User Terms


Please read this agreement carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the Haven Books ("Haven Books") web site (the "Web Site"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Web Site. These Terms and Conditions may be amended from time to time by Haven Books. Your access to or use of the Web Site indicates your acceptance of these Terms and Conditions. You are agreeing to use this Web Site at your own risk.

Copyright

This Web Site is owned and operated by Haven Books, and, unless otherwise noted, Haven Books owns the Copyright in all materials provided here. No material from this Web Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Haven Books copyright and/or other proprietary rights. You shall not copy or adapt the HTML code that is used to generate this Web Site. The use of any materials from this Web Site on any other Web Site or networked computer environment is prohibited unless permission is obtained in writing from Haven Books. The Web Site itself, including all textual and graphic content, is copyrighted by Haven Books, with all rights reserved.

Trademarks

The trademarks and service marks ("Trademarks") used or displayed on this Web Site are registered and/or unregistered trademarks of Haven Books, unless otherwise noted. Nothing in this Web Site should be construed as granting-by implication, estoppels, or otherwise-any license or right to use any Trademarks displayed on the Web Site without the express written permission of Haven Books or the trademark owner. The name "Haven Books" and any of the Haven Books logos may not be used in any way without the express written permission of Haven Books.

Use of Materials

You may view and download a single copy of the information contained in this Web Site for the purpose of this paragraph (the "Materials") on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (i) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (ii) decompile, reverse engineer, or disassemble the Materials; (iii) remove any copyright, trademark registration, or other proprietary notices from the Materials; or (iv) transfer the Materials to another person.

Acceptable Site Use

You may not use this Web Site in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules

You are prohibited from violating or attempting to violate the security of this Web site, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to this Web Site, overloading, "flooding", "spamming", "mail bombing", or "crashing", (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Haven Books will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

As one of the conditions of your use of this Web Site, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this Web Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of this Web Site complies with these terms and conditions (the "Terms and Conditions") and to seek prior written consent from Haven Books for any uses not permitted or not expressly specified herein.

Haven Books specifically prohibits any use of this Web Site, and you hereby agree not to use this Web Site, for any of the following:

  1. posting any incomplete, false or inaccurate information about yourself, your organization, or whom you represent;
  2. posting any material that is not entirely your own or for which you do not have full rights to use;
  3. deleting or otherwise revising any material posted by any other person;
  4. using any device, software, or routine to interfere (or attempt to interfere) with the proper working of this Web Site or any activity being conducted on this Web Site;
  5. taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure (including without limitation "flooding," "spamming," "mail bombing," or "crashing" the Web Site);
  6. notwithstanding anything to the contrary contained herein, using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Web Site other than the search engine and search agents made available by Haven Books on this Web Site and other than generally available third party web browsers.
  7. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  8. probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  9. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  10. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site.

No Unauthorized Use

You agree not to make any unauthorized commercial use of this Web Site.

Disclaimer

Furthermore, as a user of this Web Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you hereby agree not to, do the following things:

  1. post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  2. post material that reveals trade secrets, unless you own them or have the permission of the owner;
  3. post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  4. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  5. post a sexually-explicit image or statement;
  6. post advertisements or solicitations of business, post chain letters or pyramid schemes;
  7. impersonate another person;
  8. or post material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Haven Books disclaims and forever waives any and all responsibility for the contents of any site hot linked to this Web Site, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this web site or any linked site or any downloading of a linked site.

User Submissions

We appreciate hearing from our customers and welcome your comments regarding our services and this Web Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Information"), the Information shall be the property of Haven Books. None of the Information shall be subject to any obligation of confidence and we shall not be liable for any use or disclosure of any Information. Haven Books shall own exclusively all now known or later discovered rights to the Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Information.

User Information

When you register for our service(s) on the Web Site, you will be asked to provide us with certain information, including but not limited to a valid e-mail address (your "User Information"). Haven Books right to use your User Information is described in our privacy policy. Please see our Privacy Policy for further details regarding use of your User Information. Haven Books reserves the right to offer third party services and products to you based on the preferences that you identify in your User Information and at any time thereafter; such offers may be made by us or by third parties.

Further Disclaimer

This Web Site contains links to sites that are not maintained by Haven Books. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this Web Site does not imply our endorsement of the linked site. If you decide to access linked third-party web sites, you do so at your own risk. In addition, you acknowledge and agree that Haven Books does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You also acknowledge and agree that any reliance by you on the material on this web site will be at your own risk, and you assume all risks associated with dealing with other users with whom you come in contact through the web site.

THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. HAVEN BOOKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAVEN BOOKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AND NOT HAVEN BOOKS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God/act of nature, communication line failure, disaster, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. You specifically acknowledge and agree that Haven Books is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Web Site without liability.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAVEN BOOKS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF HAVEN BOOKS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAVEN BOOKSS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Termination

We may terminate this license of use of our Web Site at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this agreement. Upon termination, you shall destroy any materials obtained from this Web Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Contract Interpretation

You agree that no joint venture, partnership, employment or agency relationship exists between you and Haven Books as a result of this Agreement or use of this Web Site.

Indemnity

You agree to defend, indemnify, and hold harmless Haven Books, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this agreement. Haven Books shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our discretion, in defending any such claim, suit or proceeding.

Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or provincial court located in the City of Ottawa, Province of Ontario. You expressly waive and are estopped from asserting any right to pursue any claim against Haven Books relating to this Agreement in any forum or venue located outside Ottawa, Ontario. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Ottawa, Ontario, at our sole discretion. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.






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Last updated 11 Sep 2006
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