Terms of service

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Terms of Use Agreement and Privacy Policy 

Welcome to Author Salon. Author Salon is an online literary community, located at www.authorsalon.com.com (the “Website”), where writers and readers can share and discuss each other’s work. Author Salon focuses on fiction and nonfiction, in particular. Visitors to and members of this Website are sometimes referred to herein as “user” or “you.”

USING THE WEBSITE

By accessing or using this Website, you agree to be bound by and comply with these General Terms of Use, which includes Author Salon’s Privacy Policy as noted below. If you do not agree with these General Terms of Use, please do not use this Website. Author Salon reserves the right, in its discretion, at any time, to update and modify these General Terms of Use and to supplement them with additional agreements or terms of use that pertain to particular features of the Website. Author Salon will post any updates or modifications on the Website and/or may provide notice by email or any other means that provides reasonable notice. By using the Website after such postings or notice, you agree to be bound by and comply with these modifications. We reserve the right, in our discretion, to terminate your access to the Website and/or to remove your content and/or profile.

ELIGIBILITY & USER INFORMATION

This Website is intended for adults and not users under 18 years of age. By using this Website, you represent that you are at least 18 years of age, or the age of majority in your jurisdiction. To enter certain sections of the Website and/or to use certain features of the Website, such as to upload your work, post comments, view other writers or author’s works and to follow or connect with other members of the Website, you may be asked to register as a member and to provide certain personal information about you and your work, which will include, among other things, selecting a password and a screen name and providing your email address. You are responsible for the accuracy of any information you provide to us and for maintaining the confidentiality of your email address and password. This Website’s collection and use of your information are described in our Privacy Policy below

CONTENT

Unless specifically requested, please do not send us any confidential or proprietary information or material. Any information, proposals, requests, manuscripts, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us on or through the Website in any manner, or by email (collectively, the “Content”), will be deemed to be not confidential or secret, and may be used by us in any manner consistent with these General Terms of Use and our Privacy Policy as noted below. You are solely responsible for all Content you post or upload.

As a member of Author Salon, you will be able to post or upload Content on the Website, including excerpts from your writing (your “Work”), and to exchange information and ideas about your writing and the writing of others. When you upload, you will be asked to categorize your Work by genre. You will be able to follow other members and to establish connections with them, which will allow them to see more of your Work and you to see more of theirs.

Except as set forth herein, you will retain all rights in your Content, including the copyright; posting your Content on the Website does not change your ownership rights. By posting or uploading any Content on the Website: (i) you understand that if your Work is in a genre included on the Author Salon Website, and complies with these General Terms of Use, your Work may be made accessible to users of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright, trademark or any other right of any person or entity, and that any “moral rights” in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with respect to Content other than your Work, to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims against Author Salon for such use or non-use. Although Author Salon may maintain copies of your Content, we are not required to do so and we may delete or destroy any such Content at any time.

You will have the right to remove your Content and to terminate your membership at any time, by clicking on the “Deactivate my account” button on your profile page. We will remove your Content and terminate your membership as soon as practicable following receipt of your request. Once we remove your Content it will not be retrievable, even if you reactivate your account. However, the inclusion of some Content on the Website (e.g., comments you may post on the Website) may be perpetual and irrevocable.

USE OF WEBSITE & WEBSITE CONTENT

As between you and us, except for your Content, all content, information, materials, text, images, audio, video, computer code and software appearing on this Website (collectively, the “Website Content”) is the property of Author Salon or third parties. The Website Content is protected, without limitation, by US and foreign copyright and trademark laws. The Website Content is presented for your personal, non-commercial use only. Copying or downloading these materials (other than your own) for anything other than your personal use is a violation of these General Terms of Use and may be a violation of copyright and trademark laws. Author Salon, the name and logo, and other names, trademarks and logos appearing on the Website, are trademarks owned by Author Salon , or other third parties. If you access this Website from outside the United States, you are responsible for compliance with local laws.

USER CONDUCT

Author Salon is not responsible for material submitted or posted to this Website by users or other third parties or for any goods and services offered on this Website by users or other third parties. You acknowledge that materials posted to this Website by users may include derogatory or other negative or offensive comments about your Work, and that Author Salon is not responsible for any such comments.

You acknowledge that Author Salon may or may not pre-screen materials posted by users. Author Salon or its designees have the right, in their sole discretion, to refuse or remove any content that violates these General Terms of Use or is otherwise objectionable, or for any other reason.

