BookWizard Hub – Terms of Use
Welcome to BookWizard Hub, brought to you by BookWizard Hub Inc. (us, we, our).
Thank you for using our genre-matching apps and website.
These Terms & Conditions apply beginning May 13, 2021. If available, the previous version of these Terms & Conditions, available here, will apply until then.
EFFECTIVE DATE: May 14, 2021
These Terms of Use set out important information applicable to our relationship, so please read them carefully before using BookWizard Hub. In these terms of use (Terms of Use), when we refer to you, your, or user, we mean you, the person using or visiting BookWizard Hub. These Terms of Use, together with our Privacy Policy, set out how you may access, use and browse www.BookWizard.com (the site), BookWizard Hub Apps, and the software applications, services, and tools that we make available on the site, including our file sharing and hosting services, communication and our payment services (collectively BookWizard Hub). By accessing and using BookWizard Hub, you agree to be bound by these Terms of Use and our Privacy Policy. We may update these Terms of Use from time to time and will notify you of any change via BookWizard Hub. Your use of BookWizard Hub will be subject to the version of the Terms of Use posted on the site at the time.
- Definitions
In these Terms of Use, when we refer to the capitalized words in bold below, we intend them to have the following meanings:
| Applicable Laws | all relevant laws, statutes, rules, regulations, guidelines, directives, and codes; |
| Background IPR | any Intellectual Property Rights of a Service Provider or any other third party existing prior to the formation of a Service Contract; |
| Client Account Content | any information uploaded by a Client to their BookWizard Hub account; |
| Client Materials | any Client documents, designs, briefs, drafts, work, samples of work, or any other materials provided by Clients to Service Providers via BookWizard Hub in connection with a Request; |
| Clients | any writer or author registered with BookWizard Hub to seek the Services of Service Providers for Projects; |
| Confidential Information | any information (however recorded or communicated) disclosed between Clients and Service Providers over the BookWizard Hub platform that would be regarded as confidential by a reasonable person, including without limitation (a) Client Materials; (b) Contributions; and (c) personal data as defined by data protection legislation (including the General Data Protection Regulation). |
| Data Compliance | Each party acknowledges that it must comply with data protection legislation (including the General Data Protection Regulation) when handling personal data. |
| Contributions | all products, deliverables, and materials (including preparatory work, earlier edits, designs, versions, and drafts) of the Services performed under a Service Contract by a Service Provider; |
| Intellectual Property Rights | any patents, registered and unregistered trademarks and service marks, domain names, registered designs, and design rights, copyright (including such rights in computer software and databases), database rights, and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings, and computer programs; |
| Project | a particular publishing-related project or set of tasks for which a Client requires the Services of a Service Provider; |
| BookWizard Hub Content | all data, software, informational text, images, graphics, audio, video, design of and ‘look and feel’ of BookWizard Hub, material, information, logos and marks, and all other content made available by us on BookWizard Hub, including all derivatives thereof; |
| Request | has the meaning given in paragraph 8; |
| Service Provider | a provider of Services registered with BookWizard Hub to provide Services to Clients; |
| Service Provider Account Content | has the meaning given in paragraph 7; |
| Services | publishing-related services available on BookWizard Hub, including book editing, book design, website design, marketing, publicity, ghostwriting, translation, voice-over, and/or any other publishing-related services that we may make available on BookWizard Hub from time to time; |
| Stripe Fees | means any fees applicable to the payment services of payment platform Stripe Inc. Payments Canada from time to time; and |
| Submission Tool | our submission tool that enables Clients to upload, write, edit, format, store, download and develop and share for collaboration literary content; |
| User Content | any and all content uploaded to BookWizard Hub by users, including but not limited to any Client Account Content, Service Provider Account Content, Client Materials, and Contributions. |
2. About Us
We are a company registered in Canada under company number 759588148.
You can contact us either via the “Contact Us” button on the site and apps or as follows:
FAO: BookWizard Hub Inc.
Address: BookWizard Hub Inc. at 2859 Scharf Road, West Kelowna, B.C. Canada V4T2B5
Email: BookWizardHub@gmail.com
3. About BookWizard Hub and these Terms of Use
BookWizard Hub is an online platform designed to connect Service Providers that offer Services with Clients seeking Services for Projects. BookWizard Hub genre matches Clients and Service Providers, but as a platform provider, we are not party to any Service Contracts.
