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This site is a service of Publishers Lunch, the e-mail newsletter now known as "publishing's essential daily read." Join the thousands of people who read Lunch every day.
Terms of use
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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. Welcome to PublishersMarketplace.com (the "Site"). The Site, which is operated by Cader Books ("Cader Books" or the "Company"), and the services (the "Services") offered at the Site are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITE OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms of Use carefully. If you do not agree to these terms, you should not use the Site or any of the Services. The Terms of Use for this Site may be revised at any time by Cader Books without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site and available for your review at any time. It is your responsibility to do so often. The term "you" or "user" refers to all individuals and entities accessing this Site for any reason.

2. USER CONDUCT - General. Users may not use the Site to post, transmit, distribute or store material (a) in violation of any applicable law, rule or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to any person or entity.

Use of Services. The Services are provided to freelancers, writers, publishers, packagers, agents, consultants, and other publishing professionals in accordance with the options and uses outlined on the Site only. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for the stated purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form, forwarded to multiple third parties, and/or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization's internal use for the purposes described on the Site, and even in such event, you may not under any circumstances use more than 5 percent of the total content from any single database or feature.

Policy Concerning Children. The Services are not intended for use by children. If you are under 13 years of age, you may not use the Site or the Services.

Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user's access to, or use of, the Site, by including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Cader Books reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Services as necessary to satisfy any applicable law, regulation, legal process or governmental request.

3. POSTING OR SUBMITTING INFORMATION.

User Responsibilities. As a user, you are responsible for your own communications and information and are responsible for the consequences of their posting. You also acknowledge that your use or reliance on any materials or information posted by other users is at your own risk. You are solely responsible for verifying the accuracy of any such materials and information.

No Warranties or Representations by the Company. The Company does not represent, guarantee or verify the truthfulness, accuracy, or reliability of information or communications posted by users or endorse any opinions expressed by users. The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen or verify communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Site for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

Specific Prohibited Practices. The following practices and activities are specifically prohibited on this Site:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking assignments or employment on a full-time or part-time basis on his or her own behalf).
  • Posting any franchise, chain letter pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
  • Posting any sexually-explicit image or statement.
  • Spamming in any fashion, including but not limited to e-mailing your posted member page to multiple recipients unsolicited, and using e-mail addresses obtained from Site resources (such as the contact and deals databases) to send multiple unsolicited e-mails.
  • Posting, creating, or inserting any links to other web sites or pages, other than your own pages hosted at the Site, including (without limitation) using your pages hosted at the Site as a "door" or "signpost" to any pages not hosted at the Site.
  • Impersonating any other person.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site (including, without limitation, by posting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information).
  • Taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure.
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Aggregating, copying, duplicating, reposting on other sites, or redistributing (other than internally within your organization for the purposes and with the limitations in quantity described above) in any manner any of the materials or information available on the Site.
  • Framing of or linking to any of the materials or information available on the Site.
  • Framing of or linking to any of the materials or information available on the Site.
  • Forwarding Publishers Lunch Deluxe and Daily Deal e-mails to multilple third parties, or to mailing lists.
  • Posting content from Publishers Lunch Deluxe and Daily Deal e-mails to any web site.

4. E-MAIL SERVICES. The publication schedule of the Company's e-mail newsletters, including but not limited to Publishers Lunch Deluxe, Lunch Weekly, and the Daily Deal e-mails, shall be determined at the Company's sole discretion, subject to modification and/or suspension from time to time, without any notice required.

You acknowledge that the Company has no control over the vicissitudes of e-mail delivery and receipt, and the Company shall in no event be liable for any non-receipt of any e-mails by Subscriber.

5. MODIFICATION. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), any document, information or other content on the Site, with or without notice to you. This may include establishing policies and limitations concerning your Web pages hosted at the Site. Currently, each freelancer or writer registration entitles you to have 100 KB of disk space for your files. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services, any document, information or other content on the Site.

6. TERMINATION. We may terminate or suspend your access to all or part of the Site and/or your use of the Services, without notice and for any reason, including, but not limited to, for violation of the Terms of Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, another customer of the Site or any third party.

7. NONTRANSFERABLE. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.

8. UNSOLICITED SUBMISSIONS. We do not accept or consider creative ideas, suggestions or materials other than those specifically requested by us. We ask that you do not submit or send such materials directly to us unless we ask you to do so. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the "Information") to us at our request or send unsolicited Information to us despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.

