Welcome to Literary Guild! This Web site located at http://www.literaryguild.com (the "Site") is owned and operated by Bookspan, LLC. Literary Guild maintains this site (the "Site") for your personal entertainment, information, education and communication.
Literary Guild operates a membership program which is controlled by the terms of the membership agreement.
The trademarks, logos and service marks (the "Trademarks") displayed on the Site, unless otherwise specified, are either the registered and unregistered trademarks of Literary Guild’s parent entity or used under license. Nothing contained in the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Site without the written permission of Literary Guild or any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are hereby also advised that Literary Guild will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions or in the text of the Site without the express permission of Literary Guild which neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Literary Guild. You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site for public or commercial purposes including the text, images, audio and/or video without Literary Guild’s written permission. It is strictly prohibited to download the images of the products for sale within this site.
INTELLECTUAL PROPERTY, PRIVACY, AND PUBLICITY
Images of people or places displayed in this Site are either the property of, or used with permission by Literary Guild. The use of these images by you, or anyone authorized by you, IS PROHIBITED unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Literary Guild or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Literary Guild is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Literary Guild reserves the right to remove any content posted at any time at its sole discretion.Literary Guild will fully cooperate with any law enforcement authorities or court order requesting or directing Literary Guild to disclose the identity of anyone posting such information or materials.
We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic personal information. We protect your account information by placing it on the secure portion of our Web site, using firewalls and other security technology to protect our network and systems from external attacks, and requiring you to enter a unique user name and password to access your account information online. Also, our servers have been enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized parties from viewing the nonpublic personal information that you provide or access during a secure session (look for the padlock icon on your browser).
DIGITAL MILLENNIUM COPYRIGHT ACT (PUBLIC LAW 105-304) WEBSITE POLICY AND PROCEDURES FOR COMPLIANCE
In accordance with the Digital Millennium Copyright Act, this Site has adopted a policy toward copyright infringement on its book club website. In furtherance of this policy, this Site will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Site. This policy shall cover all aspects of the Site, including but not limited to author chats, images, graphics, book reviews, and all member-generated content posted on any portion of our Sites.
PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS
First, submit a formal Notice of Copyright Infringement containing the following information:
- 1. The material being infringed or otherwise objectionable
- 2. Where on the site the infringements are located
- 3. The name of the person/entity complaining
- 4. How this person/entity may be contacted
- 5. A signed statement that the complainant has good faith belief that the material is infringing or unlawful and
- 6. A statement made under penalty of perjury that content of the Notice is truthful and the complaint is expressly authorized by the copyright holder to submit the Notice
Next, send the Notice of Copyright Infringement to this site’s Designated Copyright Infringement Agent:Literary Guild 34 W 27th Street, 10th Floor, New York, NY 10001 Attn: Legal Affairs Fax (516) 490-4021 or via email to: firstname.lastname@example.org
Within a reasonable time after this information is received, the following action will be taken:
- 1. The infringing material or Site will be blocked
- 2. Reasonable efforts will be taken to promptly inform the infringing user of the situation
- 3. In the case of first-time offenders, the infringing material will be removed
- 4. To the extent possible, repeat offenders will be removed permanently from the system.
The infringing user may respond with a counter notice which may include a signed statement, made under penalty of perjury, that the user has a good faith belief that the removal or disablement was a result of a mistake or misidentification. A complete listing of the infringing user’s contact information and consent to jurisdiction in Federal Court in the infringing user’s district must also be included, along with a statement that the infringing user will accept service of process from the original complainant. If such counter notice is received by the site’s Designated Copyright Agent, a copy of the counter notice will be sent to the original complainant. The user’s material and access will be restored in 10 to 14 days unless the Designated Copyright Agent is informed that a lawsuit has been filed over the infringing material.
While Literary Guild uses reasonable efforts to include accurate and up-to-date information on the Site, Literary Guild makes no warranties or representations as to its accuracy, nor does Literary Guild assume any liability or responsibility for any errors in the content of the Site.
DAMAGES AND WARRANTIES
Your use of and browsing in the Site are at your own risk. Neither Literary Guild nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
NOTICE OF ARBITRATION AGREEMENT
We and you agree to arbitrate all disputes and claims between us arising out of or relating to this Agreement, as broadly interpreted to include any aspect of our relationship, including claims related to advertising. You thus give up your right to go to court, except that you may bring an action against us in small claims court. The arbitration will be under the prevailing Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by this Agreement. The AAA Rules, including how to initiate a claim, are available online at www.adr.org or by calling the AAA at 800-778-7879. If you choose arbitration, your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. Arbitrations will be conducted by one Arbitrator and will be Desk Arbitrations unless you or we request a Telephonic Hearing (as defined by AAA Rules). There will be no In-Person Hearing unless a claim seeks more than $75,000. We will pay all filing, administration, and arbitrator fees, unless the Arbitrator finds that your claim had no reasonable foundation or was brought for an improper purpose, in which case the Arbitrator must order you to pay those costs. After you notify us that you have commenced arbitration, we will promptly reimburse you the filing fee. If the Arbitrator issues an award in your favor on the merits of your claim that is greater than the value of our last written settlement offer made before the Arbitrator was selected, then the Arbitrator also may award you your reasonable attorney’s fees. We will not seek attorney’s fees from you even if we prevail. The Arbitrator will be bound by this Agreement. The Arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief and only as necessary to provide relief warranted by that party's individual claim. You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, the Arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Literary Guild also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Literary Guild has not reviewed all of the sites linked to the Site, is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk and the fact that there is a link to Literary Guild site should not be construed as an endorsement of either the linked Site’s content or sponsors.
This policy is effective as of: March 30, 2015