RESTRICTIONS
ON USE OF WEBSITE
This website is owned and operated by Penguin Group (USA) Inc. (“PGI”).
By accessing or using this site, you agree to be bound by and comply with
these Terms of Use. If you do not agree with these Terms of Use, please
do not use this site. PGI reserves the right, at its own discretion, to
update and modify these Terms of Use at any time and by using this site
you agree to be bound by and comply with these modifications.
USE OF MATERIALS
Unless otherwise indicated, all content appearing on this site is the
property of PGI and/or its subsidiaries or affiliates and is protected,
without limitation, by US and 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 website without written permission from PGI. Penguin and Penguin
Group are trademarks, and misuse of these names or of any of the information
appearing on this site may violate copyright and trademark law. If you
access this material outside the US you are responsible for compliance
with local laws.
LIMITATION OF LIABILITY
PGI 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 WEBSITE, WHICH IS PROVIDED
"AS IS." PGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. PGI DOES NOT MAKE ANY REPRESENTATIONS THAT THIS
SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PGI BE HELD LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES
AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
USER CONDUCT
PGI is not responsible for material submitted or posted to any of its
sites, including materials posted on any message board or chat room. You
acknowledge that PGI may or may not pre-screen these materials, and PGI
or its designees have the right, in their sole discretion, to pre-screen,
refuse, or remove any content that violates these Terms of Use or is otherwise
objectionable. PGI reserves the right to disclose information as necessary
to satisfy any law, regulation or government request. You shall not upload,
transmit, distribute or otherwise publish through this site any content
that: a) libels, defames, is obscene, pornographic, abusive or threatening;
b) infringes any intellectual property right or any other rights of any
entity or person, including but not limited to violating anyone's copyrights
or trademarks; c) violates any law; d) advocates illegal activity; e)
advertises or otherwise solicits funds or is a solicitation for goods
or services; f) contains a virus or other harmful component.
LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, sending emails, inputting data, answering
questions, uploading data or files or otherwise communicating with PGI,
you are granting to PGI a non-exclusive, worldwide, royalty-free, unrestricted
license to use, display, adapt, modify and reproduce these materials as
PGI sees fit and you shall have no claims against PGI for using these
materials. You represent and warrant that you have all the necessary rights
in and to any material you submit and the material does not infringe or
violate the rights of any third-party.
INDEMNITY
You agree to defend, indemnify, and hold PGI and its parent, subsidiaries,
affiliates and the agencies of any of them harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’
fees, related to any violation of these Terms of Use by you or arising
out of your use of this site, including but not limited to the placement
or transmission of any message or information on this site by you.
LINKS TO THIRD PARTY WEBSITES
This site may contain links to websites that are run and maintained by
third-parties. PGI 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 third party. These Terms of Use apply solely to PGI’s
websites and you should always review the terms and conditions of any
site that you access through a link from this or any other PGI website.
UNSOLICITED MANUSCRIPTS
PGI does not accept the submission of unsolicited manuscripts via this
site and does not accept responsibility for any such submissions.
JURISDICTION
This agreement shall be governed by the laws of the State of New York,
without giving effect to any principles of conflicts of law. You and PGI
each agree to submit to the exclusive jurisdiction of the courts of the
State of New York and the federal courts of the southern district, located
in New York City, New York. If any provision of this agreement shall be
considered unlawful or void or is unenforceable in whole or in part, the
remaining provisions shall remaining full force and effect.
COPYRIGHT INFRINGEMENT
PGI prohibits the posting of any information or materials that violates
or infringes the copyrights of any person or entity. 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 DMCA Copyright Agent:
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 description of where the material that you claim is infringing is
located on the site;
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;
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.
PGI’s Copyright designated DMCA Agent for notice of claims of copyright
or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
Penguin Group (USA) Inc.
375 Hudson Street, 3rd Floor
New York, NY 10014
By phone: (800) 631-8571
By fax: (212) 366-2867
By email:copyright@us.penguingroup.com
Upon receipt of such notification, PGI 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.
TERMINATION
Many PGI sites do not have account holders or subscribers. For those sites
that do, in appropriate cases, PGI will terminate subscriptions or accounts
of repeat copyright infringers. If you believe that a user of this site
is a repeat infringer, please contact PGI’s DMCA Copyright Agent
as described above and provide enough information for us to verify the
individual is a repeat infringer. These Terms of Use most recently updated
4/24/06