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© 2019 PublishersLink.

Terms of Service

 

TABLE OF CONTENTS

 

Overview

 

SECTION 1: Eligibility

SECTION 2: General Conditions

SECTION 3: Accuracy, Completeness and Timeliness of Information

SECTION 4: Payment for Services

SECTION 5: Terms Specific to Writer Accounts

SECTION 6: Terms Specific to Reviewer Accounts

SECTION 7: Third-Party Links

SECTION 8: User Comments, Feedback and Other Submissions

SECTION 9: Personal Information

SECTION 10: Errors, Inaccuracies and Omissions

SECTION 11: Prohibited Uses

SECTION 12: Disclaimer of Warranties; Limitation of Liability

SECTION 13: Indemnification

SECTION 14: Severability

SECTION 15: Termination

SECTION 16: Entire Agreement

SECTION 17: Governing Law

SECTION 18: Changes to Terms of Service

SECTION 19: Contact Information

 

OVERVIEW

 

Welcome to the PublishersLink websites and online services. Throughout the site, the terms “we”, “us” and “our” refer to PublishersLink. PublishersLink offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

PublishersLink has different types of Users (e.g. writers, agents, publishers) and “you” in this Agreement refers to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

PublishersLink is not a publishing company, literary agency, or any other form of agency for representing writers and we do not make any specific solicitation to any third parties regarding any intellectual properties stored in the PublishersLink Submissions Database (“Database”) that are scouted by publishers or publishing agents.

 

By visiting our site and/ or using our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Certain provisions of these Terms are specific to certain Users. In addition to the other provisions of this Agreement, please review the terms of Section 5 if you are using the Database Service as a Writer. If you are using the Database Service as a publisher or agent, please review the terms of Section 6.

 

Any new features or tools which are added by us shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ELIGIBILITY

 

By agreeing to these Terms of Service, you represent that (a) you are at least the age of majority in your state or province of residence, or (b) that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in a suspension or termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

We reserve the right to refuse Service to anyone for any reason at any time. You are solely responsible for your interactions with other Users of our Services. We reserve the right, but have no obligation to resolve disputes between you and other Users. If there is a dispute between users on this site, or between users and any third party, you release PublishersLink, its officers, employees, agents, and successors from claims, demands and damage of every kind of nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – PAYMENT FOR SERVICES

 

Certain products or services may be provided at a cost. If you opt to use our paid services, you agree to the pricing and payment terms and understand that we may update descriptions, pricing, and payment terms at any time without notice at our sole discretion. We reserve the right to modify or discontinue any product or service offering (or any part or content thereof) without notice at any time. We reserve the right, but are not obligated, to limit the use of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

You may cancel your use of our services at any time; however, there are no refunds for cancellation of our paid services. In the event that we suspend or terminate your account for your breach of our Terms, you understand and agree that you will not receive a refund for any unused time on a subscription, or for anything else. We reserve the right to terminate, suspend or otherwise limit your account, without your consent, prior notice or explanation and without liability. You may terminate or suspend your account at any time for any reason.

 

SECTION 5 – TERMS SPECIFIC TO WRITER ACCOUNTS

 

The provisions of Section 5 of this Agreement are specific to Writers uploading submissions (“Content”) using the Database Service.

 

You acknowledge you will be submitting certain original materials with the intent of exposure and submission to publishing industry agents and representatives by use of our Database Service. You acknowledge that you are responsible for seeking copyright protection for your work.

 

As a Writer, you can withdraw your submission(s) at any time throughout the duration of your subscription. When a submission is uploaded to the Database it will be accessible by all publisher and agent account holders therefore you should ensure that your submission only contains information you are comfortable sharing. The contact information you provide (e.g. name, e-mail address) will be shared with our publisher and agent partners and will be used to contact you if they are interested in publishing your work. If you are represented by an agent, the contact information of your agent representative should be used in place of your own.

 

By agreeing to these Terms of Service, you represent that:

(a) You have provided us with your real name and a valid email address on your submission form;

(b) Your Content is an original work created by you;

(c) You own the copyright in your Content;

(d) Your Content does not contain any express or implied statements of fact that are untrue, false, or misleading;

(e) Your Content does not infringe the copyrights, trademarks or other rights of any third party; (f) Your Content does not contain any viruses, worms, malware or other harmful code or destructive material;

(g) Your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material;

(h) You will ensure your account is not shared with or sold to any another individual; and

(i) You will promptly notify PublishersLink of any suspected violation of this Agreement including unauthorized use of your account, or any other security breach.

 

If your Content does not meet the above noted conditions PublishersLink shall not be liable to you for use of such material under the laws of Intellectual Property Rights. We are not liable for any losses caused by unauthorized use of your account.

 

i) Exclusivity

 

PublishersLink has no obligation to you with regard to your work being published by any third party, and negotiations involved with any third party will be done so by yourself, or by a representative of your choice with that third party. Nothing is confidential or exclusive concerning the submission of your Content to PublishersLink, you have the right to send or sell the work you submit to us to other companies or publishers.

 

Our Service assists publishing companies and literary agents in scouting new projects in the Database by their own free will with subjective determination and it is one of many sources used to scout new projects. There is no guarantee a publisher or agent will choose to review your submission(s) and each publisher or agent may reject, or choose not to review your submission for any reason.

 

We take zero compensation for any project published as the result of the use of our services and we do not represent you as an individual, or any of your submissions in any capacity. We will not be held liable for any agreement entered into between a User and any other third party entity.

 

ii) Material Release

 

We are not responsible for preserving or returning all or any portion of your submission(s) to you, nor are we liable for retaining any data or activity records beyond your subscription term. You are responsible for ensuring you retain at least one copy of your submission(s) and hereby release PublishersLink from any and all liability for loss of or damage to copies of the materials you submit. You understand any compensation for your submission(s) will be provided by the reviewing third party and that you have no expectation of receiving any compensation from us.

