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Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on September 13, 2011
This Terms of Use Agreement sets forth the standards of use of the PubMatch.com Online Service. By using the PubMatch.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at PubMatch.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
PubMatch.com is providing Member with social/professional networking within the publishing industry. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by PubMatch.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PubMatch.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PubMatch.com shall have no liability for any interruptions in the use of this Website. PubMatch.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
PUBMATCH.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PUBMATCH.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PUBMATCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold PubMatch.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
PubMatch.com reserves the right to modify or discontinue the Service with or without notice to the Member. PubMatch.com shall not be liable to Member or any third party should PubMatch.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PubMatch.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
7. Governing Jurisdiction of the Courts of New York
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information [Optional clause]
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PubMatch.com or the owner of material posted on any profile is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PubMatch.com.
All material included on, or connected to, any profile is the property of the creator of the profile. No material, including images, documents, manuscripts, etc., though available for viewing, can be copied, distributed, or otherwise reproduced without permission of the owner. PubMatch.com is NOT the owner of these materials and therefore cannot provide permission for their use. Likewise, users of PubMatch.com cannot hold PubMatch.com responsible for improper use of their materials if posted on PubMatch.com. PubMatch.com assumes no responsibility for the additional protection of any creator or company owned material aside that outlined in the Privacy Policy.
Any connections made via PubMatch.com, and the details contained within any legal contracts created via connections made on PubMatch.com remain the concern of the parties involved. PubMatch.com does not offer contract advice, nor should messages passed via PubMatch.com be considered binding legal contracts until reviewed by legal counsel by each party involved. Contracts considered via PubMatch.com should be signed and completed in person.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PubMatch.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
277 White Street
Buchanan, NY 10511
By Telephone: 914-739-7500
By Email: info@pubmatch.com
11. Botnets
PubMatch.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PubMatch.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PubMatch.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
13. Payment Terms
PubMatch.com is a subscription service, and as such, full access to PubMatch.com features are not available until full payment for a given term, as described during the registration process, is received. Payment terms include full year or on a monthly basis. Payments are made automatically once the user has a) indicated for payments to start, or b) the trial period has concluded. Annual charges will be assessed repeatedly every 365 after the previous payment; monthly charges will be assessed every thirty (30) days after the previous payment.
14. Cancellation Polity
It is the responsibility of the paying party to notify Pubmatch that they wish to terminate their membership and cancel future charges. All cancellations must be received at least 48 business hours prior to the charging of the next term. Cancellations must be received in writing via e-mail (cancel@pubmatch.com), fax (1-914-739-7575) or by U.S Mail (277 White Street, Buchanan, NY 10511 USA). No refunds will be made for requests received after that time. Refunds will be issued in the same form payment was made. Please allow two weeks for processing of refund. The cancelling party will be removed from PubMatch.com immediately upon the receiving of the cancellation request.
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2012 Pubmatch.com. All rights reserved