A. ALL USERS
TheBookPatch.com, a service of Wilshire Press, Inc. (WPI) hereby provides access to the information, materials and services of this website and other sites accessed through this website (hereinafter collectively referred to as “Content”), subject to the terms and conditions herein. You are permitted to access and use this website subject to your agreement to and compliance with the terms hereof.
2. Proprietary Rights
2.1 The provisions of this Section apply to writers only and not to reviewers. See “TERMS SPECIFIC TO REVIEWERS” below for details concerning TheBookPatch’s use of Content posted by reviewers.
2.2 TheBookPatch.com and all applicable marks/logos are trademarks and/or service marks of WPI.
2.3 TheBookPatch.com is a registered internet domain of WPI.
2.4 All names, products, services (other than those of WPI) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties who have granted WPI the right or license to use such.
2.5 Except as permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this website, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the content of this website in any way for public or commercial purposes without prior written consent of WPI or other applicable intellectual property right owners.
3. Conditions of Access/Use
3.1 Your use of this website is subject to the terms of this agreement, as updated by WPI from time to time, and the current rules and policies posted on the website, all of which are hereby incorporated by reference. We will endeavor to notify you of any changes to the Member Agreement by posting to the main page of the website and will make an effort to send a notice to the mailing lists on file. However, WPI shall not be liable for failure to note changes to the Member Agreement. The most current version of the Member Agreement is posted at the bottom of the page on the website. In the event of any conflict or inconsistency between the terms of this Member Agreement and the rules and policies posted on the website, the website rules and policies shall supersede and govern. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in Section 4 below without your consent.
3.2 As a condition of your access and use of this website, you will not access and use this website for any unlawful purpose.
3.3 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including, without limitation, tax laws, customs duties and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this website.
3.4 You agree to abide by all the proprietary notices contained in this website.
4. Use of Content Submitted by Writers and Rights of Writers
The provisions of this Section apply to writers only and not to reviewers.
4.1 By submitting material to any public area of the website, you automatically grant WPI non-exclusive rights to display the work on the website at no charge to WPI.
4.2 You grant WPI the right, from time to time and at no charge, to edit, copy, distribute, or make generally available to the public the titles of submitted work, your pen name, and/or short excerpts from work posted to the website by writers for the purpose of promoting your work, WPI, or the website.
4.3 You acknowledge and agree that WPI may preserve your work posted to the website and may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal requirements; (b) enforce the Member Agreement; (c) respond to claims that any work violates the rights of third parties; or (d) protect the rights, property, or personal safety of WPI, its owners, operators, or third parties.
4.4 Except as specifically described above, Writing Members shall retain all rights to the work they post to the website. WPI will not submit the work of Writing Members for publication or publish it to the general public unless the author has consented, in the form of a separate written agreement. By posting work to the website, WPI does not obtain or purchase any publication option or otherwise does not restrict the freedom of Writing Members to market, publish, or sell work they post to the website. WPI may offer to purchase the work of winners of certain WPI competitions as set forth in the applicable Competitions Rules and Regulations; however, the work of Writing Members will not be published unless the Writing Member has consented by signing a separate written publishing contract. WPI may, from time to time, establish additional forms of rights management and ownership programs applicable to work posted on the website. Participation in these offerings will be solely at the discretion of the Writing Member.
5. Dealings through this Website
5.1 WPI is a service created to allow writers to have access to a website created for the purpose of sharing and storing writings. The website allows writers the ability to collaborate with other writers and authors, gives access to free authoring tools, such as character builders and in-story notes, and the ability to professionally print finished works.
5.2 Any dealings with parties other than WPI are exclusively between you and such other third parties. WPI shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
5.3 WPI is not and shall not be a party to any disputes between users of this site, registered or otherwise.
6. Copyrighted Material
WPI owns a copyright in all aspects of the website original to it, including, but not limited to, selection, coordination, arrangement and enhancement of the website, as well as in WPI’s original content on the website.
If you are accessing or using WPI’s website on behalf of another person or entity, you shall assume any personal liability for wrongful use of this website.
8. Service/Product Availability
8.1 This website may contain references to products or services that are not announced or available to you. You should consult the business representatives of any offering party for information regarding the goods or services that may be available to you.
8.2 The product manufactured under this agreement is not intended for use by infant/toddler and makes no claims as to the likelihood of being determined infant/toddler safe.
8.3 Digital printing cannot guarantee repetition of exact color, there may be variance in hues between orders.
9.1 You are permitted to communicate through or to this website (hereinafter referred to as “Communications”), provided such Communications shall not be untrue, unlawful, harmful, misleading, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethically or otherwise objectionable.
9.2 You shall assume full responsibility for any Communications sent to or through this website, and shall not hold WPI, its parents, subsidiaries, affiliates, members and employees harmless for any liabilities incurred as a result of or in connection with your Communications. WPI shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this website.
9.3 WPI is not a party to any user-to-user Communications and shall have no obligation or liability with respect thereto. By access to, or use of this website, you understand that you may be exposed to content posted by another user that is defamatory, libelous, indecent, inaccurate, misleading, or otherwise objectionable to you, and you agree that you shall not hold WPI responsible for any such content.
