These terms and conditions (“Terms and Conditions”) govern your use of the BOOKLIFE Web site (this “Site”), which is provided by BookLife, LLC (“BookLife” or “we”). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. We may modify these Terms and Conditions from time to time, by posting changes on this Site, which shall be effective from the date posted. By using this Site following any such changes to these Terms and Conditions, you agree to be bound by those changes. If you do not agree to the Terms and Conditions, you must discontinue using this Site.
In the event you have any comments or questions concerning these Terms and Conditions, please contact us by e-mailing firstname.lastname@example.org or writing to BookLife, LLC, 71 W. 23rd St., Suite 1608, New York, NY 10010. ____________________________________________________________________________________
You may be asked to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of this Site using your account and/or identity. BookLife reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of this Site for any reason, including without limitation for extended periods of inactivity.
By creating an account, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
You are responsible to pay carrier data, messaging, and other fees resulting from accessing this Site. Data and messaging (including SMS text messages) plans may be required to use mobile features of this Site. Standard data and messaging charges, fees, and taxes from your carrier may apply.
The terms of any payments related to the use of this Site will be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen payment card. If BookLife does not receive payment from your payment card provider, BookLife reserves the right to bill you and you agree to pay all amounts due on your account upon demand.
Your Materials and Use of Forums
If you post, upload or otherwise provide any information, content or materials (“Your Materials”) to this Site, including through any forums or moderated discussions, or post comments on a blog or bulletin board (collectively, “Forums”), you:
• Represent, warrant and agree that Your Materials:
• are original to you, and no other party has any rights to them;
• are not threatening, harassing, profane, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another’s privacy or publicity rights, or infringing of any intellectual property right;
• do not violate any laws, regulations or securities exchange requirements;
• do not contain a virus, worm or other harmful component; and
• do not contain any advertising, commercial messages or public announcements.
• Grant BookLife and its affiliates a royalty-free, fully-paid, unrestricted, worldwide, perpetual, irrevocable, nonexclusive, sub-licensable and freely transferable right and license, for all formats and media, whether now known or hereafter devised or discovered, to use, reproduce, modify, edit, adapt, publish, translate, create derivative works of, distribute, perform, publish and display (in each case, in whole or in part) Your Materials, including without limitation any ideas, concepts, methods, systems, designs, plans, techniques or other similar information included therein, and/or to incorporate them in other works.
• Acknowledge that Your Materials will not be treated as confidential or proprietary, and that you have no expectation of privacy concerning your use of this Site and Your Materials.
• Acknowledge that you are solely responsible for the content of Your Materials, and BookLife is not responsible for the content or accuracy of any information posted, uploaded or transmitted by you.
• Acknowledge that BookLife has the right to monitor any content on this Site, including on any Forums, but that we have no obligation to do so.
• Agree that BookLife reserves the right to review materials posted to this Site, to remove or modify Your Materials or any content placed on any Forums at any time, without notice, for any reason and in its sole discretion.
• Acknowledge that BookLife does not endorse any opinions expressed by bloggers or users of this Site and that any user- or blogger-generated content on the Site represents the views of the person who provided such content and not necessarily those of BookLife.
BookLife solicits authors and publishers to upload copies of their books for review and promotion. The terms of the license specified above shall not apply to such works, and authors and publishers shall retain all rights to their works except as may be expressly agreed and except for reasonable fair use rights granted to BookLife in connection with the review and promotion thereof.
You may submit written publications (a "Publication") through BookLife to Publishers Weekly or one of its affiliated companies for review and potential publication of the review. You understand that you will receive no compensation of any kind for published reviews. You also acknowledge that whether a Publication will be reviewed is a decision made by Publishers Weekly in its sole discretion. You hereby authorize Publishers Weekly and BookLife to post a review of any Publication submitted by you in Publishers Weekly, BookLife and any media related to Publishers Weekly's parent company, PWxyz, LLC (PWxyz).
Publishers Weekly prides itself on its long standing history of publication of unbiased literary reviews. You understand and acknowledge that reviews will not be made available to authors prior to publication. You may not agree with the specific content of any review and may feel that it is not flattering or does not portray the Publication in a positive manner. You are advised that Publishers Weekly does not accept any requests for retraction or modification of any reviews. In the event you feel that factual information stated in a review may be inaccurate, you may advise Publishers Weekly, and Publishers Weekly may determine to correct the information in our sole discretion. BookLife, Publishers Weekly and PWxyz expressly disclaim any liability for any content included in any review of a Publication, and by voluntary submission of your Publication through BookLife to Publishers Weekly, you agree that you shall have no claim or cause of action whatsoever in connection with the content of any published review.
