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Terms of Agreement for Use of
BooksandManuscripts.com, a Limited Liability Company, hereinafter referred to
as B&M.com.
Thank you for selecting
B&M.com to post your manuscript. This Agreement ("Agreement") is
a contract between you and B&M.com that describes the terms and conditions
applicable to your use of this site. Before using this site, you must read and
accept the terms and conditions contained in this Agreement. If you do not
accept this Agreement, you will not be able to use this site.
TERMS & CONDITIONS
1) Content Restriction. B&M.com will not display
manuscripts containing inappropriate content.
B&M.com reserves the right to reject and/or remove any manuscript or
materials it deems offensive, odious, unsuitable, illegal, hateful, unlawful,
discriminatory, or pornographic. This determination is at the sole discretion
of B&M.com.
2) Rejection Rights. B&M.com reserves the right
to reject/restrict any manuscript, any author, any advertiser, any publisher,
or any agent at its sole discretion and for any reason.
3) Use of Site. Use of B&M.com, including
B&M.com's outlining of services or your payment for services for use of
B&M.com, does not guarantee, promise, warrant or imply that the manuscripts
and/or materials you post will be viewed or published by a publisher. You are
using this site at your sole discretion as a place to advertise and expose your
manuscript and information to potential publishers and/or agents, without
guarantee, promise or warranty that posting your manuscript and/or other
materials at B&M.com will result in being published.
4) Premium Services. Premium services that are
offered under this agreement should not be construed as a guarantee, promise,
or warranty of any kind. B&M.com does not guarantee, warrant, imply, or promise
that a manuscript placed in the premium category will be viewed by publishers
or that a manuscript will be picked up for publication.
5) Limitations. B&M.com makes no guarantee,
warranty, promise, assurance or claim that all publishers and/or agents who
have been given user names and passwords to the B&M.com site will access,
use, frequent, peruse, search, or otherwise attempt to locate authors or
manuscripts through the use of this site.
6) Refunds. No refunds or partial refunds will be
given for payments made in conjunction with posting manuscripts and other
services rendered at this site, unless the author's subscription is cancelled
by B&M.com. In the case of cancellation by B&M.com, a full refund shall
be given to the subscriber by returning funds to the same credit or debit card
initially charged by B&M.com.
7) Termination.
This agreement and or use of this site may be terminated by B&M.com
immediately and without notice if you fail to comply with any term or condition
of this agreement or for any reason deemed necessary by B&M.com. B&M.com shall have the right to change or
add to the terms of this agreement at any time, and to change, delete,
discontinue or impose conditions on any feature or aspect of the B&M.com
site (including but not limited to internet-based services, pricing, technical
support options, terms of this Agreement and other related policies) without
notice.
8) Limitation of Liability and Damages.YOUR EXCLUSIVE REMEDY AND THE ENTIRE
LIABILITY OF B&M.COM FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY
YOU FOR YOUR SUBSCRIPTION TO THIS SITE. B&M.COM AND ITS REPRESENTATIVES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO: ALLEDGED THEFT OF YOUR DATA, PROPOSAL, OR IDEA;
ALLEDGED "SCAMS" BY PUBLISHERS OR AGENTS; LACK OF RESPONSE TO YOUR
MANUSCRIPT BY PUBLISHERS AND/OR AGENTS; FALSE ADVERTISING BY SITE ADVERTISERS;
WEB OR HOSTING BREAKDOWNS, SITE CORRUPTIONS, VIRUSES, OR SHUT DOWNS), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF B&M.COM OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIRD PARTY CONTENT
PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY
USE OF THIS SITE. B&M.COM AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU
FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID
BY YOU FOR THE USE OF THIS SITE.
9) Information Protection and Responsible Use. If
you decide to use B&M.com services, you are responsible for reviewing and
understanding the terms and conditions governing any of these services. Your participation in such services indicates
your acceptance of such terms and conditions. Only publishers and agents as you
designate shall be able to view the information you post at this site. This
means that all publishers and agents who fall under the categories you
designate shall have full access to the contents that you post on the site and
under the categories and key words you select. While publishers and/or agents
will have access to the information you post, no other author shall be able to
view neither your personal information nor your posted material at B&M.com
without your consent. However, your access to these services shall be through
the use of a user name and password. You should select a carefully chosen
password for your security. Because these factors are beyond B&M.com's
control, you agree that B&M.com is not responsible for safeguarding your
content beyond the extent already stated above.
10) Privacy and Accessibility. Notwithstanding that
your information, including name, address, email address and other contact
information, along with the content you choose to post at B&M.com shall be
fully accessible to agents and/or publishers as you designate, B&M.com will
not share your email address or any other personal information with outside
vendors. By accepting this Agreement,
you are consenting to allow your personal information, materials and/or
manuscripts you include/post at the site to be fully and completely accessible
to those member publishers and/or agents as you have designated who access this
site.
11) Privacy Policy Regarding B&M.com's E-Letter
Services. As a default setting, we DO NOT
share your name, email, phone number, address, or any other personal
information with individuals other than those member Publishers and Literary
Agents who use our site for that expressed stated purpose. We will, however,
share your personal information with Writers' Groups, Workshops, Colleges,
Universities, independent editors, and other associated professionals if you
elect to join our E-Letter Services.
The B&M.com E-Letter is
delivered periodically to various publishing professionals, including, but not
limited to: member publishers and their staff, literary agents and their staff,
and other similar publishing professionals, such as College Educators, Literary
Magazine and Journal staff members, Workshop Teachers, Editors, and various
Writers' Groups. Our B&M.com E-Letter Services highlight promising
new and established authors and/or the work that they have posted on our
website. In addition, some localized E-Letters go to writers' groups and
writers' workshops in your area that may wish to inform you of their services
and offer you opportunities to participate. By consenting to be included in our
E-Letter Services, you are consenting to share
your personal information with these professionals who may be interested in
soliciting you for classes, workshops, writers' groups, and other literary
endeavors. Your election to be included in the
B&M.com E-Letter Services is voluntary and will not affect your ability to
post material available to member publishers and agents.
12) General
Provisions. This Agreement is a complete statement of the agreement between
you and B&M.com, and sets forth the entire liability of B&M.com and its
Representatives and your exclusive remedy with respect to the B&M.com
services and their use. This Agreement
shall govern any services or content related to B&M.com, unless such
services or content are subject to a separate written agreement between you and
B&M.com or its Representatives. However, the limitations of liability and
disclaimer of warranties in this Agreement shall apply to B&M.com and its
Representatives with respect to such content or services except to the extent
provided otherwise in a separate written agreement approved by B&M.com
between you and B&M.com or the applicable Representative(s).
The agents, employees,
distributors, and dealers of B&M.com are not authorized to make
modifications to this Agreement, or to make any additional representations,
commitments, or warranties binding on B&M.com. Any waiver of the terms herein by B&M.com
must be in a writing signed by an authorized officer of B&M.com and
expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid
or unenforceable under applicable law, then it shall be, to that extent, deemed
omitted and the remaining provisions will continue in full force and
effect. This Agreement will be governed
by Oregon law as applied to agreements entered
into and to be performed entirely within Oregon,
without regard to its choice of law or conflicts of law principles, and
applicable federal law. The parties hereby consent to the exclusive
jurisdiction and venue in the state and federal courts in Multnomah County, Oregon.
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