9. INTELLECTUAL PROPERTY. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the "Intellectual Property"), which are owned by the Company, its licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to the Company or its licensors, affiliates or partners. You may use the Intellectual Property in accordance with Section 2 above, but you may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from the Company. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. You do not acquire Intellectual Property rights in any item purchased through the Site, except to the extent outlined in Section 2 above.

"Cader Books," "PublishersMarketplace" and "PublishersLunch" are trademarks of the Company. Other product and company names appearing on the Site may be trademarks of their respective owners.

Your License. By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use or for the organization's internal use for the purposes described on the Site. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

10. COPYRIGHTS AND COPYRIGHT AGENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf or the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on the Site is Renee Schwartz who can be reached as follows: by mail: Renee Schwartz Copyright Agent c/o Kronish, Lieb, Weiner & Hellman by phone: (212) 479-6040, by fax: (212) 479-6275, or by e-mail: rschwartz@kronishlieb.com.

11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.

YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED TRANSMISSIONS, ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS) THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES, OR YOUR INABILITY FOR ANY REASON TO USE THE SITE OR THE SERVICES; NOR DO WE HAVE ANY LIABILITY WHATSOEVER FOR ANY PRODUCT PURCHASED THROUGH THE SITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE OR SUCH CONTENT IN ANY DOCUMENT, MATERIAL OR ITEM PURCHASED THROUGH THE SITE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION. You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any of the Services, your violation of these Terms of Use, or your violation of the rights of any third party.

14. USER INFORMATION. When you register for the Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). You represent and warrant that all Information provided by you is true and accurate. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous aggregated basis, certain demographic or other non-personally identifiable information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, unless and except such information has been obtained through other means for display as appropriate in our Contact database, and except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Unless you opt-out, the Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. We reserve the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Use.

15. PAYMENT. For registered members: You authorize us to charge you for use of the Services, at the posted prices, (such prices subject to change at any time by Cader Books without any specific notice to you, beyond posting notification on the Site's "Your Account" page), on a monthly basis, beginning immediately upon enrollment and continuing until you cancel your membership.

You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

For those purchasing job board listings, Feature Me advertisements, and any other products or services through our Site: You authorize us to charge you, at the posted prices, at the time such purchase is requested online.

You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

If you elect to pay by invoice, you represent and warrant that you and/or your employer, will pay the charges incurred by you at the posted prices, including any applicable taxes and late fees.

We do not accept "mystery shopper" job listings. Any job listing may be rejected by the Company at any time, in our sole discretion, if deemed unsuitable for posting.

16. CANCELLATION. You may cancel your membership at any time, by activating the cancellation link on the "Your Account" page. Cancellations are not deemed executed and valid until you receive a confirmation e-mail from us, which you should retain as proof of your cancellation. (If you do not receive a confirmation e-mail, it is your responsibility to verify that your cancellation took place, by sending e-mail to sales@publishersmarketplace.com.)

We will make best efforts, but shall have no obligation, to honor e-mail and telephone requests to cancel an account. (If you do not receive a confirmation e-mail, it is your responsibility to verify that your cancellation took place, by sending e-mail to sales@publishersmarketplace.com.)

Choosing to "unsubscribe" from our optional Publishers Lunch Deluxe mailing list is not a cancellation of your account; it simply suspends delivery of our e-mail newsletter.

17. REFUNDS. For registered members: There shall be no refunds for any unused time portion of the most recent month's membership. You acknowledge and agree that in the event of any dispute over the date of a cancellation, the Company shall not be liable for any charge greater than the most recent month's membership fee.

For those purchasing job board listings: Unused job board listings shall be refunded only if the refund is requested within 24 hours after purchase. Thereafter, and once posted, regardless of the period of time posted, there shall be no refunds for job board listings.

For any other products or service purchased through our site: Refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase.

18. LINKS TO OTHER SITES. The Site may contain links to other Sites. We are not responsible for the content, accuracy or opinions expressed on such Sites, and such Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you leave our Site and access these third-party sites, you do so at your own risk.

19. MISCELLANEOUS. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State of New York and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site or any of the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to Sections 11 and 12 above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use constitute your entire agreement with the Company. The Company reserves the right to make changes to the Company Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision.


Copyright ©2003 by Cader Books, Inc. All rights reserved.
Web site designed and developed by Michael Macrone.