  If we make material changes to these Terms, we will notify you by posting the revised Terms of Use on our Site or notifying you at your primary email address (if any, as specified in your account information).  Your continued use of our Site or any feature thereof thirty (30) calendar days after the changes are first notified by Bookkaholic Media as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site.

General Provisions. If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the Province of Alberta, without giving effect to any conflicts of laws principles that require the application of the law of a different state.  By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Edmonton, Alberta, Canada for any lawsuit filed there against you by Bookkaholic Media arising from or related to these Terms of Use.  These Terms of Use, which includes the Privacy Policy and any other additional terms located on particular pages of this Site, constitute the entire agreement between you and Bookkaholic Media regarding the use of the Site and Site Content.  In the event of any conflict between the terms and conditions contained herein and those in the Privacy Policy or additional terms, the terms and conditions in the Privacy Policy or additional terms, as applicable, will control but solely with respect to the subject matter thereof.

Contact Information.  If you have any questions about these Terms of Use, please contact us by e-mail at general (at) bookkaholic (dot) com in each case marking the message “Attention: Terms of Use.”