You may access BookWizard Hub and certain BookWizard Hub Content as an unregistered user but will need to register with a Client account or a Service Provider account to make full use of all BookWizard Hub functionality.
4. BookWizard Hub enables Clients to:
create accounts to use the BookWizard Hub’s genre-matching filters of Service Providers and their accounts;
message and communicate with participating Service Providers and enquire about their Services for Projects;
share files;
upload, write, edit, format, store, download and develop and share for collaboration with Service Providers literary content using our Submission Tool.
5. BookWizard Hub enables Service Providers to:
create profiles to advertise, promote Services, and use the BookWizard Hub’s genre-matching filters of Clients and their accounts;
message and communicate with Clients about the provision of Services in relation to Projects;
leave reviews and ratings of Clients;
Some terms in these Terms of Use only apply to Clients, and some only to Service Providers. If the paragraph or term does not state that it is applicable only to a category of user, then the terms are intended to apply to both Clients and Service Providers.
Registration
6. To register with BookWizard Hub, you must:
if registering as an individual, be 18 (eighteen) years of age or otherwise capable of entering into legally binding contracts;
if registering on behalf of a legal entity, have the requisite authority to enter into these Terms of Use on behalf of the entity and ensure the performance of these Terms of Use; and
ensure that the information you provide is complete, accurate, and kept up to date.
You may also register with us by using certain third-party social media accounts as prompted during our registration process. By registering for a BookWizard Hub account with a third-party social media account, you:
warrant that you have the right to do so under the terms and conditions of such social media account; and
acknowledge and accept that we may access and collect certain information from social media accounts, such as your contact information.
We reserve the right to validate the account information supplied at any time.
Your BookWizard Hub account is personal to you, and Services should only be sought, offered, and provided under your account by you. Although you may register for a Client account and a Service Provider account, you are only permitted to register for one account as a Client and one as a Service Provider.
Once registered, it is your responsibility to keep your password and any other security information confidential. We will be entitled to assume that anyone who logs into or uses your account is you or has your consent. You must notify us immediately if you know or suspect anyone else has access to or knows your password at BookWizardHub@gmail.com.
7. Registration terms applicable only to Service Providers
We review Service Provider registration applications to try to ensure that Services offered on BookWizard Hub are of the highest quality. We only approve Service Provider applications that meet our minimum eligibility criteria (as updated from time to time at our sole discretion) available here.
When registering as a Service Provider, you will be prompted to provide details about yourself and your relevant experience, including but not limited to
a description of the specialist Services you offer;
a portfolio of previous books or projects that you have worked on or other work experience you have completed that match Services you offer;
any testimonials or reviews of your work; and
any other information likely to encourage Clients to engage you, which may include text, reviews, images, audio recordings, videos or links to third-party websites;
(together with the Service Provider Account Content).
We will activate Service Provider accounts or reject Service Provider applications at our sole discretion and based on our review of the Service Provider Account Content.
If we approve your Service Provider account, your Service Provider Account Content will be made publicly visible on your account profile and searchable via BookWizard Hub (Note: Agents using the “not accepting queries button,” your profile will not be public until the button is switched to accepting queries).
8. Requests
BookWizard Hub is a platform that connects Clients and Service Providers by genre-matching. BookWizard Hub is not a party to any Service Contracts and will explain the process when Clients engage the Services of a Service Provider for a Project.
Requests
Clients wishing to contact Service Providers through our genre-matching filter, scrolling advertisements, or on our website resources page, to request a quote for Services required for a particular Project must do so via the Service Provider’s profile page on BookWizard Hub. Clients must populate Requests with the information prompted by the interface.
Clients can decline Requests by not sending their full manuscript or book proposal.
Clients warrant, represent, and undertake to BookWizard Hub that:
the information provided in a Request is true, accurate, and complete;
when submitting a Request, the Client has a good faith intention to engage a Service Provider for Services;
the Client will respond promptly to communications from Service Providers to enable Service Providers to prepare an Offer, and
the Client will conduct all written correspondence with Service Providers strictly on the Service Providers correspondence. BookWizard Hub is not a party to any Service Contracts.
Service Provider represents and warrants to the Client that it has the necessary skills, experience, professionalism, and resources to perform the Services and shall perform the Services agreed upon.
Service Providers wishing to contact Clients through our genre-matching filter or pitch pages to request a particular Project must do so via the Client’s profile page on BookWizard Hub. Service Providers must populate Requests with the information prompted by the interface.
