Date of Last Revision: November 16, 2013

These Terms of Use (the “Terms”) are the terms, conditions, policies, and notices you agree to when you use BookHive. BookHive offers this website to you the user conditioned upon your acceptance of these Terms.  Your use of BookHive constitutes your agreement to these Terms, as updated from time to time.

• About BookHive

BookHive offers online focus group research for Authors who want to test finished Manuscripts in target markets.  On this site, registered Authors can upload finished Manuscripts to access our focus group services. Registered Readers, among other benefits, may be provided Manuscripts to read and review, and, after reading a Manuscript, are able to provide their feedback directly to Authors by completing an online Survey.  

• Applicable Terms

As used on this site, unless expressly indicated otherwise, the term “Manuscript” refers to any book, manuscript, or other written work that is uploaded to BookHive by a registered Author; the term “Author” refers to the author of any such Manuscript; the term “Reader” refers to any individual who has completed the online form to register as an ApiaryClub Test Reader; and the term “Survey” refers to any survey provided to one or more Readers related to a Manuscript in connection with a focus group test of that Manuscript.

• Personal Registration

Registration is required for (i) Authors to upload Manuscripts and (ii) Readers to become eligible to read Manuscripts, participate in Surveys, and receive any and all other benefits related to participation in a focus group project.  As part of the registration process, you will be asked to create a user profile with information about yourself. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge.  Users may not have more than one active account.  You may not transfer a BookHive account to another party.  If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated.  You agree to immediately notify BookHive of any unauthorized use of your password or account or any other breach of security.  BookHive will not be liable for any loss or damage arising from your failure to comply with this section.

• You agree that BookHive may, without or without cause, without prior notice, and in its sole discretion, immediately terminate your BookHive account and/or access to this site, and delete any content or information you have submitted, including any Manuscript and any answers to a Survey, and shall have no liability of any kind in connection with any such actions.

• Accuracy, Completeness, and Timeliness of Information on the Site

We are not responsible if information we make available on this site is not accurate, complete, or current.  The material on this site should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information.  Any reliance on the material on this site is at your own risk.  This site may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only. This site may also contain information and materials provided by third parties, and opinions and views of third parties.  We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of BookHive, and are not endorsed by us.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.  You agree that it is your responsibility to monitor changes to the site.

• Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. BookHive does not assure the confidentiality of any submission you make.  With respect to any materials you submit through this site, including, but not limited to, any Manuscript and any answers to a Survey (such materials, the “User Content”):

• You represent and warrant that: you own or otherwise control all necessary rights to submit such User Content; that the User Content is accurate; that you have not violated the section entitled “Usage Rules,” below, and that, if you submit a photograph, video or any other content including the image of any individual(s) through this site, you have written consent or permission of each identifiable individual in such content to use his/her name and likeness and grant the rights you grant in these Terms.

• You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the site without any prior notice to you.

• Usage Rules

In connection with your use of this site, you agree:

• Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to submit such User Conent;

• Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;

• Not to make any personal attack on any person, firm or company;

• Not to submit or create any link to material, or otherwise use this site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;

• Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous age, address or location of primary residence, positions, qualifications, or affiliations;

• Not to submit any material that you do not have the legal right to disclose;

• Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;

• Not to advertise or engage in any form of marketing on this site or use user information obtained through this site for marketing or other commercial purposes, or use this site to post or transmit “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

• Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;

• Not to stalk or harass anyone;

• Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this site, or that would damage, compromise the security of, or disrupt this site or any connected network;

• Not to use this site to collect personal information about individuals;

• Not to post or make available private information of any third party;

• Not to use this site as a forwarding service to another website;

• Not to allow usage by others in such a way as to violate these Terms.

• Monitoring and Termination; Repeat Offenders

We may, but are not obligated to, monitor any or all activity and/or content on this site.  If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content, terminating a user’s access to this site, or terminating a Reader’s participation in a Survey.  Without limiting the foregoing, it is our policy to terminate access of any user whom we determine to be a repeat infringer of these Terms or any third-party rights.

• Trademarks and Copyrights

This site features trademarks, service marks and logos that are the property of BookHive.  The site also may include trademarks, service marks, or logos of other third parties.  All of these trademarks, service marks, and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.  This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

• DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.  IF YOU UPLOAD MATERIALS TO THIS SITE (INCLUDING, WITHOUT LIMITATION, A MANUSCRIPT), OR DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  BOOKHIVE SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO OR RESULTING FROM ANY MISAPPROPRIATION OR MISUSE BY THIRD PARTIES OF ANY MANUSCRIPT, COMMENTS, OR OTHER CONTENT YOU MAY UPLOAD, POST, OR OTHERWISE SUBMIT TO THIS SITE, INCLUDING WITHOUT LIMITATION ANY FINANCIAL OR OTHER DAMAGE YOU MAY SUFFER AS THE RESULT OF A VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS BY A THIRD PARTY.  BOOKHIVE IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, TELEPHONE OR OTHER COMMUNICATIONS MALFUNCTIONS, ERRORS OR FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, WEBSITE, INTERNET, OR ISP UNAVAILABILITY, UNAUTHORIZED HUMAN INTERVENTION, TRAFFIC CONGESTION, INCOMPLETE OR INACCURATE CAPTURE OF ENTRY INFORMATION (REGARDLESS OF CAUSE) OR FAILED, INCOMPLETE, OR DELAYED COMPUTER TRANSMISSIONS WHICH MAY LIMIT ONE'S ABILITY TO SUBMIT A MANUSCRIPT.  BOOKHIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIALS FROM THIS SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKHIVE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  BOOKHIVE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT ALL OR A PORTION OF THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.  IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER BOOKHIVE NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US.  THESE INCLUDE DAMAGES FOR VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH CASES, THE ABOVE LIMITATION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• Indemnification

You agree to indemnify, defend and hold harmless BookHive and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, and any successors of any of the foregoing, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms.  If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

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