LEGAL NOTICE
AUTHORLINK® WRITERS & READERS MAGAZINE
PARTICIPATION AGREEMENT
(Also see Privacy and Terms of Use for Authorlink® Books N’ Flix site)
Welcome to Authorlink.com (the “Site”) and our digital self-publishing, advertising, distribution, and display services (“services”). BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND BY ALL POLICIES AND GUIDELINES OF THE SITE.
Authorlink® reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Changes to referenced policies and guidelines may be posted without notice to you. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING AUTHORLINK’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register for a subscription or service, you must provide your real name, address, phone number, e-mail address, and valid credit card information. The be a contributor to the site, you will need to open an account with us using an ID and password. You represent and warrant that you have all required right, power, and authority to enter into this Participation Agreement and perform your obligations hereunder.
2. Participant’s Listing Fees and Payment Terms. Please review the Terms and Fees stated in US Dollars during the sign-up process for each paid service. The Fee Schedule and Payment Terms may vary in the future. You should check the fees and terms often for any changes. All fees, including but not limited to subscription plan fees, are payable upon demand on a Visa, MasterCard, American Express, or via Paypal. By listing an item for display or sale on the Site, you authorize Authorlink to charge your credit card for amounts due. Fees for Digital Publishing Services are offered by a written individual price quote, furnished to the client via e-mail.
3. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines contained in the particular paid Services and Advertising sections, and/or in the Digital Publishing Services Agreement where applicable. The procedures and guidelines in the paid Services and Advertising sections and in the Digital Publishing Services Agreement explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes are effective immediately upon posting without notice to you. You should regularly refer to the paid Services, Advertising, and Digital Publishing Services sections to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale, representation, or display are allowed on the Site. For each item you list on the Site, you will provide to us the state or country from which the item is for sale. You will provide to us any requested information regarding your content, and we may make any of this information publicly available.
4. Authorlink’s Role. Authorlink Publishers Market, paid Indie Review and Galley Service provide a platform for third-party sellers (“Sellers”), Participants (“Participants”) and buyers (“Buyers”) to become connected with each other. Authorlink is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either for any purpose. As a Participant or Seller, you may list any content on the Site unless it is a prohibited item as defined in the procedures and guidelines or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller/Participant to accurately describe the content for sale or display. As a Seller/Participant, you use the Site and the Services at your own risk. Authorlink’s roles in Services are defined in those respective sections.
5. PREMIUM SERVICES ACCOUNT TYPES. To DISPLAY CONTENT IN IN AUTHORLINK PUBLISHERS MARKET OR INDIE BOOK REVIEW AND GALLEY SERVICES REQUIRES A MEMBERSHIP ACCOUNT. To obtain a Critique requires a CRITIQUE SERVICES purchase. You can submit a post for possible publication in our RANTS & REVELATIONS section at no charge. If you enter your submission in our Rants & Revelations Contest, a small fee will be required. See the guidelines in the Rants & Revelations section.
6. REFUSAL OF SERVICE. We reserve the right to refuse service to anyone for any reason without explanation. All credit card transactions for services are subject to validation.
7. TERMINATION OF SERVICES. A Participant may terminate his or her participation in a paid Service at any time by logging in to his/her MY ACCOUNT and clicking the appropriate fields. The system will notify Authorlink, and we will manually remove your content from public display within ten working days of the date of cancellation. However, cancellation of a Publishers Market or Indie Reviews listing is non-cancelable for the first four months of service from the date of sign-up. Accounts canceled before this period will continue to be billed until the four-month obligation has been satisfied. For the Critique Service, and/or for the Sponsored Indie Book Reviews service, submission of an application form is a commitment for your manuscript to be critiqued, or reviewed and is non-refundable. IMPORTANT! If you used PAYPAL to purchase a service, you MUST log in to Paypal and cancel payment, or email dbooth@authorlink.com to request we manually remove your Paypal recurring billing. Failure to do so may cause your account to continue to be charged. We are under no obligation to return overpayments due to a client’s failure to cancel payment. If you used a credit card, the system will notify Authorlink and we will manually terminate the recurring payments. For DIGITAL PUBLISHING SERVICES termination, refer to the separate Digital Publishing Services Agreement.
8. Revisions and refunds for Listings.
To revise your Publishers Market or Indie Reviews content, simply log in to your account and make the necessary changes. If you have exceeded allowable revision limits, you can contact Authorlink at support@authorlink.com and request additional revisions. We’ll update your account to allow the number of revisions you request. For current revision fees, please refer to the SERVICE section in which you wish to make a change and navigate to the general terms and conditions for each type of subscription. For CRITIQUE SERVICE or SPONSORED BOOK REVIEW, submission of your document is a commitment to the Critique or SPONSORED REVIEW. A SPONSORED REVIEW can be displayed publically or remain private, your choice after you review a draft of your review. The fee is non-refundable. Modifications made by you after you have submitted your manuscript for critique will require a prepaid additional fee to be charged immediately to your credit card. All revision fees are due immediately at the time of service. A delay of several days may occur on transactions that are handled manually by Authorlink. Authorlink reserves the right to determine if a refund is due to a client and to process any amount due promptly. For DIGITAL PUBLISHING SERVICES revisions, refer to the separate Digital Publishing Services Agreement.
9. Authorlink Reservation of Rights. Authorlink retains the right to determine the content, appearance, design, functionality, and all other aspects of the Site and the Services (including the right to re-design, modify, remove, and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend the listing of, or to refuse to list, or to de-list, or to require Participant not to list, any or all content in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict, stop, and/or cancel any of your transactions.
