Terms & Conditions

Welcome to Buy Book Covers

These terms and conditions outline the rules and regulations for the use of Buy Book Covers's Website.  

 

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Buy Book Covers's website 

 

if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice

and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website

and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers

to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client

or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake

the process of our assistance to the Client in the most appropriate manner, whether by formal meetings

of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect

of provision of the Company's stated services/products, in accordance with and subject to, prevailing law

of Canada. Any use of the above terminology or other words in the singular, plural,

capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Cookies

We employ the use of cookies. By using Buy Book Covers's website you consent to the use of cookies 

in accordance with Buy Book Covers's privacy policy.Most of the modern day interactive web sites

use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site

to enable the functionality of this area and ease of use for those people visiting. Some of our 

affiliate / advertising partners may also use cookies.License

Unless otherwise stated, Buy Book Covers and/or it's licensors own the intellectual property rights for

all material on Buy Book Covers. All intellectual property rights are reserved. You may view and/or print

pages from https://www.buybookcovers.com for your own personal use subject to restrictions set in these terms      and conditions.

 

You must not:

 

Republish material from https://www.buybookcovers.com

Sell, rent or sub-license material from https://www.buybookcovers.com

Reproduce, duplicate or copy material from https://www.buybookcovers.com

Redistribute content from Buy Book Covers (unless content is specifically made for redistribution).

 

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or

use other techniques that alter in any way the visual presentation or appearance of our Web site.

 

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular

link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also

reserve the right to amend these terms and conditions and its linking policy at any time. By continuing

to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

 

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact

us about this. We will consider requests to remove links but will have no obligation to do so or to respond

directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness

or accuracy; nor do we commit to ensuring that the website remains available or that the material on the

website is kept up to date.

 

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify

and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any

page on your Web site or within any context containing content or materials that may be interpreted as

libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or

other violation of, any third party rights.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

 

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)

are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort

(including negligence) and for breach of statutory duty.To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

Vendor Terms

 

PARTIES

(1) Designer who agrees to the terms of this Agreement when registering for a vendor/designer account at buybookcovers.com (Artwork Provider)

(2) Buy Book Covers in Canada at 225 North Town Road Winnipeg Manitoba (Merchandiser).

 

BACKGROUND

(A) The Merchandiser runs a Company providing artwork in the form of book covers “Products” consisting of one or more photographs or artwork available to purchase by authors. These book covers are available to purchase via a Website run by the Merchandiser.

(B) The Products are designed by the Artwork Provider who wishes to appoint the Merchandiser as a seller of the Products and their sale and promotion on the terms and conditions set out in this agreement.

It is therefore agreed upon as follows:

  1. Definitions and Interpretation

1.1           The definitions and rules of interpretation in this section apply in this Agreement and Background

Start Date means the date the Artwork Provider registers on the Website.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Price means the price as stipulated at section 6

Products means book covers displaying artwork designed by the Artwork Provider consisting of one or more photographs or artwork to be used as a book cover purchased by prospective authors which the Artwork Provider permits the Merchandiser to distribute via their BuyBookCovers.com or any other website at the sole discretion of the Merchandiser.

Website means www.BuyBookCovers.com or any other related website the Merchandiser owns or works from

1.2           section, schedule and paragraph headings shall not affect the interpretation of this Agreement.

1.3           A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4           A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5           Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.6           Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.7           A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.8           A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.9           Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

  1. APPOINTMENT and GRANT OF RIGHTS

2.1           The Artwork Provider appoints the Merchandiser as its Merchandiser of the Products on the terms of this agreement

2.2           The Art  Supplier in connection with 2.1 above grants the Merchandiser the rights to display the products electronically on the Website in any way they see fit and to advertise and promote in any way for sale as an book cover.

  1. Merchandiser’S OBLIGATIONS

3.1           The Merchandiser will attempt its best endeavours to ensure the promotion, sale, and distribution of the Products

3.2           The Merchandiser will keep full and proper books of accounts and records showing clearly all enquiries, quotations, transactions relating to the Products

3.3           The Merchandiser will inform the Artwork Provider immediately of any changes in ownership or control of the Merchandiser and of any change in its organization or method of doing business that might be expected to affect the performance of the Merchandisers duties in this Agreement.

