Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Palibra
web site located at www.palibra.com, and
all associated sites linked to www.palibra.com
by Palibra, its subsidiaries and affiliates, including Palibra sites around the
world (collectively, the “Site”). The Site is the property of JCM Entertainment
, LLC (“Palibra” or the “Company”) and its licensors. BY USING THE SITE, YOU
AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Palibra reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your continued use of the
Site following the posting of changes will mean that you accept and agree to
the changes. As long as you comply with these Terms of Use, Palibra grants you
a personal, non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such
Content, contained on the Site is owned, controlled or licensed by or to
Palibra, and is protected by trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, Web site or other medium
for publication or distribution or for any commercial enterprise, without
Palibra’s express prior written consent.
You may use information on Palibra products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by
Palibra for downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) not make
any additional representations or warranties relating to such documents.
Your Use of the Site
You agree to act responsibly at this site and to treat other visitors with respect. As a Registered User, you agree that:
a. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Registered Users.
b. You will not post on the Service, or transmit to other Registered Users, any defamatory, inaccurate, abusive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
c. You will use the Service in a manner consistent with any and all
applicable local, state, national and international laws and regulations,
including, but not limited to,
d. You will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such information
e. You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
f. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
g. You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
i. You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
j. The Company reserves the right, but has no obligation, to monitor the
materials posted in the public areas of the Service. The Company shall have the
right to remove any such material that in its sole opinion violates, or is
alleged to violate, any applicable law or either the letter or spirit of this
Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF
THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and
other Registered Users that are not readily accessible to the general public
will be treated as private by the Company to the extent permitted by applicable
law.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. Palibra reserves the right to bar any such
activity.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to any
Palibra server, or to any of the services offered on or through the Site, by
hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the
Site, or any other customer of Palibra, including any Palibra account not owned
by you, to its source, or exploit the Site or any service or information made
available or offered by or through the Site, in any way where the purpose is to
reveal any information, including but not limited to personal identification or
information, other than your own information, as provided for by the
Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Palibra’s
systems or networks, or any systems or networks connected to the Site or to
Palibra.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to Palibra on or
through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Palibra or
others.
For clarity, you retain all of your
ownership rights in the Content including books, short stories, comments, etc.,
you post on Palibra (“User Submissions”). However, by submitting the User
Submissions to Palibra, you hereby grant Palibra a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license (to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions in
connection with the Palibra website and Palibra's (and its successor's)
business, including without limitation for promoting and redistributing part or
all of the Palibra website (and derivative works thereof) in any media formats
and through any media channels. Palibra, together with you will determine
reasonable fees, if any, associated with such license.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Palibra all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Palibra or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) create work based on copyrighted work to which you do not own the copyright to unless for purposes of parody or other legally approved fair use (i.e. no fan fiction). You affirm that you are over the age of 13, as the Palibra website is not intended for children under 13. If you are under 13 years of age, then please do not use the Palibra website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
For the genre titled Erotica, you affirm that you are over the age of 18 in order to post or download Narratives in this genre. Any consequences or legal repercussions due to falsehoods or misrepresentations of your age in relation to your usage of the Erotica genre will be your sole responsibility, and you agree to indemnify Palibra from any legal action as a result of your participation in this genre.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site, including
contests, promotions or other similar features, all of which terms are made a
part of these Terms of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If there
is a conflict between these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion
of the Site or the specific service.
Palibra’s obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.
Palibra may make changes to any products or services offered on the Site, or to
the applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may be
out of date, and Palibra makes no commitment to update the materials on the
Site with respect to such products and services.
If registered as an Author, you agree not to be paid a
royalty for your posted Narratives chosen by other Users as part of the
"First Download Free" promotion lasting until August 15, 2007,
Narrative of the Week ("NOW") Club, or other Palibra promotions that
you have voluntarily opted into. NOW Club and other free download promotions outside
of "First Download Free" are opt-in promotional campaigns for
which Palibra nor the author receives any compensation.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Copyright
Information
Rights and Permissions
Claims
of Copyright Infringement
Piracy
Prevention
Report
Piracy
Palibra's Unsolicited Idea Submission Policy
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Palibra ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Palibra immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Palibra or any other user of or visitor to the Site due to someone else using your Palibra ID, password or account.
You may not use anyone else’s Palibra ID, password or account at any time without the express permission and consent of the holder of that Palibra ID, password or account. Palibra cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Palibra's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at legal@palibra.com.
or:
Palibra
Attn: Copyright Agent
90260
Please provide our Agent with the following Notice:
a) Identify the material on the Palibra site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Palibra will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
Privacy
Palibra’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Palibra’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Palibra Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Palibra’s control, and Palibra is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
No Spam
You understand and agree that sending unsolicited email
advertisements to Palibra email addresses or through Palibra computer systems,
which is expressly prohibited by these TOU, will use or cause to be used
servers located in
Paid Postings
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
Disclaimer
PALIBRA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PALIBRA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PALIBRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PALIBRA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PALIBRA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PALIBRA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Palibra reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason and for any user; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Palibra be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Palibra has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Palibra is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Palibra’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Palibra (but not including the purchase price for any Palibra hardware or software products or any similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Palibra, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Palibra by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Palibra may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Palibra’s rights or property, or the rights or property of visitors to or users of the Site, including Palibra’s customers. Palibra reserves the right at all times to disclose any information that Palibra deems necessary to comply with any applicable law, regulation, legal process or governmental request. Palibra also may disclose your information when Palibra determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Palibra may preserve any transmittal or communication by you with Palibra through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Palibra determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Palibra, its employees, users of or visitors to the Site, and the public.
You agree that Palibra may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Palibra, for which monetary damages would be inadequate, and you consent to Palibra obtaining any injunctive or equitable relief that Palibra deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Palibra may have at law or in equity.
You agree that Palibra may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Palibra does take any legal action against you as a result of your violation of these Terms of Use, Palibra will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Palibra. You agree that Palibra will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the laws of the
Void Where Prohibited
Palibra administers and operates the www.palibra.com Site from its location in
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including without
limitation
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Palibra with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Palibra with respect to such use are hereby superseded and cancelled. Palibra will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Palibra’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Palibra of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Palibra and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Palibra provides access to Palibra international data and, therefore, may contain references or cross references to Palibra products, programs and services that are not announced in your country. Such reference does not imply that Palibra in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Palibra shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to
change without notice.
Copyright © 2007 JCM Entertainment, LLC. All rights reserved.
JCM Entertainment, LLC., 15228-B Hawthorne Blvd., Suite 203, Lawndale, CA
90260 USA.
Updated by JCM Entertainment on 8/17/07
Effective April 2007