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This website ("Site") is owned and operated by Penguin Group (USA) Inc. ("PGI") and Callaway Arts & Entertainment ("Callaway") as co-promoters ("the co-promoters"). 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. The co-promoters reserve 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.
Unless otherwise indicated, all content appearing on this Site is the property of the co-promoters and/or their 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 the co-promoters. Penguin and the Penguin logo are trademarks of PGI, Callaway is a trademark of Callaway, and The English Roses is a trademark of Madonna. Misuse of these trademarks, 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.
THE CO-PROMOTERS WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH IS PROVIDED "AS IS." THE CO-PROMOTERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CO-PROMOTERS DO 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 OR CALLAWAY 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.
The co-promoters are not responsible for material submitted or posted to the Site, including materials posted on any bulletin boards, forums, blogs or other public areas ("Public Areas"). You acknowledge that the co-promoters may or may not pre-screen these materials, and the co-promoters or their 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. The co-promoters reserve the right to disclose information as provided in this Site's Privacy Policy. 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.
You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with the co-promoters or the Site, you are granting to the co-promoters a non-exclusive, worldwide, royalty-free, unrestricted license to use, display, adapt, modify and reproduce these materials as they see fit and you shall have no claims against the co-promoters 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.
You agree to defend, indemnify, and hold PGI and Callaway and their respective parents, 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.
This Site may contain links to websites that are run and maintained by third-parties. The co-promoters are not responsible, nor shall they be held liable for, the content, services or products provided on this Site, nor for the practices of any third party. These Terms of Use apply solely to this Site and you should always review the terms and conditions of any website that you access through a link from this Site.
The co-promoters do not accept the submission of unsolicited manuscripts via this Site and do not accept responsibility for any such submissions.
This Site is operated in the United States and is designed for and targeted to U.S. audiences. It 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 their principles of conflicts of law. 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 of the Southern District, located in New York City, NY.
The co-promoters prohibit 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:
The co-promoters' 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. & Callaway Arts & Entertainment
c/o 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, the co-promoters 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.
If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.
If this Site has subscribers, in appropriate cases, the co-promoters will terminate subscriptions or accounts of repeat copyright infringers. If you believe that a user of this Site is a repeat infringer, please contact the co-promoters' DMCA Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.
LAST UPDATED: February 3, 2009