AUTHOR’S ATLAS TERMS OF SERVICE
March 21, 2015 version
This website located at www.authorsatlas.com (the “Website”) is provided solely to assist authorized Users in evaluating and identifying individuals and entities capable of providing specific publishing industry related services (such individuals and entities collectively, “Publishing Professionals”), posting opinions, reviews, and ratings related to Publishing Professionals, interactive discussions with other authorized Users, and for no other purpose whatsoever. The Website is offered by Author Rx, LLC, a North Carolina limited liability company, a provider of interactive computer services.
The following Terms of Service outline your obligations when using the Website and associated services. For the purposes of these Terms of Service, the terms “we”, “us”, “our” and “Author’s Atlas” refer to Author Rx, LLC and the terms “you” and “User” refer to the individual users visiting and/or contributing content to this Website.
ACCEPTANCE OF TERMS
This Website and the content contained within are offered to you conditioned upon your acceptance without modification of any and all the terms, conditions, and notices set forth below (collectively, the “Agreement”). BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE THEN-CURRENT VERSION OF THE AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE. It is your sole responsibility to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice with such changes being effective upon our posting such modified Agreement on this Website, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
CONDITIONS ASSOCIATED WITH YOUR USE OF THE WEBSITE
Your use of the Website is entirely conditioned on your warrant that (i) you unconditionally accept all of the terms of this Agreement, (ii) you unconditionally agree to not use the Website in any manner that is unlawful (inclusive of laws protecting third party’s rights [including the rights of publicity], contractual rights, intellectual property rights, and fiduciary rights), violates this Agreement, or serves a purpose not reasonably intended by this Agreement and/or Author’s Atlas, (iii) you acknowledge that all of the content and information on this Website and infrastructure supporting the same is proprietary to Author’s Atlas, (iv) all information supplied by you on the Website, including, without limitation, that information supplied as a part of your registration data as well as a part of any rating or review of a Publishing Professional, is true, accurate, represents your personal experiences, current and complete and you agree to update the same as facts and circumstances change, (v) you will not use this Website, including your own content, in any fashion to harass, threaten, intimidate, disclose the personal information of, impersonate, or attempt to impersonate, any other person, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review, rating or comment; (vi) if you have an account with the Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (vii) you are eighteen (18) years of age or older. Any use of the Website that does not comply with these conditions is prohibited and unauthorized. Use of the Website by Users younger than eighteen years old is prohibited. We retain the right at our sole discretion to deny access to anyone to the Website and its services, at any time and for any reason, including, but not limited to, for violation of this Agreement.
USE OF THE WEBSITE; PROHIBITED ACTIVITIES
Provided that you are not in violation of this Agreement, Author’s Atlas grants to Users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use for the User’s personal use the Website and its contents and/or contribute your own reviews and ratings and/or participate in interactive discussions with other authorized Users. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, deep-link, or otherwise exploit the Website or its contents, in whole or in part, except for your personal use without the express prior written consent of Author’s Atlas. Author’s Atlas may modify, update, suspend or discontinue the Website, in whole or in part, in its sole and absolute discretion for any or no reason, at any time and with or without notice. We shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
USER ACCOUNT REGISTRATION
Use of the Website is limited to registered Users. Author’s Atlas does not charge a membership fee in connection with registration. You will have the opportunity to set up your personalized user ID and password when registering for the Website. Your user ID and password are each unique to you and may only be used by you when accessing the Website. You are solely responsible for protecting your user ID and password and fully responsible for any activities that occur under your user ID and password. You may cancel your membership and account registration to the Website at any time in your sole and absolute discretion.
