Description of the Service
BookDaily is an online service designed to offer readers the opportunity to read sample chapters from books provided by book publishers or aggregators of book content. Readers may read the books on the bookdaily.com website. Readers may also register for an account on the website and designate certain book samples be sent to them by email. By participating in this service, the reader authorizes BookDaily and ArcaMax Publishing, Inc. to send content-based and advertising-based emails to the reader, subject to the active subscription status of the reader. The reader may "opt-out" of these emails at their discretion by using the BookDaily unsubscribe mechanism, according to Federal Can-Spam regulation.
As a member of BookDaily, a reader may participate in an online "community" for the purpose of providing user-generated book reviews and comments. Any comment submitted for publication on the BookDaily site may be edited or blocked by BookDaily at its sole and absolute discretion, for any reason or no reason. We do not regularly review the content posted on the BookDaily Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Inappropriate language (including but not limited to pornographic language, racist or hate speech, abusive language, etc.) will be not be tolerated.
By participating in the BookDaily community, you acknowledge and understand that your comments will be in a public forum and in doing so, may provide personally identifiable information. You acknowledge and agree to forever hold BookDaily harmless in connection with any liability related to the release of such information.
In addition, any material that you choose to post must be owned entirely by you and cannot infringe on the copyright of any other party.
Authors and Publishers
Authors and Publishers and their agents may submit book content to BookDaily for the purpose of encouraging readership by the BookDaily reader community. This content may include but is not limited to book excerpts, marketing copy, biographical information and other promotional media.
Any content submitted for publication on the BookDaily site may be edited or blocked by BookDaily at its sole and absolute discretion, for any reason or no reason. We do not regularly review the content posted on the BookDaily Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Inappropriate language (including but not limited to pornographic language, racist or hate speech, abusive language, etc.) will be not be tolerated.
Any party submitting book content represents and warrants that they are the copyright owner or are authorized to act on behalf of the copyright owner for such content. Further, submission of this content will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. By submitting content to BookDaily, they hereby grant BookDaily a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, and distribute this content in connection with the Site without limitation and without compensation.
The Author Circle List
The Author Circle service was available to participating authors through March 2012. It was designed to connect readers with their favorite authors. While not all applicable due to the termination of the program, the following terms apply as appropriate to any activity resulting from the use of this service. An author, publisher, agent, or other related entity ("promoting entity") may choose to offer readers the opportunity to join an external, dedicated promotional email list for the purpose of providing those readers with information relevant to their reading interests. These external promotional lists are not owned or controlled by BookDaily or ArcaMax Publishing, Inc.
Any book related to a promoting entity will include an icon allowing BookDaily users to join their list. The BookDaily reader must have an active BookDaily account and be logged in to the site to see the icon and use this service. By clicking the icon, the account holder's email address will be made available to the promoting entity for their marketing use.
By clicking the icon for an "Author Circle" list, you authorize BookDaily to transfer your email address (including time stamp and IP information) to the promoting entity. If you subsequently decide to remove yourself from a promoting entity's list, BookDaily will notify the promoting entity of this as well. Please note that BookDaily has no control over any message sent to you by a promoting entity, and you BookDaily harmless of all liability as a result. If you would like to stop communications from a promoting entity, please notify them directly. Cancelling your BookDaily account or any BookDaily subscriptions will not impact your status on any external promoting entity's list.
For Authors, Publishers, Agents (Promoting Entities)
You agree to maintain the confidentiality of any email address you receive through this program. Further, you agree to update your list prior to deploying any email campaign, paying particular attention to remove BookDaily readers who no longer want to receive your material. As well, you agree to immediately remove any BookDaily from your list who unsubscribes from you directly.
By participating in BookDaily's "Author Circle" program, you agree to abide by all BookDaily procedures and according to the provisions of Federal Can-Spam law. In particular, you agree:
You will not use the E-Mail Addresses for purposes of Spam. For purposes of this Agreement, an email shall be deemed to be "Spam" if such email satisfies any one or more of the following criteria: (i) the email contains or includes a falsified sender domain name or non-responsive IP address; (ii) the email contains or includes a false or misleading subject line that attempts to disguise or conceal the content of the email; (iii) the email fails to contain or include valid and responsive contact information of the sender (iv) the email header, from line or content is likely to mislead a recipient, acting reasonably under the circumstances, about the commercial/advertising nature of the message; (v) the email is sent for the purpose (but not necessarily the sole purpose) of harvesting the email addresses in order to send future unsolicited emails; or (vii) the email otherwise violates (or the transmission of the email violates) the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act") or any other applicable law; You will not use the Services to (i) send any e-mail or Third Party Creative that infringes upon the intellectual or other proprietary rights of a third party; (ii) send any e-mail or Third Party Creative that violate the laws of any jurisdiction; (iii) send any e-mail or Third Party Creative that contains or links to any material which is harmful, threatening, defamatory, obscene, pornographic, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that BookDaily informs you that it considers objectionable; or (iv) send any e-mail or Third Party Creative in violation of BookDaily's privacy policies.