10. Your Obligation. By entering into this Participation Agreement and posting or submitting content, you agree to complete the transaction as described by this Participation Agreement.
11. Participant Taxes. The Participant will be charged taxes wherever they may apply, in addition to membership and services fees.
Authorlink is not obligated to determine whether Participant Taxes apply to any content advertised or displayed on the Site, and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Authorlink expressly agrees to collect taxes or other transaction-based charges in connection with a collection service made available by Authorlink and used by Participant. “Participant Taxes” means any and all sales, goods and services, use, excise, import, export, value-added, consumption, and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
12. Password Security. Your password may be used only to access the Site, use the Services, and review your account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password. Indie Reviews members who participate in our Galley Service will be issued a separate password to provide to reviewers of their choice. You are solely responsible for keeping your Galley password confidential and secure and preventing unauthorized access to your account. You are fully responsible for all activities that occur within your account.
13. Illegal Activity
a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Authorlink will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
b. Monitoring and Investigation. Authorlink has the right, but not the obligation, to monitor any activity and content associated with this Site and to investigate as we deem appropriate. Authorlink also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings or content. Authorlink reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
c. Information Disclosure. Authorlink also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Authorlink’s systems and customers, or to ensure the integrity and operation of Authorlink’s business and systems, Authorlink may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
14. Privacy; Use of Information.
Privacy and Security. The Participant acknowledges that all security technology is subject to possible illegal or unauthorized use. Authorlink assumes no responsibility for any breaches of such security. If a Participant’s content has been subject to repeated breaches, at the Participant’s request, Authorlink will discontinue offering the content. Even after the removal of the content, the Participant acknowledges that content could have been cached without authority by others, and Authorlink has no control or responsibility for such illegal use.
15. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. AUTHORLINK MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PARTICIPANTS, AVAILABLE FOR SALE AT THE TIME, LAWFUL TO SELL, OR THAT USERS OF THE SITE WILL PERFORM LAWFULLY;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AUTHORLINK.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUTHORLINK DISCLAIMS ANY AND ALL SUCH WARRANTIES.
f. WARRANTY, SECURITY, AND LIABILITY LIMITS FOR UPLOADED CONTENT. By uploading your content to the Authorlink website, you acknowledge and agree to these terms. You warrant that you are the legal owner or licensee of the content and you indemnify Authorlink against any liability. Authorlink does not warrant the security of any PDF files submitted to our website and is not responsible for unauthorized use or access to your file. Our file access system provides a layer of file security. But if you participate in our DIGITAL GALLEY program via an INDIE REVIEW membership, you are responsible for adding the security options you want (such as the inability to print or change the file) to your PDF or EPUB file BEFORE you submit the work to Authorlink. We do not offer digital rights management for EPUB files. In no event will Authorlink be liable for any loss of data, profits, or any other damages. We will not be responsible for piracy or theft of your e-book or any other claims of ownership. When you upload your book to INDIE BOOK REVIEWS, you are the only person who can give a special system-generated security code to a book reviewer. Please do not share this code with anyone other than book reviewers of your choice. If you have technical questions, please contact our technical support department.
16. General Release. BECAUSE AUTHORLINK IS NOT INVOLVED IN TRANSACTIONS BETWEEN PARTICIPANTS AND BUYERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AUTHORLINK (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
17. Indemnity/Liability.
a. Indemnity and Defense. You will defend, indemnify and hold harmless Authorlink and its affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Participant Taxes. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
Authorlink makes every effort to operate on the highest professional standards. However, total liability is limited to the dollar amount of the fee for service. We do not accept liability for direct or indirect loss or damage of any nature, including, but not limited to, typographical errors or copyright infringements. Because of the open nature of the Internet, there is a potential for text from this site to be cached or copied by third parties without our permission, knowledge, or control. By applying for the service, the author and/or agent attests that he or she owns legal rights to the material and indemnifies Authorlink from all legal liability.
AUTHORLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND BEYOND THE ACTUAL COST OF THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
18. Applicable Law. The laws of the state of Texas govern this Participation Agreement and all of its terms and conditions. Any dispute with Authorlink or its affiliates relating in any way to these terms and conditions or your use of the Services which cannot be resolved shall be adjudicated in any state or federal court in Dallas County, Texas, and you consent to exclusive jurisdiction and venue of such courts.
19. Disputes. Because Authorlink is not the agent of either Participant or Buyer for any purpose, Authorlink will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction. Authorlink urges Participants and Buyers to cooperate with each other to resolve such disputes.
20. Your Grant. By entering into this Participation Agreement and listing your content, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Authorlink and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services); provided further, however, that nothing in this Participation Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Authorlink and its affiliates and that the use of such materials by Authorlink and its affiliates will not infringe upon or violate the rights of any third party.
21. Termination of Participation. Authorlink, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. Authorlink, in its sole discretion, also may prohibit any Participant from listing content. If we terminate your account, you may not establish a new account.
22. General Provisions
a. Entire Agreement. This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Conditions of Use, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. Authorlink is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Authorlink, you, and relying on users.
c. Severability. If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Authorlink’s failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of Authorlink’s right to subsequently enforce such provision or any other provisions of this Participation Agreement.
By participating in the Authorlink website and its services you acknowledge and accept the above legal policies and all terms and conditions of service described in the policies set forth on the Authorlink® website.