9. Service Fees, BookWizard Hub Means of Payment
All Client Service Fees shall be administered using the Stripe payment application (Stripe) accessible via BookWizard Hub.
All Service Providers Subscription Fees shall be administered using the Stripe payment application (Stripe) accessible via BookWizard Hub.
Stripe is operated by third-party payment service provider Stripe Payments Ltd. (www.stripe.com). Stripe administers Service Fees on behalf of Service Providers and Clients under the Stripe terms of service.
Client shall use Stripe to pay:
the Genre-matching and Submission Fee;
Service Provider shall use Stripe to pay:
the Subscription Fee under the chosen option;
The Service Provider acknowledges and agrees that Stripe shall automatically take payment from the Client for the applicable installation of the Service Fee on the dates set out in the chosen Subscription Option. If payment is not made by the Service Provider under the chosen Subscription Option amounts and dates, Stripe will continue to attempt to take payment of the chosen Subscription Option from the Service Provider until the payment is made.
For the avoidance of doubt, failure to pay the chosen Subscription Option or repeated failure to make payments under the chosen Subscription Option timetable shall constitute a material breach of these Terms of Use and may result in the suspension or termination of the Service Provider’s account and legal procedures.
The currency applicable shall be in USD currency. To the extent any conversion rate applies, this shall be determined by Stripe, applied at the time of payment, and borne by the Service Provider and Client.
10. Submission Tool
In this section, “Your Content” refers to any text, files, designs, images, photos, video, sounds, or other content that you (or others authorized by you) may upload, contribute to, or create within our Submission Tool. “Your Collaborators” means any third party you allow to access Your Content through the Submission Tool, by sharing a link with such person, or by giving access to professionals you hire from our marketplace.
You may use the Submission Tool of Your Content to upload, edit, unpublish, or state that you received a book deal on BookWizard Hub. However, we may add to or change these features from time to time.
For the use of the Submission Tool, there is a charge.
You represent and warrant that:
you own or have all necessary rights to Your Content to use the Submission Tool under these terms and to grant to us the licenses set out in this section; and
Your Content does not infringe the intellectual property rights (including privacy rights, publicity rights, and copyrights) or other rights of any person or entity.
In order to allow us to provide the Submission Tool, you agree that we may store and maintain electronic files of Your Content (until you delete or inform us of your wish to delete such content). You also agree to allow us to provide access to Your Content to Your Collaborators.
Our Submission Tool allows you to publish Your Content by downloading a PDF.
If you choose to publish Your Content, you agree:
BookWizard Hub shall not be considered as the publisher of Your Content, and you will not state or otherwise suggest that BookWizard Hub is the publisher of your book or other content;
you will represent and warrant that you are the publisher of your book or other content and that you bear complete responsibility and all liabilities relating to the publication and distribution of Your Content;
you acknowledge that use of any third-party platform or service is entirely at your own risk, and we shall not be liable for any results of using such third-party service;
you will indemnify BookWizard Hub against any claims brought against us by any person or entity in relation to the publishing or distribution of Your Content.
You understand and agree that the Submission Tool contains proprietary tools, functionalities, fonts, images, designs, and content that belongs to or is licensed by BookWizard Hub (“BookWizard Hub IP”). BookWizard Hub will retain ownership of all BookWizard Hub IP, and grants you a non-exclusive, revocable, worldwide, and royalty-free license to use the Submission Tool and use the BookWizard Hub IP in the editing, production, display, and publication of Your Content.
You grant permission to Your Collaborators to view, access, edit and contribute to Your Content and agree to hold harmless and indemnify us against any action taken by Your Collaborators, including any breach by them of these terms of use. You further agree to hold harmless and indemnify us against any unauthorized access to Your Content (to the extent such access does not result from a breach by us of these terms).
You agree that Your Content will not include any content that:
is offensive, pornographic, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individuals;
bullies, harasses, or advocates stalking, bullying, or harassment, of another person;
is false or misleading or promotes, endorses, or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
contains any illegal or unauthorized copy of any part of another person’s work that is protected by copyright or other laws;
contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination, and false advertising;
you agree to hold harmless and to indemnify BookWizard Hub from any claims, losses, liabilities, and expenses arising from or relating to any breach of this section (including by you or Your Collaborators).
If you are granted permission to view, access, or edit any content through the Submission Tool, you agree to be bound by all of the terms set out above in relation to any action you may perform in relation to the posted content.