If you breach this in anyway, BookDaily may terminate this agreement for cause.
Disclaimers of Warranties and Limitations on Liability
THE BOOKDAILY SERVICE, INCLUDING ALL BOOK SAMPLES, COLUMNS AND BOOK REVIEWS, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE BOOKDAILY SERVICE, THE WEBSITE AND ITS CONTENTS. BOOKDAILY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BOOKDAILY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT BOOKDAILY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE BOOKDAILY SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. In no event shall BookDaily, ArcaMax Publishing, Inc. its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the BookDaily website.
Intellectual Property and Copyright
All content included on the BookDaily Web site and delivered to members as part of the service, is the property of BookDaily, ArcaMax Publishing, Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of BookDaily and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Arcamax Publishing, Inc., or its suppliers.
If you believe that your copyright has been violated, please send notice to:
BookDaily Copyright Infringement
ArcaMax Publishing, Inc.
729 Thimble Shoals Blvd., Suite 1-B
Newport News, VA 23606 U.S.A.
Please include the following information:
- Your physical signature, or that of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed including a description of the location of the alleged violation on the BookDaily website;
- Your contact information, including address, telephone number, and, email address;
- Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and;
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner, and that that the above information is accurate and is not being submitted for malicious purposes.
Under no circumstances shall BookDaily, ArcaMax Publishing, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the BookDaily website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the BookDaily website.
Use of Information Submitted
Arcamax Publishing, Inc. is free to use any comments, information, or any other material you send to us in any manner without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BookDaily website or other websites.
Limitations on Use
You must be 18 years of age or older to become a member of the BookDaily service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While BookDaily does distribute content that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger.
ArcaMax Publishing, Inc. is not responsible for the content on any external website it does not own, even if there are links on BookDaily leading to these external sites or links on these external sides leading to BookDaily.
Disputes; Governing Law
Definitions and Purchase Detail
- BookDaily Newsletter Sponsorship: The author’s title is promoted either as a first chapter excerpt distributed by email to BookDaily ("Publisher") subscribers or with a short summary abstract with an accompanying link in a BookDaily or other ArcaMax Publishing newsletter. The title may also be featured on the BookDaily.com or ArcaMax.com websites on the day it is distributed by email, and in various promotional impressions throughout the website.
- Emerging Authors Promotional Campaign: Participating entities have links enabled on their titles on the bookdaily.com website and possibly in various related emails. Advertiser agrees to abide by the BookDaily terms of service found at the following url: http://www.bookdaily.com/reference/terms.
- Only one dedicated book may be promoted under this agreement. An additional individual agreement must be exercised for each additional book
- Publisher makes no specific guarantee concerning the performance of this campaign.
- For the Emerging Authors program, you agree to submit non-refundable payment in advance monthly for the amount shown above through the PayPal recurring payment service. For the Free Ebook Download Promotion, you agree to purchase clicks in advance through the PayPal payment service.
- You may cancel this agreement at anytime by providing written notice to BookDaily. In the event that PayPal charges your account or credit card after BookDaily has received your notice of cancellation due to insufficient processing time, BookDaily may refund your payment or provide promotional services for the month at its discretion.
- The Emerging Author program automatically renews on a monthly basis. In the event you cancel, no refunds will be authorized for previous months.
- Pricing for the BookDaily “Free Ebook Download Promotion” will be on a pay per click basis. These clicks will be directed to the authors free download page. The author acknowledges that there is no guarantee that the reader will continue further with the download process and that not all readers who click will download the book.
- For the Free Ebook Download Promotion, the author agrees that the promoted title will be available for free by electronic download at the time of the promotion. In the event that the book is not available for free, no credit will be provided for clicks used.
ADDITIONAL TERMS AND CONDITIONS
- Scope. ArcaMax Publishing will make available its Ezine Network and Websites for the purpose of placing advertising. (The “Ezine Network” is defined as ArcaMax Publishing's suite of email newsletters sent regularly to its subscriber base.)
