PROPOSAL SUBMISSION AGREEMENT
Thank you for submitting your Proposal (the “Proposal”) to us. Our review of the Proposal is subject to the following terms and conditions.
1. Nothing in this Agreement will be deemed to establish a fiduciary relationship or other relationship of trust or confidence between you and us.
2. By receiving your submission, we do not agree to pay you anything for the Proposal and will have no obligation of any kind to you on account of your submission of the Proposal, except as expressly set forth in this Agreement, until such time as we may execute a definitive written publishing agreement providing for such payment.
3. Nothing in this Agreement will deprive us of any rights with respect to the Proposal that may be available to members of the public generally, or impair our right to contest the validity of any proprietary rights you may claim in the information and materials submitted to us. We shall not have any obligation to you with respect to ideas and materials that are not subject to protection by the laws governing copyrights and trade secrets. You further acknowledge and agree that we may already be, or in the future may become involved in, pursuing ideas which are similar to those contained in the Proposal, and may already have been exposed to, or may have already developed or in the future may independently develop, ideas or products which are similar to those to be disclosed to us by you.
4. This letter Agreement sets forth the entire agreement between you and us concerning your submission of the Proposal for review and may not be modified except by a written instrument that refers to it and that has been signed by the parties hereto. This Agreement will be governed by substantive laws of the state of New York law, without reference to its conflicts of law principles. The parties agree that any claim relating to this Agreement must be filed in the State or Federal court located in state and county of New York and consent to the personal jurisdiction of such courts over them.
5. By clicking the “Submit” button on the Proposal Submission Page, or by emailing your submission to firstname.lastname@example.org, you acknowledge that you will be bound by the terms of this Agreement.
TERMS OF SERVICE
Welcome to the Web site at www.broadsidebooks.net (“Site”) which is owned by HarperCollins Publishers L.L.C. (“HCP”). This Site is operated by HCP, and materials on the Site are owned, for the most part, by HCP. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and HCP.
HCP reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HCP or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting HCP in writing at HarperCollins Publishers L.L.C., Internet Development Group, 10 East 53rd Street, New York, NY 10022 or at email@example.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Bulletin Boards, Chat Rooms & BlogsYou are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively “Forums”). However, HCP accepts no responsibility whatsoever in connection with or arising from such Messages.
HCP does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by HCP prior to posting and do not necessarily reflect the opinions or policies of HCP. HCP makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, HCP reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
HCP assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time HCP chooses, in its sole discretion, to monitor the Forums, HCP nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that HCP accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to HCP that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
- improperly assume or claim the identity, characteristics or qualifications of another person;
- are for purposes of spamming;
- contain any virus or other harmful component;
- are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
- are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of HCP and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as HCP sees fit.
You agree to release HCP, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that HCP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that HCP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that HCP is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that HCP is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTHCP will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to HCP’s Designated Agent.
Service Provider(s): HarperCollins Publishers LLC
Name/Contact Information of Designated Agent:
Asst. General Counsel
10 East 53rd Street
New York, New York 10022
Telephone: (212) 207-7969
Fax: (212) 207-7552
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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