Whilst BookWizard Hub does not generally monitor Your Content, we reserve the right at any time to review any of Your Content and to delete any of Your Content that may, in our opinion, breach these terms. We also reserve the right to suspend or terminate access to the Submission Tool at any time and for any reason.
You accept that we may, from time to time send you push notices and emails with content or services which we believe may be of interest to you. You can unsubscribe from receiving such emails under the terms of our privacy policy (https://bookwizard.com/privacy-policy/).
From time to time, we may introduce new features to our Submission Tool. For example, we may allow you to import Your Content from our Book Editor to other BookWizard Hub applications, such as the Marketplace, which will allow, e.g., an editor to see your book and give you a quote, or to Discovery to allow you to import the book for reviewers to download. As these features come online, we will provide more details on the site.
11. General Availability of BookWizard Hub
We understand that you rely on BookWizard Hub’s services to work. We are committed to making BookWizard Hub a highly-available service that you can count on. However, you acknowledge that it is not possible for us to completely guarantee the provision or availability of services. Our infrastructure runs on fault-tolerant systems, and we cannot guarantee that BookWizard Hub, or any content on it, including any BookWizard Hub Content or User Content, will always be available, uninterrupted, up to date, or otherwise free from errors in case of failures of individual servers or even entire data centers. Note that User Content is stored redundantly at multiple locations in Europe in our hosting provider’s data centers to ensure availability. We have well-tested backup and restoration procedures, which allow recovery from a major disaster.
Access to BookWizard Hub is permitted on a temporary and as-is basis. We may suspend, withdraw, discontinue or change all or any part of BookWizard Hub without notice. We will not be liable to you if for any reason the site is unavailable at any time or for any period.
You are responsible for your access to BookWizard Hub, including:
ensuring that all persons who access BookWizard Hub through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them; and
that your internet-enabled device and telecommunications systems carry the appropriate anti-virus software necessary to minimize the risk of any harmful viruses infecting your internet-enabled device. For the avoidance of doubt, BookWizard Hub shall not be responsible for any security issues you face due to connecting to BookWizard Hub via an unsecured network.
12. Intellectual Property Rights
All Intellectual Property Rights in BookWizard Hub and BookWizard Hub Content are owned and will remain owned by us or our licensors at all times.
When you upload or post User Content to BookWizard Hub, you grant, and you represent and warrant that you have the right to grant to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, worldwide, royalty-free license to store, display, and otherwise use the User Content under these Terms of Use and otherwise as necessary to facilitate your Service Contract(s) and access to BookWizard Hub.
You are entitled to print and/or download any BookWizard Hub Content (including these Terms of Use) but only for personal use and must not otherwise use or scrape any BookWizard Hub Content other than in connection with your use of BookWizard Hub without obtaining our permission to do so.
13. General Conduct Expectations on BookWizard Hub
We expect all BookWizard Hub users to adopt a high level of courtesy, respect, and professionalism when using BookWizard Hub and engaging with other users.
At all times when using or accessing BookWizard Hub, you represent, warrant, and undertake that you will:
not breach any Applicable Laws;
not use BookWizard Hub to seek or offer any goods or services other than the Services;
have all necessary rights and/or permissions to post the User Content you upload to BookWizard Hub;
not publish, post, upload, store, distribute or disseminate:
any User Content that:
infringes the rights (including any Intellectual Property Rights) of any third party that is protected by any third party’s rights of privacy or publicity without having received all necessary consents from such third party;
is or could be reasonably deemed unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libelous, hateful, racial or ethnically offensive, threatening, or otherwise illegal or offensive or which, when published, posted, uploaded, stored, distributed or disseminated might constitute a criminal or civil offense;
or is false or misleading;
anything which solicits or harvests another user’s password or other account information; and
any HTML code except where instructed in any area of your profile on BookWizard Hub;
not reverse engineer, decompile, disassemble or otherwise attempt to obtain BookWizard Hub’s source code;
not misuse BookWizard Hub by knowingly introducing viruses, Trojans, worms, logic bombs, third party or external links, or other malicious or harmful material;
not attempt to gain unauthorized access to BookWizard Hub, the server on which BookWizard Hub is stored, or any server, computer, or database connected to the site;
not attack BookWizard Hub via a denial of service attack or a distributed denial-of-service attack; and
You agree to comply with the terms of your Service Contracts which shall, for the avoidance of doubt, include the Mandatory Terms.