- Consideration. As consideration for all services to be rendered and performed by ArcaMax Publishing under this agreement, Advertiser agrees to pay ArcaMax Publishing according to the rates indicated on this Insertion Order. Advertiser agrees to make payment for this advertising in advance. At its discretion, ArcaMax Publishing may waive the requirement for advance payment. In this event, Advertiser agrees to pay according to the terms detailed in the Insertion Order (“the invoice due date”). Late Payments. Any payment not received within ten (10) days of the invoice due date will accrue interest at a rate of one and one half percent (1.5%) per month, or the highest rate allowed by applicable law, whichever is lower. In addition, any payment not received within ninety (90) days of the invoice due date will accrue a late penalty of one percent (1%) per month, or the highest rate allowed by applicable law, whichever is lower. If company is delinquent in its payments, ArcaMax Publishing may, upon written notice to Advertiser, modify the payment terms to require full payment before ArcaMax Publishing provides any further services or require other assurances to secure Advertiser's payment obligations hereunder. Should collection efforts be needed on behalf of ArcaMax Publishing, Inc. to collect any monies owed under this agreement, all collection costs including reasonable attorney's fee shall be paid by the advertiser.
- Campaign Reporting. Unless otherwise agreed in writing, all invoices created by ArcaMax Publishing for work performed and delivered shall be in accordance with measurement and tracking performed by ArcaMax Publishing.
- Confidentiality. All information relating to the technology, products, or business affairs of ArcaMax Publishing which Advertiser or its employees may acquire during the terms of this agreement shall be treated as confidential, which Advertiser will protect with at least the care it uses in protecting its own confidential information.
- Relationship of the Parties. For all purposes of this Agreement, each party shall be and act as an independent contractor. This Agreement does not constitute, create, or give effect to any employer/employee or franchiser/franchisee relationship, nor any joint venture, partnership, limited partnership, or agency among the parties, and the parties hereby acknowledge that no other facts of relations exist that would constitute, create, or give effect any such relationship between them. Neither party has any right or authority to assume or create any obligation or responsibility on behalf of the other party except as may from time to time be provided otherwise by written agreement signed by both parties.
- Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their subsidiaries, and their respective successors and assigns, provided that neither party assign any of its rights or privileges hereunder without the prior written consent of the other party except to a successor in ownership of all or substantially all of the assets of the assigning party, and which successor shall expressly assume in writing the performance of all the terms and conditions of the Agreement to be performed by the assigning party. Any attempt at assignment in derogation of the foregoing shall be null and void.
- Publisher Representations and Warrants. Publisher represents and warrants that it has the necessary rights, copyrights, and/or permissions to provide the content covered by this agreement. Publisher further represents and warrants that the execution of this Agreement, and the performance of its obligations and duties hereunder, do not and will not violate any agreement to which Publisher is a Party or by which it is otherwise bound.
- Permission to Advertiser. Subject to the terms and conditions of this Agreement, Publisher hereby grants to Advertiser a worldwide, non-exclusive, royalty-free right and license to use any and all provided content, trademarks, logos and designs in connection with fulfilling the obligations covered in this agreement.
- Disclaimer. Except as expressly set forth in this Agreement, ArcaMax Publishing makes no representations or warranties with respect to the services to be provided by it under this agreement and hereby disclaims all other warranties, express or implied, including without limitation any warranties of accuracy, reliability, availability, merchantability or fitness for a particular purpose.
- Limitation of Liability. In no event will ArcaMax Publishing be liable under this Agreement, whether under a theory of contract, tort, or other legal theory, for (i) special, consequential, incidental or indirect damages (including without limitation any damages related to loss of profit or loss of data) arising out of this Agreement, whether or not ArcaMax Publishing has been advised of the possibility of such damage, or (ii) costs of procuring substitute services or technology, or (iii) damages in the aggregate exceeding the amount of $5000.00.
- Severability. If any provision of the Agreement is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity of any or all of the remaining portions thereof.
- Governing Law; Venue for Disputes. This Agreement shall be construed and governed by the laws of the Commonwealth of Virginia without resort to any principles thereof regarding choice of law. The parties irrevocably consent to the jurisdiction and venue of the General District Courts and Circuit Courts of Newport News, Virginia, United States of America, as the sole and exclusive fora for resolving any dispute hereunder or between the parties.
- Waiver. No failure or delay on the part of either party in the exercise of any power, right or privilege hereunder shall be operated as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any other or future exercise thereof, or of any other rights, power, or privileges.
BookDaily, a division of ArcaMax Publishing, Inc.
729 Thimble Shoals Blvd., Suite 1-B
Newport News, VA 23606