Terms and Conditions
Updated: May 2014
These terms and conditions ("Terms and Conditions") govern your use of the PUBLISHERS WEEKLY Web site at Publishers Weekly (this "Site"), which is provided by PWxyz, LLC ("PWxyz" 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 email@example.com or writing to PWxyz, 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. PWxyz 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 in which event PWxyz shall refund the pro rata balance of any subscription payment previously received from you.
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 PWxyz does not receive payment from your payment card provider, PWxyz reserves the right to bill you and you agree to pay all amounts due on your account upon demand.
If you sign up for a subscription we will bill you for the term and services you select. You agree to pay PWxyz all charges at the prices then in effect for your use of this Site's services using the payment method you select from the choices accepted by PWxyz and any applicable taxes, and you authorize PWxyz to charge the card you provide (your "Payment Card") through the provider of your chosen Payment Card (the "Payment Card Provider") for the services you select. You agree to pay the annual or other term charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. If the offer you accept includes an automatic renewal feature, at the end of each term you select, PWxyz will automatically charge your Payment Card account for renewal of your subscription term. The renewal charge will be the current renewal rates for the term of your subscription. The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other Payment Card Provider. If PWxyz does not receive payment from your Payment Card Provider, PWxyz reserves the right to bill you and you agree to pay all amounts due on your account upon demand. All prices are in US Dollars and do not include Internet service provider, telephone, or other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
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:
•\tRepresent, warrant and agree that Your Materials:
•\tare original to you, and no other party has any rights to them;
•\tare 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;
•\tdo not violate any laws, regulations or securities exchange requirements;
•\tdo not contain a virus, worm or other harmful component; and
•\tdo not contain any advertising, commercial messages or public announcements.
•\tGrant PWxyz 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.
•\tAcknowledge 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.
•\tAcknowledge that you are solely responsible for the content of Your Materials, and PWxyz is not responsible for the content or accuracy of any information posted, uploaded or transmitted by you.
•\tAcknowledge that PWxyz has the right to monitor any content on this Site, including on any Forums, but that we have no obligation to do so.
•\tAgree that PWxyz 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.
•\tAcknowledge that PWxyz does not endorse any opinions expressed by bloggers or users of this Site and that any content placed on any Forums, whether by bloggers or users, represents the views of the person who provided such content and not necessarily those of PWxyz.
PWxyz 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 PWxyz in connection with the review and promotion thereof.
You may submit written publications (a "Publication") to PWxyz 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 PWxyz in its sole discretion. You hereby authorize PWxyz to post a review of any Publication submitted by you in any PWxyz-related media including Publishers Weekly.
PWxyz 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 PWxyz 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 us and we may determine to correct the information in our sole discretion. PWxyz expressly disclaims any liability for any content included in any review of a Publication, and by voluntary submission of your Publication to PWxyz, you agree that you shall have no claim or cause of action whatsoever in connection with the content of any published review.
You may not:
•\tUse this Site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
•\tImpersonate, or misrepresent your affiliation with, any other person or entity;
•\tEngage in spamming or "flooding";
•\tFrame this Site;
•\tAttempt to gain unauthorized access to other computer systems through this Site;
•\tUse this Site in any way that disrupts, interferes with or restricts the use of this Site by others;
•\tUse 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;
•\tCollect and/or use email addresses in an unauthorized manner; or
•\tSell, 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.
PWxyz 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 PWxyz, PWxyz (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, including but not limited to text, charts, photographs, video, graphics, music, images, animations, audio, text, "applets" incorporated into the software, data, sounds, messages, comments and ratings, 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, PWxyz of such sites or the content, products, services, advertising or other materials presented on such sites. PWxyz does not author, edit, or monitor Linked Sites. You agree that PWxyz 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 PWxyz without PWxyz'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:
•\tyour address, telephone number and email address;
•\ta description of the copyrighted work that you claim has been infringed;
•\ta description of where the alleged infringing material is located;
•\ta 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;
•\tan electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
•\ta 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. PWXYZ 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 PWXYZ 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 PWXYZ 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 PWXYZ 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 PWXYZ 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 PWXYZ FOR YOUR ACCESS TO OR USE OF THIS SITE.
These Terms and Conditions and the relationship between you and PWxyz 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 PWxyz 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 PWxyz 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.
PWxyz is controlled and operated from its offices in New York, and PWxyz 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