Terms of Use

www.nyjournalofbooks.com

Website Terms of Use

Welcome to the website of nyjournalofbooks.com.  The following terms and conditions (the “Terms of Use”) govern your use of nyjournalofbooks.com, and any content or services made available from or through nyjournalofbooks.com, including any subdomains thereof (the “Website”). The Website is made available by New York Journal of Books, LLC (“NYJB” or “we” or “us”).   

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
    
1.    Acceptance of Terms of Use; Changes to Terms of Use.   
Your use of the Website constitutes your acceptance of these Terms of Use.  If at any time you do not wish to accept the Terms of Use, you may not use the Website.  Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by NYJB and shall be of no force or effect.
NYJB shall have the right at any time to change or modify the Terms of Use, or any part thereof, or to impose new conditions, including, but not limited to, adding or modifying fees and charges for use.  Any changes, modifications, additions or deletions to the Terms of Use shall be effective immediately upon posting of the revised Terms of Use on the Website.  Any use of the Website by you after posting of the revised Terms of Use shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions.  You should periodically review these Terms of Use. 
2.    Proprietary Rights; Trademarks.
As between you and us, we own, solely and exclusively, or are using and publishing with permission, all the content (of any form or nature including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, book reviews, book excerpts, software, titles, etc. whether posted by us or you), code, data and materials on the Website, the style, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  Your use of the Website does not grant to you ownership of any of the foregoing that you may access on or through the Website.   

The trademarks, logos, service marks and trade names displayed on the Website are registered and unregistered trademarks of NYJB, its vendors and other entities from which NYJB received permission to use such marks (collectively the “Trademarks”  or “Trademark”) and use of such Trademarks is strictly prohibited without the express written permission of NYJB or the respective Trademark owners.  Without limiting the generality of the foregoing, you shall not use the Trademarks in any manner that disparages or discredits NYJB or the respective Trademark owners.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website. 

3.    Registration; Permitted Use; Limitations.
Certain uses of the Website are possible without registration, though registration will be required for accessing certain services and content on the Website. Following registration with the Website, you are responsible for maintaining the confidentiality of your account information (including, without limitation, your user name and password) and you agree to accept responsibility for all activities that occur under your account.  Use of the Website is only for your personal, non-commercial use.  You may terminate your registration on the Website by making the relevant selection in your account.  You may terminate email subscriptions on the Website by making the relevant selection in your account.

Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of NYJB. Other than as expressly allowed herein, you may not post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. Content which is specifically designated as downloadable may be used for your own personal, non-commercial use. You further agree that, you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you fail to comply with these provisions, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use

4.    Fees and Payment.  
If you purchase any products or services through the Website, you agree to pay all applicable fees associated with your account.  NYJB’s partners will automatically charge your credit card or PayPal account for all applicable fees. Unless otherwise expressly stated in these Terms of Use, all fees and charges are nonrefundable.  

5.    User Conduct. 
You will not:
•    impersonate any person or entity or misrepresents your affiliation with any other person or entity; 
•    attempt to gain unauthorized access to other computer systems through the Website; 
•    obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means, including, without limitation, accessing fee-based services through a free account; 
•    use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website; 
•    use the Website in violation of NYJB’s or any third party's intellectual property or other proprietary or legal rights; or 
•    use the Website in violation of any applicable law.
We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. 

6.    Submission of Materials.
Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will not be deemed to be confidential or secret, and may be used by us in any manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, (ii) agree that all Submitted Materials shall be owned, solely and exclusively by NYJB; and (iii) agree that by the publication of any Submitted Materials, we will be granting you, a limited license to publish such Submitted Materials only on your personal non-commercial websites.

We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. 

7.    Privacy.
In the course of your use of the Website you may provide certain personalized information to us as part of the registration process or otherwise in the course of using this Website, including, without limitation, your name, email address, zip code, and certain additional information (such information referred to hereinafter as “User Information”). NYJB’s information collection and use policies with respect to the privacy of such User Information are set forth in our privacy policy located at [LINK TO PRIVACY POLICY] (“Privacy Policy”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 

8.    Linking to the Website.  
You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website.  You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time. 

9.    Indemnification.  
You agree, at your own expense, to indemnify, defend and hold harmless NYJB and its subsidiaries and their respective managers, members, officers, employees, representatives, suppliers and agents (“Indemnified Parties”), against any claim, suit, action or other proceeding brought against any Indemnified Party arising out of content that you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Use or applicable law, or your violation of any rights of a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.  In connection with any such claim, NYJB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NYJB’s defense of such claim.