SUBMISSION OF YOUR REVIEWS AND RATINGS
Your use of the Website to submit your own contributed materials including, without limitation, reviews and/or ratings of Publishing Professionals, is entirely conditioned on your warrant that (i) your contributions, reviews and/or ratings are based on your own first-hand experience with the respective Publishing Professional being reviewed or rated, (ii) all of your contributions, reviews and/or ratings of Publishing Professionals will be fully truthful, complete, and based entirely on fact, (iii) you are not an employee of, do not have a fiduciary relationship with or do not stand to be a financial beneficiary from any of the Publishing Professionals that you are commenting on, reviewing and/or rating (including compensation for the submission of any contribution, review and/or rating), (iv) you are not related by blood, adoption, or marriage to any individual Publishing Professional that you are commenting on, reviewing and/or rating, (v) you consent to the inclusion of your name in direct connection with your contribution and/or review and acknowledge that your name will be viewable by all who view your contribution and/or review, (vi) you grant – and represent that you have the right to grant – to Author’s Atlas a perpetual royalty free, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display (including, without limitation, on the Website or in advertising for the Website), create derivative works from, incorporate your contributions, reviews and/or ratings into other works and freely acknowledge that this license cannot be terminated by you once your contributions, review and/or ratings are submitted to the Website, (vii) all materials used within your contribution and/or review and submitted through your account to the Website are your own original materials (or, in the alternative, that you have secured all legal rights necessary to submit the same to the Website, including, if appropriate, consents) and does not infringe on the rights, including intellectual property rights, of any third party, (viii) you are solely responsible for all contributions and/or reviews submitted through your account to the Website, (ix) Author’s Atlas, in its sole an absolute discretion, may elect to remove contributions, reviews and/or rankings submitted by you to the Website, (x) any review you submit of a Publishing Professional shall be thoughtful and thorough, (xi) you will not repeatedly post duplicative material, (xii) you will not submit any contributions and/or reviews that may be considered by Author’s Atlas to be unlawful, infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable, and (xiii) you will not submit into the Website any viruses, malware, corrupted data or other harmful, disruptive or destructive files. Please note that anonymous contributions and/or reviews will not be permitted on the Website. All contributions, reviews and ratings featured on the Website are user-generated content and do not reflect the views or opinions of Author’s Atlas, its officers, managers, owners, employees, agents or other users. Author’s Atlas does not claim ownership of any of the contributions, reviews and/or ratings provided by Users of the Website.
Your use of the Website in any manner that violates the aforementioned submissions requirements or this Agreement in any other fashion may, in the sole and absolute discretion of Author’s Atlas, result in the termination of your membership and rights to use and access the Website among any other remedy available at law.
DISCLAIMER REGARDING USER GENERATED CONTENT
Author’s Atlas both assumes no liability and takes no responsibility of any kind for any User generated contributions, reviews or ratings presented on the Website or for any loss or damage therefrom. Additionally, Author’s Atlas in no way guarantees the accuracy, integrity, quality or veracity of any User generated contributions, reviews or ratings presented on or through the Website. This Website is an interactive computer service provider serving as a passive conduit for the publication of User-generated contributions, reviews and ratings among other content generated by Professional Users (pursuant to the Author’s Atlas Publishing Professional Terms of Service) and, as such, all contributions, reviews and ratings presented on the Website are the sole and absolute responsibility of the individual Users who drafted and submitted the same. Since the Website does not generate the contributions, reviews of ratings listed therein, you agree that it is your sole responsibility to evaluate and make your own judgment concerning, and bear all risks associated with, the use of any User-submitted contributions, reviews and/or ratings of Publishing Professionals. Author’s Atlas is not liable for any mistakes, slander, libel, defamation, profanity, obscenity or any material that you may find offensive on the Website.
While Author’s Atlas has no obligation to screen, edit or monitor any of the User generated contributions, reviews and/or ratings posted to or distributed through the Website, Author’s Atlas retains the right to remove, screen, modify, or edit any User generated contributions, reviews and/or ratings posted to the Website at any time and for any reason without providing advance notice in its sole and absolute discretion. Users are solely responsible for creating backup copies of any content submitted to the Website by that particular User.
ADDING PUBLISHING PROFESSIONALS TO THE WEBSITE
During your use of the Website you may elect to add the name of a particular Publishing Professional to the Website’s overall database. You agree that you shall not include within your submission any personal information about the Publishing Professional other than that which is publicly available through commonly used resources.
DISCLOSURE AND RETENTION OF USER INFORMATION
Author’s Atlas may make any User’s identifiable information, account information and data submitted by that User (including contributions, reviews and ratings) available to our employees and any other third party who with whom we contract for the administration of your account. Additionally, Author’s Atlas may provide non-personally identifiable statistics, unique identifiers, demographic and other anonymous information about our Users to advertisers and other third parties. Your use of this Website represents your consent to all such uses by Author’s Atlas.
You acknowledge and consent to Author’s Atlas’ access, preservation and disclosure of your account information, any information you provide to Author’s Atlas, including, any reviews, ratings or other submissions. You understand and consent to Author Atlas’ access, preservation and disclosure of such information if it is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any User-generated content violates the rights of third parties; or (d) protect the rights, property or personal safety of Author’s Atlas, its users and/or the public.
DISCLAIMER OF LIABILITY
AUTHOR RX, LLC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ALL OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND DESCRIPTIONS OF ANY PUBLISHING PROFESSIONALS PUBLISHED ON THIS WEBSITE.
AUTHOR RX, LLC MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND DESCRIPTIONS OF ANY PUBLISHING PROFESSIONALS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY AUTHOR RX, LLC. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND DESCRIPTIONS OF ANY PUBLISHING PROFESSIONALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. AUTHOR RX, LLC DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTHOR RX, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND DESCRIPTIONS OF ANY PUBLISHING PROFESSIONALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.
