PARRAGON, INC. (and PARRAGON BOOKS LIMITED)
1. RESTRICTIONS ON USE OF WEBSITE
(b) If you have any questions about this Agreement or wish to contact us by e-mail please use one of the following addresses, depending on your location:
UK and Eire: firstname.lastname@example.org
North America and users from other locations accessing this Site: email@example.com
(c) For users in some locations some of the terms of this Agreement may be varied. If a different, varied or additional term applies for users in a particular location that will be identified with the following text: "For users in [location] the following term applies…".
(e) Parragon is not responsible for material submitted or posted on the Site including, but not limited to, materials posted on any bulletin boards, forums, blogs or other public areas of the Site, as applicable. You acknowledge that we have no obligation to screen, edit or review postings to the Site, and the ideas, information or other materials so posted do not necessarily reflect the views of Parragon and are the responsibility of the users who post them. Parragon does not accept the submission of unsolicited manuscripts via this Site, nor do we accept responsibility for any such submissions.
(f) If any provision of this Agreement is deemed unlawful, void or unenforceable, whether in whole or in part, the remaining provisions hereof shall continue in full force and effect.
(g) While using the Site, you may not post, transmit or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyrights or any other rights of others, or damaging to software or hardware. You may not advertise or solicit on the Site without our express written consent. We reserve the right to monitor any postings and remove any which we consider, in our sole discretion, to be offensive or otherwise in breach of any of the provisions of this Agreement.
(h) We reserve the right to (or not to) review, edit or delete any material that we deem to be inappropriate or in violation of the any of the provisions of this Agreement and to deny access to the Site to anyone who violates this Agreement. NOTWITHSTANDING THE ABOVE, PARRAGON EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE SITE OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF OTHER THAN AS SET OUT UNDER IN PARAGRAPH 2.
(i) If you believe that any material on the Site breaches this Agreement or otherwise infringes any of your rights, please notify us by e-mail to firstname.lastname@example.org.
2. LIMITATION OF LIABILITY
PARRAGON WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS SITE, WHICH IS PROVIDED "AS IS." PARRAGON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARRAGON DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE VIRUS-FREE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PARRAGON BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN WHETHER SUCH DAMAGES OR EXPENSES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARRAGON RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SITE.
For users in the UK the following term applies: Notwithstanding the text in the previous paragraph, we do not exclude or limit our liability for: (a) death or personal injury arising from our negligence; (b) our liability for fraudulent misrepresentation; (c) breach of terms in contracts implied by various laws, including the Supply of Goods and Services Act 1982. For any other liability we have to you arising out of or in connection with this Agreement our total aggregate liability will be £50.00 (fifty pounds sterling).
You agree to defend, indemnify and hold Parragon and its employees, officers, directors and shareholders, as well as its parent , subsidiaries, affiliates and agents (and their respective employees, officers, directors and shareholders) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or arising out of your use of this Site including, but not limited to, Communications you submit on this Site. Technology, hosting and other services for aspects of this Site may be provided by Parragon's service providers. By participating in this Site you also agree to defend, indemnify and hold Parragon's service providers harmless on all matters related to your participation with this Site and interaction with others using it.
For users in the UK the following term applies instead of the previous paragraph: If you access the Site from the UK the indemnity set out above does not apply. Instead, you agree that if you breach this Agreement or if a third party brings legal action against us based on your use of this Site in breach of this Agreement or any other unlawful action committed by you then you will be liable to us for all losses and damages we suffer as a result.
4. LICENSE TO PARRAGON
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with Parragon via the Site (each a "Communication"), you are granting Parragon (and its successors and assigns) a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication including, but not limited to, rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction. For the avoidance of doubt, we do not guarantee any confidentiality with respect to any Communication. With respect to any Communication you make, you warrant and represent that: (i) you own the necessary licenses, rights, consents and permissions with respect thereto to enable inclusion and use of the Communication in the manner contemplated by the Site and this Agreement; (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the Communication to use the name or likeness of each and every such person to enable inclusion and use of the Communication in the manner contemplated by the Site and this Agreement and (iii) any Communication you submit does not infringe or violate the rights of any third-party. You also grant each user of the Site a non-exclusive license to access your Communication through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform the Communication as permitted through the functionality of the Site and under this Agreement. We and/or our service providers may maintain copies of any Communication.
5. LINKS TO OTHER WEBSITES
This Site may contain links to websites that are run and maintained by third parties. Parragon is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any such third party. This Agreement applies solely to this Site and you should always review the terms and conditions of any other website that you access through a link from this Site.
6. CONTENT OF SITE
Unless otherwise indicated, as between you and Parragon, all content appearing on this Site is the property of Parragon and is protected, without limitation, by U.S. and/or foreign copyright and trademark laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without written permission from Parragon. If you access this material outside the U.S., you are responsible for compliance with local laws.
7. COPYRIGHT AND INTELLECTUAL PROPERTY
Parragon complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated agent:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii)a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) 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
(vi) 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 behalf of the copyright or intellectual property owner.
Parragon's designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Attn: Wendy Friedman
440 Park Avenue South
New York, NY 10016
By phone: (212) 629-9773; by fax: (212) 629-9756
By email: email@example.com
Upon receipt of proper notification, Parragon will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.
In addition (and without limitation) to any other remedies provided to Parragon under this Agreement, Parragon or Parragon’s service providers may terminate your access to the Site if you are determined to be a ‘repeat infringer/violator’ of the terms hereof. A repeat infringer/violator of the terms hereof is anyone who has been notified of infringing activity more than once and/or has had any Communication removed from the Site more than twice. If you believe that a user of this Site has committed copyright, trademark or other infringement, please contact Parragon's Copyright Agent as described above and provide relevant documentation.
9. GOVERNED BY U.S AND NEW YORK LAW AND JURISDICTION
This Site is hosted and operated in the United States and is governed by, and operated in accordance with, the laws of the United States or the State of New York, as applicable, without giving effect to the principles of conflicts of law. Parragon makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. By using this Site and/or providing us with your Personal Information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than New York, and you agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts located in New York County, NY.
For users in the UK the following term applies instead of the previous paragraph: If you are located in the UK you acknowledge that your use of the Site is subject to English law and you are entitled to bring any claim under or in connection with this agreement in your local courts. If you do not understand what any of the provisions in this Agreement mean, we advise you to obtain independent legal advice.
LAST UPDATED: May, 2012