9.4 Unless otherwise agreed to in writing, any Communications transmitted to or posted on this website under the Public option by you shall be considered non-confidential.
9.5 WPI may, but shall have no obligation to, monitor, limit, restrict, retain or forward the content of any Communications in WPI’s sole discretion.
9.6 WPI reserves the right at all times to review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request. WPI also reserves the right to change, restrict access to, suspend, or discontinue the services offered through this website, or any portion of this website, at any time.
10. System Performance
The structure, sequence, organization and assembling of data, databases, compilations, any derivatives generated therefrom are protected content. You are not permitted to extract from this website except as expressly authorized by WPI.
B. REGISTERED USERS
11.1 Registration for access to and for the use of this website is free unless otherwise indicated.
11.2 Users of this website are required to complete the website’s registration process. Your membership to the website is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account information for all activities that occur under your password or account. You shall not permit: (a) any other person to use your password or to access the website under your registered user name; or (b) any other person to access the website through a single name being made available to multiple users on a network.
You agree to: (a) immediately notify WPI of any unauthorized use of your password or account or any other breach of security by email correspondence to the administrators of WPI; and (b) ensure that you exit and log off from your account at the end of each session if your computer is subject to use by any person other than the registered user. WPI shall not be liable for your failure to comply with this section or to take appropriate security measures.
11.3 You agree to: (a) abide by the terms of the Member Agreement and all other rules and policies posted on the website; (b) to honor the requests made by WPI and its agents with respect to your activities on the website; (c) to provide WPI with accurate and complete registration information, including your age, when registering with the website; and (d) check for updates and update notices of the Member Agreement and the rules and policies posted on the website.
C. OTHER TERMS APPLICABLE TO ALL USERS
Any notices from WPI to you shall be deemed given if sent by email, and are deemed effective as of the date of the email.
13. Use of Adult Content
Some contributions to the website may contain adult, or otherwise mature content. Users who have stated that they are under 18 years of age should not access stories, publications, or any other postings that may contain adult or mature content. It is your obligation to promptly leave areas of the website that contain adult or mature content.
14. General Disclaimer and Disclaimer of Warranty
14.1 This website and the content provided on this website may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice. The accuracy, completeness, security and proper functioning of this website are not guaranteed by WPI.
14.2 WPI does not warrant that this website and its linked websites are free of such items as viruses, worms, trojan horses or other destructive items. It is your responsibility to take precautions related thereto.
14.3 NO OFFER OR SOLICITATION IS MADE BY WPI HEREIN AND NONE MAY BE INFERRED.
14.4 THE WEBSITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER THE APPLICABLE LAW. NEITHER WPI, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY “AFFILIATED PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE, OR ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WPI OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT CONTAINED ON THE WEBSITE, OR IN CONNECTION WITH WPI COMPETITIONS OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WPI NOR ITS AFFILIATED PARTIES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS SOLELY WITH YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WPI AND THE USER. THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WPI AND ITS AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST WPI OR ITS AFFILIATED PARTIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WPI AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF, OR IN CONNECTION WITH YOUR VIOLATION OF THE MEMBER AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE WEBSITE OR YOUR PARTICIPATION IN WPI COMPETITIONS.
16. Non-Exclusive Revocable License
Access to and use of this website are subject to a limited, non-exclusive, personal and revocable license from WPI which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of WPI then in effect.
By accessing or using this website, you agree to indemnify and hold harmless WPI from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys’ fees, arising or resulting from or in any way connected with your access to this website.
18. No Assignment
Your rights and obligations hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly authorized in writing by WPI.
19. Governing Law
Use of and access to this website shall be governed by the laws of the State of Arizona, U.S.A., without regard to its conflict of laws principles.
Any controversy or claim by or against WPI shall be resolved by final and binding arbitration under the rules of the American Arbitration Association then in effect. Judgment upon the arbitration award may be entered in any court having jurisdiction.
Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the State of Arizona, U.S.A., any you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
22.1 Each provision included herein shall be independently enforceable in accordance with its terms.
22.2 Should any provision included herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is close to the original commercial intent shall be given to and supersede such provision, and the balance hereof shall remain in effect.
23. Survival of Rights and Remedies
23.1 The rights and remedies of WPI hereunder shall be cumulative and may be exercised concurrently at WPI’s option and are in addition to the rights and remedies available to WPI at law and in equity, and shall survive the termination of your access to and use of this website.
23.2 All rights and remedies not expressly provided herein are hereby reserved by WPI.
24. Revision and Amendment
No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing and signed by WPI. WPI reserves the right to revise or amend this Legal Notice at any time for any reason, and any such revision or amendment shall apply as of the date designated.
25. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS WEBSITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
26. Entire Agreement
By accessing this website, you agree that the terms and conditions contained in this Legal Notice (including those incorporated by reference) represent the entire understanding between WPI and you with respect to your access and use of WPI’s website, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and WPI.
Last updated October, 2009