Author’s Atlas has no control over and no duty to take any action regarding: the behavior of any other Users’ behavior; what effects reviews and/or ratings on the Website may have on you; how you may interpret or use any material presented on the Website; or what actions you may take as a result of having been exposed to any material presented on the Website.
The limitation of liability reflects the allocation of risk between you and Author Rx, LLC. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
NO ENDORSEMENT OF PUBLISHING PROFESSIONALS
Author’s Atlas does not endorse any of the Publishing Professionals listed within the Website. Since all reviews and/or ratings of any Publishing Professional listed on this Website are generated by Users, we do not claim responsibility for any information presented with reference to any particular Publishing Professional. Author’s Atlas shall not be liable, directly or indirectly, in any fashion for any damage or loss caused to you by or in connection with using any of the services provided by any Publishing Professional. It is your sole and absolute responsibility to conduct all appropriate investigations before hiring any Publishing Professional. Author’s Atlas makes no representation as to the availability of any particular Publishing Professional to be hired by you.
LINKS TO OTHER SITES ON THE WEB
This Website may contain hyperlinks to websites controlled and operated by third parties. Such hyperlinks are provided solely as a convenience to you and does not constitute an endorsement or approval of such third party website (or the content contained within the same) by Author’s Atlas. You assume all risk for use of any such third party website. It is your sole responsibility to review any and all policies and user agreements, including privacy policies, associated with all such third party websites. Author’s Atlas does not control and is not responsible for your use of or any of the goods or services provided by such third party websites.
We will make best commercial efforts to ensure that the Website is online and available for your use at all times. Despite these efforts, there may be times when the Website is unavailable for your use for any number of reasons including, without limitation, downtime, updates, or forces beyond our control. We apologize in advance for any inconvenience that this inability may cause for you. Author’s Atlas shall not be responsible for any delays, failures or other damage resulting from such lack of access or problems it may cause.
You agree to defend, indemnify and hold harmless Author’s Atlas and its officers, directors, managers, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party, including, without limitation, intentional or willful actions; (iii) your use of this Website; or (iv) any inaccurate or untruthful material that you submit, transmit or otherwise make available through the Website. Author’s Atlas shall have sole control of the defense of any such damage or claim.
All text, graphics, design, selection, and arrangement of information on this Website are protected by U.S. and international copyright laws – © 2014 Author Rx, LLC. All rights reserved.
Any unauthorized duplication, modification, or use of any material provided on this Website, whether protected by copyright or otherwise, of any kind is strictly prohibited.
By visiting or using this Website, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Author’s Atlas. You agree to commence or prosecute any action in connection therewith only in a state or federal court located within Guilford County, North Carolina. You waive any objection to jurisdiction of the North Carolina state or federal courts for resolution of any dispute that may arise.
The information on this Website is for information purposes only and is not intended as professional advice of any kind.
“Author’s Atlas” and the affiliated logo device are trademarks of Author Rx, LLC. Any unauthorized use of these trademarks, or other trademarks owned by Author Rx, LLC, is strictly prohibited.
All other logos and product and company names mentioned herein may be the trademarks of their respective owners.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Author’s Atlas as a result of this Agreement or use of this Website.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Author’s Atlas with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and Author’s Atlas with respect to this Website.
PROCESS FOR REMOVAL OF UNAUTHORIZED COPYRIGHTED MATERIAL
If you believe your copyright-protected work was posted on the Website without your authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Author’s Atlas will promptly process and investigate notices of alleged intellectual property infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You must submit all notices of infringement in writing. Such notices should be sent to firstname.lastname@example.org with the subject line “ALLEGED DMCA VIOLATION”. Such notices shall contain all of the following: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a detailed description of where the material that you claim is infringing is located or found on the Sites and Services; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. For additional information, consult the Digital Millennium Copyright Act.
If material you posted to the Website has been removed and you feel that such material does not constitute infringement, you may provide us with a counter notification in writing to email@example.com with the subject line “DMCA COUNTER NOTIFICATION”. Your counter-notification must contain all materials required pursuant to the Digital Millennium Copyright Act. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.
QUESTION? CONTACT US!
For answers to your questions or ways to contact us, feel free to write to us at:
Author Rx, LLC
P.O. Box 932
Taylorsville, NC 28681
Please note that while Author’s Atlas appreciates your feedback regarding the Website, we do not accept creative suggestions, materials, or ideas concerning the Website. If you do submit your creative ideas, materials or suggestions, they will become the property of Author’s Atlas and we shall have no obligation to act on the same.