Terms of Use
Effective Date of Terms of Use: June 15, 2015
These Terms of Use apply to the Author Portal website (the “Site”) only. PENGUIN RANDOM HOUSE LLC (“PRH”, “WE”, “US”, OR “OUR”) RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of the Site. This agreement, together with all updates, supplements, additional terms, and all of PRH’s rules and policies collectively constitute and shall be referred to as the “Agreement” between you and PRH. BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE.
In addition, please note that your use of other websites or online services operated by PRH or its affiliates is governed by their respective Terms of Use. If you link to any of those websites or services from this Site (e.g., to purchase discounted PRH books), please take a moment to review their Terms of Use.
Copyright and Ownership
The Site is owned and operated by PRH and its affiliates and vendors. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (collectively, the “Content”), is owned by PRH, its licensors, vendors and/or its content providers. All elements of the Site, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used its intended purpose. You are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. Except as may be otherwise indicated in specific documents within the Site, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. As a registered user of the Site, you may be given access to Content that is not available without registering on the Site, such as sales and royalties information about your books published by us. You agree to use best efforts to safeguard such Content and protect it from unauthorized use or access.
Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site, the Content and all related rights shall remain the exclusive property of PRH and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
Site Access License
PRH grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Site or its Content and not to download (other than page caching or unless otherwise allowed by PRH or permitted by law) or modify all or any portion of the Site and its Content. This license does not include any re-sale or commercial use of the Site or its Content; any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site or its Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without PRH’s express prior written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of PRH or its content providers without express prior written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Corporate Identification & Trademarks
All of our trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of PRH or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way without PRH’s express prior written consent.
Links to Third Parties & No Endorsement
The Site may contain links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by PRH of, or any affiliation with, or endorsement by, the owner of the linked site. PRH is not responsible for the contents or use of any linked site, or any consequence of making the link. The Site may also provide you with the ability to interact with third party social media services, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, YouTube, and other social media services (e.g., when you click on another user’s social media handle to “follow” them). These features may enable integration and/or access to your social media accounts. These third party services are unrelated to the Site, and your use of such third party services is subject to the terms and policies of those services.
You shall not use PRH’s name or any language, pictures or symbols which could, in PRH’s judgment, imply PRH’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Privacy Policy
Data collection and use, including data collection and use of personal information is governed by PRH’s Privacy Policy which is incorporated into and is a part of this Agreement.
Account Registration and Security
To register for access to the Site, you must establish an account on the Site. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PRH has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PRH has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, including any use of the Content on the Site. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Site. We have the right to provide account and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
Termination
PRH may suspend or terminate any user’s access to the Site, without notice, for any reason in PRH’s sole discretion, including without limitation PRH’s belief that such access would violate any applicable law or would be harmful to the interests of PRH or another user. Upon termination, you will lose access to the Site and all Content thereon. The obligations that you have to PRH under these Terms of Use will continue even after we suspend or terminate your access to the Site.
Disclaimer & Limitation of Liability
Your use of and browsing of the Site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PRH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. PRH DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PRH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL PRH OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRH SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM PRH’S SITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PRH’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL PRH OR ANY AFFILIATED PRH ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PRH OR A PRH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRH’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITE AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITE OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Indemnification
You agree to defend, indemnify and hold PRH, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Site or the Internet or the placement or transmission of any message or information on the Site by you.
You are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
Force Majeure
Neither PRH nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
The Site is created and controlled by PRH in the State of New York, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the State of New York. By using the Site, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the use of the Site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. PRH’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Entire Agreement
This Agreement is the entire agreement between the user and PRH and supersedes any prior understandings or agreements (written or oral).
Contact Information
If you have any questions about this Terms of Use, you may contact us as follows:
By mail:
Author Portal Terms of Use
Attn: Customer Service
Penguin Random House
1745 Broadway
New York, NY 10019
Phone:
(800) 793-2665