A failure to comply with BookWizard Hub’s conduct expectations set out or any other terms of these Terms of Use, receiving repeated Complaint Reports, or receiving Decisions against you, all of which we reserve the right to determine in our sole discretion, may result in the:
deletion or removal of your User Content from BookWizard Hub;
suspension or termination of your Client and/or Service Provider account; and/or
suspension or termination of your right to use BookWizard Hub.
The previous paragraphs shall be without prejudice to any other rights or remedies which may be available to us.
If your account is terminated for any reason, you will not be entitled to re-register or reapply for another BookWizard Hub account without our permission.
14. User Content
Where you submit User Content to us, the following rules shall apply.
We are under no obligation to post or publish any User Content you may submit. You understand that whether or not such User Content is published, we do not guarantee any confidentiality concerning any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
You represent and warrant that:
you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark, or other proprietary rights in and to any User Content to enable inclusion and use on the platform and/or otherwise under these Terms of Use; and
you retain all of your ownership rights in your User Content by submitting the User Content to us;
you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
15. Third-Party Links and Resources on BookWizard Hub
BookWizard Hub may contain links to other sites and resources. These links are provided for your information only, and we make no warranties or representations whatsoever about any third-party websites which you may access through BookWizard Hub.
Third-party websites are in no way approved, vetted, checked, or endorsed by us, and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility or any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or that BookWizard Hub is affiliated with or associated with such third-party sites. If you decide to visit any other site, you do so at your own risk. In addition, the use of any other site may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.
We assume no responsibility for the content of sites linked to on BookWizard Hub. We will not be liable for any loss or damage that may arise from your use of any such third-party sites.
16. Linking to BookWizard Hub
You may link to BookWizard Hub, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or that of any Client or Service Provider. However, you must not suggest any form of association, approval, or endorsement on our part where none exists, and you must not establish a link to BookWizard Hub in any site that is not owned by you.
BookWizard Hub must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
17. Data Protection
Please refer to our Privacy Policy for details of how personally identifiable information is collected by us and may be processed or shared with others.
18. Our Liability
Nothing we say in these Terms of Use is intended to exclude or limit our liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
anything else which cannot be excluded by law.
to the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to BookWizard Hub or any content made available on it (including BookWizard Hub Content, User Content, or any other third party content), whether express or implied.
you agree that we will not be liable for any loss or damage (whether direct or indirect or arising under contract, tort (including negligence), breach of statutory duty, or otherwise) even if foreseeable, arising under or in connection with any:
use of, availability of, or inability to use BookWizard Hub;
use of or reliance on any content displayed on BookWizard Hub (including any BookWizard Hub Content or User Content);
loss of any User Content posted or uploaded to our website;
Services or Service Contracts facilitated by BookWizard Hub; or
Complaint Reports or Decisions.
Due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect, your internet-enabled device or any other property when you are using BookWizard Hub. The uploading, posting, downloading, or accessing of any content (including User Content), material, and/or other information made available by BookWizard Hub is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your device or loss of data that results from the downloading or acquisition of any such content, material and/or information.
You agree to indemnify us against any claims, liabilities, losses, damages, expenses, or legal proceedings arising out of:
your use of BookWizard Hub;
your User Content;
any tax you are accountable for under a Service Contract;
Decisions issued in respect of your Service Contract; or
your failure to comply with these Terms of Use.
You acknowledge and agree that BookWizard Hub is just a platform and that these Terms of Use create no employment, partnership or agency relationship between us and any Service Provider or Client.
19. Miscellaneous
Any failure or delay by us to enforce any of our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
These Terms of Use are not intended to be for the benefit of, nor exercisable by, any person who is not a party to these Terms of Use.
If a court deems any part of the terms set out in these Terms of Use to be invalid, illegal, or unenforceable, the remainder of the terms will remain unaffected.
We agree to the use of email to deliver any notices according to these Terms of Use. Notices shall be served: (a) by you to us using bookwizardhub@gmail.com; and (b) by us to you using the email provided during registration. Notices shall be deemed served on the date of transmission.
These Terms of Use and our Privacy Policy set out the full extent of our obligations and liabilities concerning BookWizard Hub and replace any previous agreements and understandings between you and us.
We may assign our rights under these Terms of Use and transfer our obligations under these Terms of Use in our sole discretion by providing notice to you via the email address you provide to us or by notifying you on the site.
These Terms of Use, its subject matter, and its formation (and any non-contractual disputes or claims arising out of or in connection with these Terms of Use), are governed and construed under Canadian law. You and we both agree that the courts of Canada will have exclusive jurisdiction.