You agree not to upload or post on this Website any Content (including your Work) that: a) is libelous or defamatory or is obscene, pornographic, abusive, harassing, or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited any 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, except on sections of the Website, if any, e.g., a listing board, on which solicitation for goods and services is expressly authorized by Author Salon; f) contains a virus or other harmful component; g) solicits personal information; h) involves the transmission of chain mail, junk mail or spam; or i) impersonates another person or entity. You also agree that while using the Website, you will not: i) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website, ii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing the Website, or obtaining lists of users or other information from or through the Website; or iii) circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Website or its services or any software on the Website.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THIS WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THIS WEBSITE, ALL WHICH ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY EMAIL WE SEND YOU ARE VIRUS OR ERROR FREE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, SITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. Author Salon DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION CREATED BY OR PROVIDED BY USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LINKS TO OR CONTENT CONTAINED ON THIRD PARTY WEB SITES. ALL USERS ARE SOLELY RESPONSIBLE FOR BACKING UP THEIR SUBMITTED MATERIALS AS Author Salon UNDERTAKES NO OBLIGATION OR RESPONSIBILITY WHATSOEVER

THEREFORE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU ARISING FROM YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO US FOR THE PURCHASE OF GOODS OR SERVICES FROM THIS WEBSITE, OR (B) ONE HUNDRED DOLLARS ($100).

INDEMNITY

You agree to defend, indemnify, and hold Author Salon and its parent, subsidiaries, affiliates and representatives harmless from any and all claims, liabilities, damages, judgments, losses, costs and expenses, including without limitation reasonable attorneys' fees, related to any violation of these General Terms of Use by you or arising out of your use of this Website (including, without limitation, your Content).

REFUNDS

Any request for refund of any membership fee will be handled on a case by case basis. If a member joins the site and in the process of exploring the site as a member learns that the site will not benefit them, for whatever reason, they may request a refund within the first 30 days of membership. However, if a member has utilized the site and participated as a member during the first 30 days, or thereafter, a refund will not be forthcoming. Additionally, no refunds will be issued at any time based on a member's claim that they should be under contract, or that Author Salon is neglectful in not finding them an agent or publisher to agree to read or accept their work. We cannot offer ironclad guarantees.

LINKS TO THIRD PARTY WEBSITES; INFORMATION ABOUT THIRD PARTIES

This Website may contain links to other websites and/or information about third parties who provide publishing-related goods and services. Author Salon is not responsible, nor shall it be held liable for, any content, services or products provided by third parties or offered on their websites. These General Terms of Use apply solely to this Website. You should always review the terms and conditions of any other website that you access through a link from this Website.

LINKS TO THIS WEBSITE

You may create a hyperlink to this Website provided you do so in a fair and legal manner and do not damage our reputation or take advantage of it, and provided further that the link (i) does not portray Author Salon, , this Website or any of the services offered on this Website in a false, misleading, derogatory or otherwise offensive matter, (ii) does not suggest any form of association, approval or endorsement on our part, (iii) does not use any of Author Salon’s affiliates’ or licensees’ trade marks, trade names, brands logos or other intellectual property, and (v) does not frame any portion or pages of this Website on any other website. We reserve the right to revoke linking permission without notice.

UNSOLICITED MANUSCRIPTS

You understand that this Website is not an official or unofficial channel for the submission of unsolicited manuscripts for publishing consideration. The acceptance of any Content on this Website does not represent any acceptance, endorsement, or agreement by any particular publisher or literary agent, or any other party associated or affiliated with Author Salon.

GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION

This Website is operated in the United States. This Website is governed by and operated in accordance with the laws of the United States. By using this Website 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. Persons who access the Website from other locations do so on their own initiative, and are responsible for compliance with any applicable local laws. Further, you agree that any dispute arising out of your use of the Website or these General Terms of Use will be finally determined by binding arbitration before a single arbitrator in accordance with the rules of the America Arbitration Association (including the Supplemental Procedures for Resolution of Consumer-Related Disputes if applicable). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in New York, New York, in accordance with the United States Arbitration Act.

COPYRIGHT INFRINGEMENT

Author Salon prohibits the posting of any information or materials that violate or infringe the copyrights of any person or entity. If you believe that your work has been copied and made available on this Website in a manner that would constitute copyright infringement, please provide the following information to us via email at admin@authorsalon.com, subject line: COPYRIGHT INFRINGEMENT ISSUE:

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 Website;
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.

ENFORCEMENT

If any provision of these General 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 FOR REPEAT INFRINGEMENT

In appropriate cases, Author Salon will terminate the accounts of repeat copyright infringers. If you believe that a user of this Website is a repeat infringer, please contact Author Salon and provide enough information for us to verify the individual is a repeat infringer.

What personal information may be collected on this Website Personal Information: In order to identify you, provide services and personalize your use of the Website, we may from time to time request and collect personal information, such as your name, address, email address, phone number, photograph, credit card and other payment information for orders you place, and other demographic information from users of our Website, for example, through such users’ activities, transactions and completion of online forms on our Website. Such information is collected, for example, when users create profiles, subscribe to services or features on the Website, submit materials or contribute content to the Website, make online purchases, enter contests, complete surveys, submit a comment or question to us using a “Contact Us” feature, send us an e-mail, or in any other way submit personal information to us via our Website. E-mail-A-Friend: You may be able to send information about our products and/or Website to friends by using an “E-mail to Friend” or similar feature on the Website. You may be asked to provide the name and e-mail address of your friend to us, but such information will only be used to send the initial notice to your friend; we will not save it or use it for any marketing purposes thereafter.