10.    Advertisements, Searches and Third Party Websites.
NYJB may provide links to third-party websites through the Website.  We do not recommend and do not endorse any such third parties or the content on any third party websites.  NYJB is not responsible for the content of linked third-party websites, sites framed within the Website, third party websites provided as search results, or third party advertisements; and NYJB does not make any representations or warranties regarding their content, accuracy, compliance with state or federal law, compliance with copyright or other intellectual property laws, or protection of any personally identifiable information provided to such third parties. Your use of third party websites is at your own risk and subject to the terms and conditions of use and privacy policies for such websites.  NYJB does not endorse any product or service advertised on the Website.

11.    Notice of Content Removal Procedure; Copyright Agent.
Copyright owners may report alleged infringements of their works that are posted on the Website by sending to NYJB’s authorized agent, a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (“DMCA”), including the following information: 

1.    Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 
2.    Your name, address, telephone number and (if available) e-mail address. 
3.    A statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 
4.    A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf. 
5.    A signature or the electronic equivalent from the copyright holder or authorized representative.
Upon NYJB’s receipt of a satisfactory notice of claimed infringement for such works, NYJB will respond expeditiously to remove the allegedly infringing work(s).
Copyright owners may send NYJB a notification of claimed infringement to report alleged infringements of their works to:
nyjb@nyjournalofbooks.com with a copy to: 

[Ted Sturtz]
New York Journal of Books, LLC
520 Grove Terrace
South Orange, NY 07079 

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to NYJB, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to NYJB.  Upon NYJB’s receipt of a counter notification that satisfies the requirements of DMCA, NYJB will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification.  In all events, you expressly agree that NYJB will not be a party to any disputes or lawsuits regarding alleged copyright infringement.  

12.    Endorsement Disclosure
Publishers routinely request that their books be reviewed by the Website’s reviewers. NYJB also requests books or unfinished copies of books for review by one of NYJB’s reviewers.  Typically, complimentary copies of books are provided with such requests as is standard practice in the book publishing industry. In other cases, reviewers obtain the book independently, either as complimentary copies from publishers or by purchasing them. NYJB does not purchase books for reviewers. Reviewers of books for the Website are never required to read or critique a book and do so of their own choosing. If a reviewer chooses a book for review for the Website, a copy is generally provided to the reviewer. The reviews in the Website written using complimentary books will not be individually identified. Reviewers represent to the Website that the book reviews they provide reflect their honest opinions and beliefs and that these opinions are not influenced by the receipt of complimentary copies of books. 

13.    DISCLAIMER OF WARRANTIES.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL REVIEWS, CONTENT AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYJB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OF CONTENT OR INFORMATION.  FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, INCLUDING DOWNLOADING ANY CONTENT.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A NYJB AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. 

14.    LIMITATION OF LIABILITY. 
UNDER NO CIRCUMSTANCES SHALL NYJB, ITS SUBSIDIARIES OR THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR THE SERVICES OR CONTENT OF THE WEBSITE, EVEN IF NYJB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall NYJB’s total liability to you for any damages, losses and causes of action exceed the amount paid by you, if any, for using the Website in connection with the service or product for which you are seeking damages. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

15.    Termination of Access and Use.

We may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.  

16.    Access Outside of the United States. 

NYJB is based in the State of New Jersey, in the United States of America with principal offices in South Orange, New Jersey. These terms of use are governed by the laws of the United States of America, which is where this Website is hosted. NYJB makes no claims that the Website or any of its content are appropriate or may be downloaded or accessed outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  

You should also be aware that when you submit your personally identifiable information to the Website, your information will be deemed sent from the United States of America, that your information may go to a country that has different privacy laws than your home country and that your information will be handled in accordance with the laws of the United States of America. By providing any personal information to this Website, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the submission, collection and processing of such information in the United States of America

17.    Applicable law and Jurisdiction.  
These Terms of Use are governed by the internal laws of New Jersey, without regard to choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.  If any provision of these Terms of Use is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained in these Terms of Use shall not be in any way impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law. If any court determines that any of the provisions of these Terms of Use, or any part thereof, are unenforceable for any reason, such provision shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  All parties to these Terms of Use waive their respective rights to a trial by jury. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

18.    Jurisdiction.  
You expressly agree that exclusive jurisdiction for any dispute with NYJB, or in any way relating to your use of the Website, resides in the state and federal courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in New Jersey in connection with any such dispute involving NYJB, and subsidiaries and their respective managers, members, officers, employees, representatives, business associates, suppliers and agents.

19.    Arbitration.
You agree that NYJB may elect to resolve any controversy or claim arising out of or relating to these Terms of Use by binding arbitration in accordance with the rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated in Philadelphia, Pennsylvania on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  You and NYJB shall each pay an equal portion of the arbitration fees and costs.

20.    Notices.
Except as explicitly stated otherwise, any notices shall be given by email to nyjb@nyjournalofbooks.com (in the case of NYJB) or to the email address you provided to NYJB during your registration, or such other address as either party may specify.  Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable.  Such emails shall satisfy any legal requirement that communications be made in writing.

These Terms of Use were last updated on September 22, 2010