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Booksie & BooksieSilk Member Agreement

DESCRIPTION

Welcome to the Booksie.com or BooksieSilk.com web site (the "Site") The term "Booksie" "BooksieSilk" or "us" or "we" or "our" refers to TheNextBigWriter, LLC. The term "you" refers to the user or viewer of the Site, including writers and readers.

ACCEPTANCE OF TERMS

Your use of the Site is subject to the terms of this Member Agreement, as updated by us from time to time, and the then current rules and policies posted on the Site, all of which are hereby incorporated by reference. We will endeavor to notify you of changes to the Member Agreement by posting to the main page of the Site and will make an effort to send a notice to the mailing lists, but we are not liable for failure to note changes to the Member Agreement. The most current version of the Member Agreement is posted at the bottom of the page on the Site. In the event of any conflict or inconsistency between the terms of this Member Agreement and the rules and policies posted on the Site, the Site rules and policies shall govern. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in the Section below titled "Booksie's & BooksieSilk's USE OF CONTENT SUBMITTED BY WRITERS AND RIGHTS OF WRITERS" without your consent.

Booksie's & BooksieSilk's USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS

  1. By submitting material to any public area of the Site, you automatically grant Booksie & BooksieSilk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the Booksie & BooksieSilk's Website and Booksie's and BooksieSilk's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Booksie & BooksieSilk's Website (and derivative works thereof).
  2. You grant Booksie & BooksieSilk the right, at no charge, from time to time to edit, copy, distribute or make generally available to the public the titles of submitted work, your pen name, and/or short excerpts from work posted to the Site by writers for the purpose of promoting your work, Booksie, BooksieSilk, or the Site.
  3. You acknowledge and agree that Booksie & BooksieSilk may preserve work you post to the Site and may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Member Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Booksie, BooksieSilk its owners or operators or third parties.
Except as specifically described above, Members retain all rights to the work they post to the Site. By posting your work to the Site, Booksie & BooksieSilk does not obtain any purchase or publication option or otherwise restrict the freedom of Members to market, publish, or sell work they post to the Site. Booksie & BooksieSilk may from time to time establish additional forms of rights management and ownership programs applicable to work posted to the Site. Participation in these offerings will be solely at the discretion of each Writing Member.

RESPONSIBILITY FOR THE CONTENT YOU POST

You understand that all work and communication posted to the Site, including work posted by authors and reviewers ("Content") is the sole responsibility of the person from which such Content originated. This means that you, not Booksie or BooksieSilk, are entirely responsible for all Content that you post or otherwise make available via the Site.

USE OF THE SITE

You agree not to utilize or otherwise access the Site for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of Booksie or BooksieSilk, and you agree not to use the Site to promote other on-line services that are competitive with Booksie or the Site.

COPYRIGHTED MATERIAL

Writers and reviewers own a copyright in their original content that they post to the Site. For more on copyright, visit the Site's Copyright Policy.

Booksie and BooksieSilk owns a copyright in all aspects of the Site original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Site, as well as in Booksie's & BooksieSilk's original content on the Site.

POSTING OF CONTENT

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 Booksie all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Booksie 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. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of this Member Agreement or your membership to the Site. Booksie & BooksieSilk reserve the right at any time to remove material that it deems overly offensive, that does not meet each site's subject matter guidelines, that is not consistent with this policy, or that it deems a harm to the site's ongoing business.

YOUR USE OF CONTENT

You may make a single copy of Content posted to the Site by authors and reviewers on your hard drive or in print for your own personal, non-commercial use only. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of Booksie and the copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use Content or the Site in any manner except as expressly permitted by this Member Agreement or any rules and policies posted on the Site.

COPYRIGHT DISPUTES

You agree that the enforcement and arbitration of copyright disputes on the Site will be governed by the Copyright Policy posted on the Site.

CHANGES TO THE SITE

All features of the Site are subject to availability, and Booksie, BooksieSilk and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site. Booksie & BooksieSilk may, at any time, without liability, change or discontinue any aspect or feature of the Site without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. Changes will not be made to your rights in posted work as described in the Section above titled "Booksie's and BooksieSilk's USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS" without your consent.

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

Users of the Site are required to complete the Site's registration process. Your membership to the Site is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Site under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify Booksie or BooksieSilk of any unauthorized use of your password or account or any other breach of security by e-mailing the Booksie or BooksieSilk administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. Booksie and BooksieSilk bears no responsibility for your failure to comply with this section or to take appropriate security measures.

YOUR REGISTRATION OBLIGATIONS

You agree to: (a) abide by the terms of the Member Agreement and all other rules and policies posted on the Site; (b) honor the requests made by Booksie, BooksieSilk and its agents with respect to your actions on the Site; (c) provide us with accurate, complete registration information, including your age of consent, when registering as user of the Site; and (d) check for updates and update notices of the Member Agreement and the rules and policies posted on the Site.

USE OF ADULT CONTENT

Some contributions to BooksieSilk may contain adult Content. It is your obligation to leave areas with adult content if you are under the age of consent. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Booksie or BooksieSilk with respect thereto, and agree to indemnify and hold Booksie, BooksieSilk, its Owners/Operators, affiliates, and/or licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

THIRD PARTY CONTENT

Booksie and BooksieSilk does not control or monitor the Content posted via the Site and does not guarantee the quality of such Content. The Site Content is supplied by third party members of the Site and not the owners or operators of Booksie, BooksieSilk, or the Site. The information and opinions in the Content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the belief of Booksie or BooksieSilk. Neither Booksie, BooksieSilk, or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Site by anyone other than authorized Booksie and BooksieSilk employees or agents. You understand that by accessing the Site, you may be exposed to Content that is offensive, indecent or objectionable.

LINKS TO OTHER WEB SITES

The Site may contain links to other web sites. Inclusion of any linked web site to our Site does not imply approval or endorsement of the linked web site by us. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Links to other web sites are provided solely as pointers to information on topics that may be useful to the users of our Site.

TERMINATION

You agree that the Site may, in its sole discretion and without liability, terminate your membership to the Site or remove and discard any Content with or without notice, if Booksie or BooksieSilk believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the Member Agreement or the Site rules and policies or that your activity interferes with proper use of the Site by others. All provisions of this Member Agreement which by their nature are intended to survive the termination of your membership or this Agreement, including but not limited to the clause below "DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION" shall survive any such termination.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

THE SITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER Booksie, BooksieSilk, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY "AFFILIATED PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Booksie, BooksieSilk, OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT CONTAINED ON THE SITE, OR IN CONNECTION WITH a Booksie or BooksieSilk COMPETITION OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER Booksie, BooksieSilk, NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF Booksie, BooksieSilk, AND ITS AFFLIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED FIFTY US DOLLARS ($50), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST Booksie, BooksieSilk, OR ITS AFFILIATED PARTIES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Booksie, BooksieSilk, AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS MEMBER AGREEMENT OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE SITE.

MISCELLANEOUS

This Member Agreement and any rules and policies, as amended from time to time, that are established by Booksie and BooksieSilk, and posted on the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this Member Agreement. This Member Agreement shall be construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this Member Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

TRADEMARKS

Booksie, BooksieSilk, and each of its logos are trademarks of TheNextBigWriter LLC. All rights reserved. Trademarks appearing on the Site are the property of their respective owners.

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