BookLife will have the right, but not the obligation, to review the content of any information you provide on BookLife’s Services Directory (“Listing Information”). You acknowledge and agree that your Listing Information will be categorized into the business or service category(ies) chosen by you (from categories provided by BookLife). Incorrectly categorized Listing Information may be removed by BookLife without re-categorization. Neither BookLife nor any other publisher of Listing Information is obligated to place your listing within a specific category or subcategory, or to provide any comments or annotations to your Listing Information. Further, BookLife is not restricted from using for any purpose any information or data about you that is in the public domain or that is publicly accessible.
You represent and warrant that: (a) you have, and will have at all times, all right, title and interest necessary to provide your Listing Information; (b) nothing in your Listing Information is false, misleading, defamatory, libelous, slanderous, illegal or threatening; (c) you have all necessary rights, permits and licenses under all applicable laws, rules and regulations to promote, offer for sale, sell, and ship all products or services available through the business identified in your Listing Information regardless of whether such products or services are described in your Listing Information; (d) you will not engage in any illegal activities; (e) you are solely responsible for all customer service, order fulfillment, product returns, or payment of taxes or charges associated with any products or services that link from your Listing Information or from a site included in your Listing Information; and (f) your Listing Information and all products, services and materials available from your site will comply with all applicable laws, rules and regulations and these Terms and Conditions, and will not infringe the rights of any third party, including any intellectual property rights.
You may not:
• Use this Site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
• Impersonate, or misrepresent your affiliation with, any other person or entity;
• Engage in spamming or “flooding”;
• Frame this Site;
• Attempt to gain unauthorized access to other computer systems through this Site;
• Use this Site in any way that disrupts, interferes with or restricts the use of this Site by others;
• Use any automated devices, such as spiders, robots or data mining techniques to scrape, extract data, catalog, download, store or otherwise reproduce, store or distribute this Site’s content or to manipulate this Site’s applications or services;
• Collect and/or use email addresses in an unauthorized manner; or
• Sell, buy or transfer access to your account.
Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Site at any time in our sole discretion.
Information We Collect and How We Collect It
We require you to provide certain information about yourself when you register with this Site and when you request products and services. We also collect information when you participate in contests and surveys, when you respond to requests for feedback and when you submit postings to public areas of this Site (e.g., blogs, moderated discussions and bulletin boards).
The information we collect may include information from which you may be personally identified ("Personally Identifiable Information"), such as name, postal address, telephone number, fax number and e-mail address, and certain business information such as employer name, occupation, job function, job title and buying information (e.g., preferences or history). We also will collect credit card and related information when you request a product or service (including, if applicable, registering for the Site) for which there is a charge. This Site only collects Personally Identifiable Information with your knowledge.
When you visit this Site, we may collect the IP address of your computer. We also use automatic data collection technology to record other information that identifies your computer and tracks your behavior on this Site. Methods used to collect this information may include "cookies" and "clear GIFs" (also known as "pixel tags" or "beacons"). A cookie is a small amount of data that is sent to your browser from a server and stored on your computer's hard drive. Most browsers allow Users to block the receipt of cookies, but doing so may compromise your ability to use certain features of this Site. A clear GIF is a small graphic image, typically used in connection with cookies, that is placed on a web site or in an email message. A clear GIF can monitor certain user behavior, such as your usage of the web site, whether you opened an email message or whether you clicked on a URL in an email message. We do not collect Personally Identifiable Information in this way, but if you provide us with Personally Identifiable Information, we may associate that information with the information that is collected automatically.
Some of the materials included on this Site, including advertising, may be served by third parties. These third parties, in the course of serving such materials, may collect information regarding your use of this Site and how you respond to e-mail communications, using methods that may include automatic data collection, and may use this information in order to present advertisements or other content that may be of interest to you on both this Site and other web sites. Collection, use, disclosure and security of information collected by third parties are subject to the privacy policies of those third parties.
How We Use Your Information
We use Personally Identifiable Information collected on this Site for the following purposes:
- To provide you with this Site and other products and services.
- To respond to your inquiries and contact you about changes regarding the Site.
- To provide you with e-mail, fax and other notices (such as expiration and renewal notices) regarding your account and the products or services that you are receiving, and for billing and collection purposes.
- For any other purpose disclosed at the time the information is collected or to which you consent.
We also may use your information to better understand our Users and to improve our Site. For example, we may use this information to determine what portions of this Site are most popular and the demographics of our Users generally. Cookies and other User information also enable us to customize your experience on the Site. We may use IP addresses to help diagnose problems with our servers or to administer our Site. We may also use IP addresses to help identify a User during a particular session and to gather data regarding use of this Site.
We may use the information you provide us to send you e-mail, fax and other communications on behalf of BookLife and our affiliates. These communications may include e-mail newsletters, as well as offers for other BookLife services. All email newsletters will provide you with an opportunity to opt out of receiving future issues of the newsletter. All promotional offers will include an opportunity to opt out of receiving future promotions.
