ABI may, from time to time, offer you the opportunity to use interactive services on the Web site, such as the Price Quote Form, or enter into contests (the "Contests"). By participating in any such Contest, you agree to any and all special terms set forth in connection with any such Contest, as well as the terms in this Agreement.
COPYRIGHTS AND TRADEMARKS
A. Ownership: ABI owns or has the right to use all of the data, information, text, images, streaming media, video, sounds, icons and other content contained on this Web site (the "Content"), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download and/or print one copy of the Content of this Web site, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content of this Web site on your own or any other Web site, or make any other use of it. Such copying, modification, distribution or transmission, display or use is a breach of this Agreement and infringes ABI's copyrights, copyrights licensed to ABI, rights of privacy and publicity of ABI members and others, trademark rights, and other intellectual property rights owned or licensed by ABI.
B. Notice and Procedure for Making Claims of Copyright Infringement: It is ABI's policy to respect the intellectual property rights of others. In connection with this policy, ABI will not knowingly post content of any kind that infringes the copyright rights of others. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), ABI has designated an agent to receive notifications of alleged copyright infringement on the Web site. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work, (b) a description of the location of the work on the Web site, including the URL, (c) your name, address and telephone number, (d) a signed statement by you that you have a good-faith belief that the disputed use is unauthorized under current law, and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to firstname.lastname@example.org or Arbor Books, 19 Spear Road, Ste. 202, Ramsey, NJ 07446.
A. If you wish to contact ABI for the purposes of exchanging links, ABI asks that you send such a request to email@example.com or Arbor Books, 19 Spear Road, Ste. 202, Ramsey, NJ 07446. You may not use any trademarks or service marks as links to the Web site from other Web sites, or as machine-readable search terms such as metatags. ABI reserves the right to revoke your permission to link to the Web site at its absolute and sole discretion. Any third-party Web site that links to the Web site (a) shall not create a frame around content of the Web site, (b) shall not replicate the content of the Web site, (c) shall not state or imply that ABI sponsors or endorses the third-party Web site, (d) shall not libel or present false or misleading information of any kind, including information about ABI or its members or players, and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial or inappropriate. Deep linking to internal pages of the Web site is expressly prohibited. The posting or creation of any link to the Web site signifies that you have read and agree to abide by this Agreement. If you believe that any Web site which links to the Web site contains illegal, offensive or inappropriate content, please contact ABI at firstname.lastname@example.org.
B. Links from the Web site: Links to other Web sites or Internet locations from the Web site have been provided for your convenience only. ABI does not endorse, sponsor or approve of any content of such Web sites or locations. ABI has no control over any of the Web sites or Internet locations that you may access through the Web site, and is not responsible for the content or accuracy of the content of any such Web site or location. If you access any other Web site or Internet location through the Web site, you do so at your own risk. If you believe that any link on the Web site leads to an illegal, offensive or inappropriate Web site, please contact ABI at email@example.com.
While we are always pleased to hear from authors and any others interested in publishing and welcome your suggestions and comments, we cannot consider unsolicited submissions. PLEASE DO NOT SUBMIT UNSOLICITED MATERIALS OF ANY KIND TO ABI. First please send us a request to submit your manuscript via e-mail or through the Price Quote Form.
If you choose to submit any information of any kind to the Web site (including manuscripts, creative ideas, concepts or materials, such as text, photographs or drawings), you represent, warrant and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, right of privacy or publicity, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that ABI may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name, or otherwise use such information (and any ideas embodied therein), and may manufacture, use and sell products, methods and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to ABI and with or without acknowledgment of authorship or source, at ABI's sole discretion. ABI shall not be liable for any compensation, claims or damages resulting from any use of any such information, and you agree to defend and hold ABI harmless with respect to any such compensation, claims or damages, including attorneys' fees.
In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Web site for any purpose not expressly authorized by the Agreement and/or to transmit, post or distribute to the Web site content that:
(a) constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters and pyramid schemes;
(b) contains or constitutes software, computer programs or routines of any kind, including but not limited to viruses, bots, worms and spiders;
(c) collects information about others, including but not limited to users' e-mail addresses;
(d) imposes an unreasonable load on the Web site's infrastructure; and/or
(e) reverse engineers or decompiles the software comprising the Web site.
DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS Web site IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ABI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH ABI WISHES THE CONTENT OF THIS Web site TO BE ACCURATE, COMPLETE AND CURRENT, ABI DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS Web site OR ANY DATA ON THIS Web site IS ACCURATE, ERROR-FREE, COMPLETE OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web site, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE Web site AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, ABI DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS Web site OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ABI BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS Web site OR ANY OTHER Web site TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER Web sites, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH Web sites, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA OR INFORMATION, EVEN IF ABI HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
TERMINATION OF SERVICE
ABI reserves the right to change or discontinue at any time, without notice, any message features, contests, content, materials, equipment, specifications, models, products or services described on the Web site, or the availability thereof. Products, methods and processes described on the Web site may be covered by U.S. or foreign patents and/or other intellectual property rights. ABI also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Web site, with or without notice to you.
Your obligations under these Terms and Conditions shall continue for as long as you access or use this Web site or use or maintain any of the content of the Web site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Web site and by destroying all content obtained from it, and all copies thereof.
Some content made available on this Web site may be subject to United States export control laws. No content from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing interactive applications on this Web site or downloading content made available on this Web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
JURISDICTION AND CHOICE OF LAW
This Web site is hosted on servers located in the state of New Jersey, United States of America. All disputes arising out of or relating to this Agreement or ABI's operation of this Web site shall be resolved in the state and federal courts seated in Trenton, New Jersey, United States of America. All such disputes shall be governed by the laws of the State of New Jersey and applicable federal laws, without giving effect to conflicts of laws principles. You agree that the state and federal courts seated in Trenton, New Jersey, have personal and subject-matter jurisdiction over any dispute arising from your use of the Web site.
ABI controls and operates this Web site from the State of New Jersey, United States of America, and makes no representation or warranty that the content of this Web site is appropriate, lawful or available for use in other geographic locations. If you use the Web site from other locations, you are responsible for compliance with all applicable local laws.
You agree to indemnify and hold harmless ABI and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors and/or assigns from and against all liabilities, claims, expenses or demands, including reasonable attorneys' fees and amounts paid to settle claims made by any third party due to or arising from the content you submit, post or transmit to or through the Web site, your use of the Web site, your violation of this Agreement, or your violation of any rights of another.
The failure of ABI to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of ABI's rights to subsequently enforce any provision of this Agreement against you or any other party.
ABI may give notices to users of the Web site, at ABI's option, by posting a message on the Web site, by e-mail, or by regular mail. Notices to ABI can be sent to firstname.lastname@example.org or Arbor Books, 19 Spear Road, Ste. 202, Ramsey, NJ 07446.
Please report any violations of this Agreement to email@example.com or Arbor Books, 19 Spear Road, Ste. 202, Ramsey, NJ 07446.
The Privacy Notice posted on this site was updated on or about March 20, 2006.
© 2006 Arbor Books, Inc. All Rights Reserved.
Please call us at (877) 822-2500 or e-mail us at firstname.lastname@example.org. We'll be happy to help you out with any of your questions and to make your book a reality.