Terms of Use
Terms of Use
RESTRICTIONS ON USE OF WEBSITE
This website is owned and operated by Penguin Group (USA) Inc.
("PGI"). By accessing or using this site, you agree to be bound by
and comply with these Terms of Use. If you do not agree
with these Terms of Use, please do not use this site. PGI reserves the right,
at its own discretion, to update and modify these Terms of Use at any time and
by using this site you agree to be bound by and comply with these modifications.
USE OF MATERIALS
Unless otherwise indicated, all content
appearing on this site is the property of PGI and/or its subsidiaries or
affiliates and is protected, without limitation, by US and foreign copyright
and trademark laws. The information and materials, including text, images, audio,
video, computer code and software, appearing on this site are presented for
your non-commercial, personal use only. Copying these materials for anything
other than your personal use is a violation of copyright and trademark laws.
You may not reproduce, duplicate, distribute or modify in any way any materials
available on this website without written permission from PGI. Penguin and
Penguin Group are trademarks, and misuse of these names or of any of the
information appearing on this site may violate copyright and trademark law. If
you access this material outside the US you are responsible for compliance with
local laws.
LIMITATION OF LIABILITY
PGI WILL NOT BE HELD LIABLE, UNDER ANY
CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS
WEBSITE, WHICH IS PROVIDED "AS IS." PGI DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PGI DOES NOT MAKE ANY
REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT
DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
PGI BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR
CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER CONDUCT
PGI is not responsible for material submitted
or posted to any of its sites, including materials posted on any bulletin
boards, forums, blogs or other public areas ("Public Areas"). You
acknowledge that PGI may or may not pre-screen these materials, and PGI or its
designees have the right, in their sole discretion, to pre-screen, refuse, or
remove any content that violates these Terms of Use or is otherwise
objectionable. PGI reserves the right to disclose information as provided in
our Privacy Policy. You shall not upload,
transmit, distribute or otherwise publish through this site any content that:
a) libels, defames, is obscene, pornographic, abusive or threatening; b)
infringes any intellectual property right or any other rights of any entity or
person, including but not limited to violating anyone's copyrights or
trademarks; c) violates any law; d) advocates illegal activity; e) advertises
or otherwise solicits funds or is a solicitation for goods or services; f)
contains a virus or other harmful component.
LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, sending
emails, inputting data, answering questions, uploading data or files or
otherwise communicating with PGI, you are granting to PGI a non-exclusive,
worldwide, royalty-free, unrestricted license to use, display, adapt, modify
and reproduce these materials as PGI sees fit and you shall have no claims
against PGI for using these materials. You represent and warrant that you have
all the necessary rights in and to any material you submit and the material
does not infringe or violate the rights of any third-party.
INDEMNITY
You agree to defend, indemnify, and hold
PGI and its parent, subsidiaries, affiliates and the agencies of any of them
harmless from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, related to any violation of these Terms of Use by
you or arising out of your use of this site, including but not limited to the
placement or transmission of any message or information on this site by you.
LINKS TO THIRD PARTY WEBSITES
This site may contain links to websites
that are run and maintained by third-parties. PGI is not responsible, nor shall
it be held liable for, the content, services or products provided on these
websites, nor for the practices of any third party. These Terms of Use apply
solely to PGI's websites and you should always review the terms and conditions
of any site that you access through a link from this or any other PGI website.
UNSOLICITED MANUSCRIPTS
PGI does not accept the submission of
unsolicited manuscripts via this site and does not accept responsibility for
any such submissions.
GOVERNED BY UNITED STATES AND NEW YORK
LAW; JURISDICTION
This Site is operated in the United States
and is designed for and targeted to U.S. audiences. It is governed by and
operated in accordance with the laws of the United States or the State of New
York as applicable, without giving effect to their principles of conflicts of
law. By using this Site and/or providing us with your personal information, you
waive any claims that may arise under the laws of other countries or
territories located outside of the United States or states other than New York,
and you agree to submit to the exclusive jurisdiction of the courts of the
State of New York and the federal courts of the Southern District, located in
New York City, NY.
COPYRIGHT INFRINGEMENT
PGI prohibits the posting of any
information or materials that violates or infringes the copyrights of any person
or entity. If you believe that your work has been copied and made available on
this site in a manner that would constitute copyright infringement, please
provide the following information in writing to our designated DMCA Copyright Agent:
1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
2. a description of
the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of
where the material that you claim is infringing is located on the site;
4. your address,
telephone number, and email address;
5. a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6. a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
PGI's Copyright designated DMCA Agent for
notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
Penguin Group (USA) Inc.
375 Hudson Street, 3rd Floor
New York, NY 10014
By phone: (800) 631-8571
By fax: (212) 366-2867
By email: copyright@us.penguingroup.com
Upon receipt of such notification, PGI
will remove any posted submission found to be infringing the rights of any
person or entity in conformance with 17 U.S.C. §512(c)(3). United States law
provides strict penalties for submitting false claims of infringement.
ENFORCEMENT
If any provision of this Terms of Use is
adjudged unlawful or void or unenforceable in whole or in part, the remaining
provisions shall continue in full force and effect.
TERMINATION
Many PGI sites do not have account holders
or subscribers. For those sites that do, in appropriate cases, PGI will
terminate subscriptions or accounts of repeat copyright infringers. If you
believe that a user of this site is a repeat infringer, please contact PGI's
DMCA Copyright Agent as described above and provide enough information for us
to verify the individual is a repeat infringer.
LAST UPDATED: September 5, 2008