We also may use your information to send you e-mail and other communications on behalf of third parties. Each of these communications will include instructions for opting out of receiving future third party offers from us. You may also opt out of receiving third party offers from this Site at any time by sending an e-mail to email@example.com with the subject line "opt out - third party."
Our Disclosure of Your Information
We may disclose aggregated, anonymous statistics about many Users, and individual information that is not Personally Identifiable Information without restriction as long as no individual is identifiable by the information disclosed, and otherwise will not disclose your Personally Identifiable Information except as follows:
- Name and/or business name and title (but not information by which you may be contacted (i.e. name, postal address, telephone number, fax number and e-mail address ) in representative lists of our magazine circulation and/or web site membership, but not for further use or dissemination by the recipient.
- To third parties engaged to provide services under contractual requirement to keep Personally Identifiable Information confidential and use it only to perform the services.
- Portions of this Site may be provided as "Premium" or "Sponsored" content. Premium or Sponsored content is made available to Users on the condition that we may share certain of the User's registration information with the Premium or Sponsored content's sponsors and advertisers and/or their service providers. We will always disclose when you are registering or being provided with Premium or Sponsored content.
- To other third parties (and/or to their service providers on their behalf) to market their products or services under contractual requirement to keep Personally Identifiable Information confidential and use it only to market and provide their products or services. You may opt out of such disclosures by sending an e-mail to firstname.lastname@example.org with the subject line: "do not disclose."
- To any successor pursuant to an asset sale, merger, consolidation, restructuring, reorganization, liquidation or other similar transaction involving BookLife or this Site.
- When we believe such disclosure is required by law, regulation or securities exchange requirement or for the protection of persons or property.
- When disclosure is necessary to accomplish the purpose for which you provide it.
We use reasonable safeguards to protect Personally Identifiable Information we collect on this Site from unauthorized access, use, modification or disclosure. However, due to the design of the Internet and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.
Right to Access and Change Information
You may view and update information that you previously submitted to this Site by visiting the newsletter or website registration page for this Site, or which you submitted to request a print publication, by sending an e-mail to email@example.com. However, a request to change information may not be accommodated if the request would conflict with legal requirements or result in incorrect information. Requests to view or change personal information may take a few days to process.
BookLife has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
As between you and BookLife, BookLife (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, unless otherwise indicated. Any commercial use of this Site is strictly prohibited, except as may be expressly provided herein or to the extent that we otherwise approve. You may not download or save a copy of any of the content or screens for any purpose, except as otherwise provided in these Terms and Conditions. You may, however, print one copy of the information on this Site solely for your personal use or records. If you make other use of this Site, except as permitted herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, copyrighted material or any other intellectual property, by including them on this Site.
All material on this Site without limitation, is protected by U.S. copyright and trademark laws. In order to request permission to reprint any material on this Site (outside of personal, non-commercial use or as otherwise permitted herein), please write to:
71 W. 23rd St. Suite 1608
New York, NY 10010
You acknowledge that we have no responsibility for information or materials provided by third party web sites to which you may link from this Site (“Linked Sites”). Such links are provided as a convenience to you and do not constitute an endorsement by, or imply any association with, BookLife of such sites or the content, products, services, advertising or other materials presented on such sites. BookLife does not author, edit, or monitor Linked Sites. You agree that BookLife is not responsible or liable, directly or indirectly, for any damage or loss in connection with use of any Linked Sites.
You may link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not display the contents of our website framed or otherwise surrounded by material not originating from BookLife without BookLife’s consent.
We respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the “Copyright Agent” named below:
• your address, telephone number and email address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
71 W. 23rd St. Suite 1608
New York, NY 10010
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOOKLIFE DOES NOT WARRANT THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOOKLIFE OR ITS AFFILIATES, OR ANY OF THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT OR SERVICE PROVIDERS OF THE FOREGOING, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR SALES, EVEN IF BOOKLIFE OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PERSONS. IN NO EVENT SHALL BOOKLIFE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOOKLIFE OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO BOOKLIFE FOR YOUR ACCESS TO OR USE OF THIS SITE.
These Terms and Conditions and the relationship between you and BookLife shall be governed by the laws of the State of New York in the United States of America, without regard to its conflict of law provisions. You and BookLife each agree to submit to the personal and exclusive jurisdiction of the courts located in the State and County of New York and the federal courts of the southern district of New York with respect to any cause of action that may arise in connection with this Site or these Terms and Conditions. The failure by you or BookLife to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity. This is the entire agreement between the parties relating to the subject matter herein.
BookLife is controlled and operated from its offices in New York, and BookLife makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Site is operated by:
71 W. 23rd St. Suite 1608
New York, NY 10010