  1. SUPPLY OF PRODUCTS

The Artwork Provider will use all reasonable endeavours to meet orders for Products forwarded to it by the Merchandiser for sale on the Website

  1. Artwork Provider’S OBLIGATIONS

5.1           The Artwork Provider will ensure that there is no infringement or unauthorized use of any Intellectual Property in any of the Products supplied to the Merchandiser and any activities of the Supplier whatsoever do not infringe the Intellectual Property Rights of any third party.

5.2           The Artwork Provider undertakes that all Products carry suitable and valid digital licences and are in no way in breach of any Intellectual Property Rights namely but not limited to a copyright infringement for use without an appropriate licence.

5.3           The Artwork Provider will ensure that use or distribution of Products by the Merchandiser in line with section 2 will not be in violation of any provision of the Copyright Design and Patents Act 1988

5.4           The Artwork Provider will supply all copy licences to the Merchandiser on request including all licence information, agency names, picture code number, image sales orders and invoice numbers

5.5           Where the artwork used in the Products is from other sources the Artwork Provider will upon request provide information as to its origin to the Merchandiser.

5.6           In addition to the Merchandiser’s protection at section 8.2 the Artwork Provider undertakes to exclude completely any liability to the Merchandiser for any breach of the above section 5

5.7            The Artwork Provider is obliged to submit original designs as Products. The usage of unaltered stock photography is strictly prohibited. The Product must be an original design. The usage of minor changes like filters, colors and cropping does not imply that the Product can be considered an original design.

  1. PRICES AND PAYMENT

6.1           On submission for distribution in line with section 2 the Artwork Provider will notify the Merchandiser of the Price of the Product for promotion and sale on the Website

6.2           On the sale of a Product the Merchandiser will pay to the Artwork Provider 75% of the Price

6.3           Payment is made to the Artwork Provider within 10 days of the sale of a Product

6.3           Any and all expenses, costs and charges incurred by the Merchandiser in the performance of its obligations under this agreement shall be paid by the Artwork Provider, unless the Merchandiser has expressly agreed in advance in writing to pay such expenses, costs and charges.

  1. TERMINATION

7.1           This Agreement takes effect on the Start Date and continues indefinitely after that until terminated on the following grounds:

7.1.1 The Artwork Provider can terminate this Agreement by giving 14 days written notice to the Merchandiser.

7.1.2 The Merchandiser may terminate this Agreement immediately and at any time if the Artwork Provider:

7.1.2.1 commits a breach of any term of this Agreement and fails to remedy that breach within 7 days or

7.1.2.2 acts in a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement

  1. LIMITATION OF LIABILITY

8.1           Neither party excludes or limits liability to the other party for:

8.1.1      fraud or fraudulent misrepresentation;

8.1.2      death or personal injury caused by negligence;

8.1.3      a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

8.1.4      any matter in respect of which it would be unlawful for the parties to exclude liability.

8.2           The Merchandiser shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:

8.2.1      any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;

8.2.2      any loss or corruption (whether direct or indirect) of data or information;

8.2.3      loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or

8.2.4      any loss or liability (whether direct or indirect) under or in relation to any other contract.

 

  1. ACTS OF NATURE

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

  1. WAIVER

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

  1. REMEDIES

Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  1. ENTIRE AGREEMENT

12.1        This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

12.2        Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.

12.3        Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

  1. VARIATION

Except as expressly provided in this Agreement, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

  1. DISCONTINUATION

14.1        If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of this agreement.

14.2        If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

  1. NO BUSINESS PARTNERSHIP

15.1        Nothing in this agreement is intended to, or shall be deemed to, establish any BUSINESS PARTNERSHIP or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.

15.2        Each party confirms it is acting on its own behalf and not for the benefit of any other person.

  1. THIRD PARTY RIGHTS

A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

  1. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada.

  1. JURISDICTION

Each party irrevocably agrees that the courts of Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

This agreement has been entered into on the date stated at the beginning of it.