 

You understand members of the publishing industry retain the right to publish works of a similar theme, subject, format, or nature, and any request to review your submission(s) does not suggest or imply any agreement or obligation with respect to your Content.

 

iii) Submission Status

 

Acceptance of a submission is at the discretion of reviewing publishing representatives and agents. If a submission is not selected by one User, it can still be queried by other Users. Submission status markings are not shared between independent account holders.

 

We have no control or obligation to any submission selection by publishers and agents. Writers will be contacted if a publisher or agent is interested in further reviewing their work, or negotiating a contract.

iv) Freelance Contracts

You are liable for any contract you enter into with any third-party regarding the sale of your freelance work. If the contract does not give you the right to resell your submission you are responsible for withdrawing it from the Database as soon as feasible following the sale. We will not be held liable for any breach of contract between you and any other third party entity.

v) Right to Publicity and Promotion

 

We retain the right to publicize and promote any partnership, agreement, option, sale, development deal, acquisition, either formal or informal that you attain as a result of submitting your Content to PublishersLink. We also retain the right to disclose the identities or parties involved for use in promoting the interests and brand of PublishersLink as an entity by use of any and all forms of media whether now known or hereafter devised.

vi) Agreement to Terms

 

You understand that by submitting your Content to our Database you are legally entering into and bound by this Agreement. You confirm you have reviewed, understand and agree to the Terms of Service and that the terms and conditions of such shall govern your use of PublishersLink.com and/or any of the Service provided by PublishersLink.com, including but not limited to: (a) any submission by me as a Writer; or (b) any review of the materials of others contained herein. Failure to adhere to the terms will result in the suspension or termination of your account.

 

SECTION 6 – TERMS SPECIFIC TO REVIEWER ACCOUNTS

 

The provisions of Section 6 of this Agreement are specific to Publisher and Agent “Reviewers” using the Database Service.

 

By registering an account with PublishersLink you are confirming you are a current representative of the Company name you have registered and that you have the right to source and scout new material as a representative of the Company. We do not authorize accounts for vanity publishers, or any company who charges the writer a fee to publish their work.

 

You acknowledge that as a publishing industry representative you will be granted access to written submissions created by third party entities (the “Writers”) and details pertaining to their work and that such material that qualifies as an intellectual property will be proprietary and confidential information that belongs solely to the Writer.

 

If you register an account to access the Database, you represent that:

  1. You will only use the Database to seek Writers or potential clients;

  2. You will not disclose, utilize or otherwise exploit any of the submissions for any other purpose;

  3. You will not use Writer’s contact information to send unsolicited promotions and/or advertising of your Company’s, or of a third-party’s products or services;

  4. You will use adequate measures to protect the data within the Database from unauthorized access, release, modification or destruction;

  5. You will ensure your account is not shared with or sold to any another individual;

  6. You will promptly notify PublishersLink of any suspected violation of this Agreement including unauthorized use of your account, or any other security breach; and

  7. You will not use the Database in a way that negatively affects the interests and brand of PublishersLink, or interferes with the ability of others to access our Services.

 

You acknowledge PublishersLink does not have control over the quality, or legality of the Content submitted to our Database and has no obligation to screen the Content, or any other type of information. You may be exposed to Content that is unsuited to your purposes, and you agree that PublishersLink shall not be liable for any damages you allege to incur as a result of access to this Content.

 

Any discussions between your Company and a Writer with respect to the submission shall not constitute any agreement, express or implied, as to any partnership with the Writer or any other involvement with the submission until a bona-fide written agreement is executed by both parties. You accept that it is the Writer’s prerogative to reject a publishing contract for any reason and PublishersLink is not liable to you or any third party if a contract with a Writer is not established. We disclaim all liability for Writers and their actions.

i) Submission Status

 

If you are interested in publishing a submission it is your Company’s sole responsibility and discretion to contact the Writer. Submission status selections or bookmarks are at the sole discretion of the publisher’s representative or agent using the Database.

 

ii) Right to Publicity and Promotion

 

PublishersLink retains the right to publish your Company name and website address in the advertising of our services to disclose your use of the Database. The official name of the Company and website address is automatically listed within the publication of our website for view by potential Users of the site. You understand this information will be published to the web and potentially indexed by search engines.

We also retain the right to publicize and promote any partnership, agreement, option, sale, development deal, acquisition, either formal or informal with any Writer that you attain as a result of your use of our Database by use of any and all forms of media whether now known or hereafter devised.

 

iii) Agreement to Terms

 

You understand that by registering an account with PublishersLink you have read and understood and agree to the terms of this Agreement. Failure to adhere to the terms will result in the suspension or termination of your account.

 

SECTION 7 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Services may include materials from third-parties. Links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. If you access a third party website or use a third party service, you do so at your own risk and you understand our Terms of Service and Privacy Policy do not apply to your use of third-party sites or services. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

 

Your submission of personal information to us is governed by our Privacy Policy. By using our Service you agree to have your personal information collected, used, transferred and processed pursuant to the conditions specified in our Privacy Policy.

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service and product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscriptions if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. You will be solely responsible for any damage or loss of data to your computer system that results from your use of our services.

In no case shall PublishersLink, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Your sole and exclusive remedy for dissatisfaction with PublishersLink is to stop using our services.

SECTION 13 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless PublishersLink and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of any law or the rights of a third-party; (c) your use of our Services, including any data transmitted or received by you; (d) any damages that result from any data transmitted or received by you; or (e) any third party’s access to our services with your account.

SECTION 14 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof) with no refund.

 

SECTION 16 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 17 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.

 

SECTION 18 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 19 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@submission.publisherslink.com.