What Website usage information may be collected on this Website Cookies: “Cookies” help us to identify and track you, and to improve and personalize your use of the Website. Cookies are small data files that are sent automatically from a Web server to your Web browser and are stored on your computer’s hard drive when you visit or revisit the Website. Examples of how we may use cookies include the use of a stored user name and password to automatically complete a form and the use of home page preferences for return visits. Cookies permit us and our service providers to track the pages you visit, the content you view and the purchases you make on the Website. Most Web browsers can be set to erase or block the acceptance of cookies or to inform you when a cookie has been sent so that you can refuse the cookie. Additionally, as the Website may from time to time use Flash cookies, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies (which cannot be managed via your browser settings, as with traditional cookies). However, please note that refusing a cookie may limit your access to certain areas and/or functions of the Website, such as your ability to upload manuscripts and make purchases. Although the information collected through cookies is not by itself considered personally identifiable information, such information may enable us to relate your use of our Website to other information we have collected about you, including your personal information.

By using the Website, you consent to our use of cookies in connection with this Website. IP Addresses, and other Tracking Technologies: In addition to our use of cookies as described above, our server automatically collects Internet Protocol (IP) addresses and other data which we may use for administrative and other purposes (including, for example, information about which pages you visit on this Website, which other websites you link to or link from, any search terms you input into the Website, and other Website usage activity logged by our servers). We may also use other technologies that are similar to or work in conjunction with cookies to help us track and monitor Website usage (e.g., Web beacons, site tags, clear GIFs, etc.). Although clickstream data and information collected through these other types of tracking technologies is not by itself considered personally identifiable information, it may permit us to relate your use of our Website to other information about you, including your personal information.

How we may use your information
We will use your information (including both your personal information and your Website usage information) to respond to your requests, process your orders or transactions, and to provide you with product and service offerings. We may also use your personal information for internal record keeping, to administer our Website and services, and to customize your use of the Website. From time to time, we may match information collected from you through this Website (including both personal information and Website usage information), and use such information along with information obtained from other sources, including third parties. We will not disclose your personal information on public areas of the Website without your permission (including, for example, when you decide to make “public” certain information about yourself on the Website). In addition, if you consent by opting in, we may send you notices and otherwise correspond with you, via e-mail and otherwise, about products, services and events sponsored by us and others that we think might interest you.

How we may share your information with others
Public forums: Information you submit or post to a public area of our Website, such as a public profile, chat room, bulletin board, discussion, blog or other community tool or area, will become available to other members of the Website or to the general public. We therefore advise you to exercise great care in determining what information you choose to make publicly available through our Website.

Third-party offers
We will not share your information with other companies, including our affiliates, for their marketing purposes unless you consent by opting in, and we will request your permission ahead of time should the situation ever arise. We will not share your information with co-sponsors of contests, sweepstakes or other promotions on the Website unless you consent by opting in.

Your Access Rights
You may review, update or modify the personal information that is stored in your user account on this Website by visiting the “My Profile” area of your account on this Website.

Security
We endeavor to protect the security and integrity of sensitive personal information collected via this Website by adopting reasonable industry standard security measures. For example, for our e-commerce services, we endeavor to encrypt sensitive personal information you send us during the check-out process and protect it by a firewall on a secure server. However, due to the open nature of the Internet, we cannot guarantee that any information is 100% secure. You are responsible for maintaining the confidentiality of your account password and for any access to or use of the Website via your password, whether or not authorized by you. Please notify us of any unauthorized use of your password or account or any other breach of security. You are also responsible for any information including personal information that you post or submit on public areas of the Website. In the unlikely event that we believe that the security of your personal information may have been compromised, we will endeavor to give you appropriate notice as quickly as possible, including by email.

You consent to our use of e-mail for such notification. Consent to Processing By using and providing personal information to this Website, you consent to the collection, maintenance, processing and transfer of your information in and to the United States and other countries and territories, pursuant to the laws of the United States, which may provide lesser privacy protections than the laws of other countries.

“Linked-To”
Websites The Website may contain links to other websites and online services, which have their own separate terms of use and privacy policies. This Privacy Policy does not apply to information provided to or collected on any other website or service.

Changes to this Privacy Policy
We reserve the right to change this Privacy Policy from time to time, and such changes will be effective immediately upon posting to this Website. Under certain circumstances (for example, in connection with certain material changes), we may also elect to notify you of changes or updates to our Privacy Policy, or to request your consent for such changes, by additional means, such as posting a notice on the front page of our Website or sending you an e-mail.

Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at: admin@authorsalon.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. 

 

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