Legal Statements, Agreement Terms, Disclaimer, Privacy, Etc.
General Agreement of Use:
Authorsmark.com DOES NOT list e-books or web sites relating to, promoting or containing any of the following: nudity, pornographic sexual themes, excessive and graphic violence, SPAM/bulk e-mail, pyramid schemes, illegal activities, instructions on performing illegal activities, alcohol or other kinds of substance abuse, excessive foul language, material that violates copyrights, warez, hacker material, illegal MP3 files, material that attempts to defraud internet advertisers, material that encourages hatred or discrimination based on race, religion, sex, or sexual-orientation.
You acknowledge that Authorsmark.com does not pre-screen Authors or their submitted works and that Authorsmark.com, its owner(s)and/or employees can not, should not and will not be held financially or legally liable by any party in any court or jurisdiction, for misrepresentation of copyright, ownership and/or content on the part of authors that submit their work for sale on this website and have their work posted for sale by this service. Authorsmark.com also cannot, should not and will not be held liable by any user of Authorsmark.com's website and/or services for the content, written and/or drawn, or views and/or opinions and/or statements and/or beliefs held by any author and/or found within any ebook and/or work that is posted on this website.
Authorsmark reserves the right to terminate and delete from its website and systems any posted works for sale that contain any, all or an inappropriate amount of any or all of the above categories that are discovered by Authorsmark or are brought to its attention by others. Authorsmark.com reserves the right to determine what Authorsmark considers to be inappropriate.
Please report any violations of policy or this agreement to Authorsmark.com.
AGREEMENT BETWEEN AUTHORSMARK.COM AND AUTHORS:
The following non-exclusive agreement allows Authorsmark.com to promote you and your work for discovery by readers!
ACCEPTANCE OF TERMS
Authorsmark.com provides Service to you, the Author or Client, subject to the following Service Agreement which may be updated by us from time to time without notice to you. You can review the most current version of the Service Agreement at any time by accessing this page.
Author must be an adult of at least 18 years of age, in order to posts books for sale on Authorsmark.com.
Authors younger than 18 must provide the name and contact information of a parent, legal guardian or adult that has knowingly and willingly agreed to represent the legal interests of the Author, as Author is of minor age, in order to post books for sale on Authorsmark.com.
Authorsmark Service provides authors the ability to share information about themselves and their works with the: a) intent of promoting authors, and their works. b) allowing readers access to information in an organized manner. You understand and agree that Authorsmark Service is provided "AS-IS" and that Authorsmark.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In consideration, you agree to: (a) provide true, accurate, current and complete information about yourself and works and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Authorsmark.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Authorsmark.com has the right to suspend or terminate your account and refuse any and all current or future use (or any portion thereof). Authorsmark.com is concerned about the safety and privacy of all its users, particularly children. Please remember that Authorsmark.com services are designed to appeal to a broad audience.
You acknowledge and agree that Authorsmark.com may preserve Author Account and may also disclose publicly posted information to Internet users, readers, book stores, editors, printers, publishers, marketers, and business partners to best promote authors and their works. You understand that the technical processing and transmission of your marketing information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that Authorsmark.com does not pre-screen Authors, but that Authorsmark.com shall have the right (but not the obligation) in their sole discretion to refuse, move, edit or remove any service, page, post, work, message, review or other content or service that is available via any Authorsmark Service. You agree that you must evaluate, and bear all risks associated with, the use of any Authorsmark Service, including any reliance on the accuracy, completeness, or usefulness of such Service. In this regard, you acknowledge that you may not rely on any marketing created by Authorsmark.com or submitted to Authorsmark.com.
Authorsmark cannot guarantee in any way the amount of sales or profit generated by authors book nor the amount of views or interest in any individual work or author. Author is solely responsible for marketing and advertising of Authors own work and name.
The credit or debit card that you provide as part of your Registration Data will automatically and immediately be billed. Please note: the length of service on your account will begin from the time of posting, not from the time of purchase. All fees are non-refundable. All currency references are in U.S. dollars. If the billing service withdraws from your banking or financial institution account an amount greater than the authorized payment, Authorsmark will refund the difference to that author, including any reasonable fees incurred by that author due to the improper withdrawal.
We are not responsible if the payment cannot be processed because of any one or more of the following:
• There are insufficient funds in your banking or financial institution account, or the payment would exceed your credit limit;
• You provided any incorrect information; or
• The service is unavailable for any reasons.
We are not responsible in any way for financial transactions between authors and the purchasers of their works, books or products.
We are responsible only for the purchase button code that is provided to us by you, the author. If that code is inaccurate or needs changing, please inform the Service and Authorsmark will change the code to the new, correct one that the author has provided. Authorsmark.com is not responsible for loss of payments or funds as a result of code inaccuracies. Authors are solely responsible for checking their codes and insuring that such codes are working properly. Author has the right to inform Authorsmark of any code problems that may arise and is expected to work together with Authorsmark to resolve the situation to the satisfaction of all involved parties.
Renewals are solely at the option of the author and the author is expected to take action to effect such renewals. There is no time limit between renewals. Any account taken out of public view can be reinstated until authors asks for such account to be terminated in which case all related files will be deleted from Authorsmark's system. Authorsmark will not delete any posted page or book description from its files unless asked by the author to do so.
Author hereby grants Authorsmark.com a non-exclusive, royalty-free license to use Author's trademarks, service marks and trade names ( the "Trademarks"), for the purpose of advertising, promoting, merchandising and marketing the Author and their works. Authorsmark.com agrees that all such usage relating to the Author and their works shall properly identify the Author as the source of the works and otherwise comply with the Author's reasonable Trademark guidelines. Authorsmark.com will discontinue all use of Author's Trademarks promptly upon written addendum, termination or expiration of this Agreement.
Author warrants to Authorsmark.com that you, the Author is the sole owner of the Material and all related intellectual property and that neither the Materials or the exercise of any rights or licenses granted by this Agreement will a.) violate any contract by which Author is bound or any law or regulation that applies to the Materials or its use, b.) violate or misappropriate any "Trademarks", copyright or other intellectual property rights of anyone, not a party to this Agreement, c.) cause defamation of any one or otherwise violate any law or right of anyone not a party to this Agreement, d.) be considered as obscene, overtly discriminatory or hate related.
Authorsmark.com and you, the Author shall be "Independent Contractors", and nothing in this Agreement, nor the performance thereof, shall create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Authors shall have no authority to make or accept any offers or representations on behalf of Authorsmark.com. The parties may change or modify this relationship only by a written addendum to this Agreement, signed by both parties, to provide for agency, joint venture or sales representation.
Author shall indemnify and hold harmless Authorsmark.com its owner, officers, agents, affiliates and employees from any claim or demand, including reasonable attorneys' fees, made by anyone due to or arising out of your use of services and/or account, post to or transmit through the Authorsmark Service, your use of the Service, your connection to the Service, your violation of the Service, or your violation of any rights of another.
Authorsmark.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Authorsmark also reserves the right (but not the obligation) in their sole discretion to add, edit, remove any or all content added to Authorsmark site with or without notice. You agree that Authorsmark.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Authorsmark Service.
You will have the ability to cancel your Authorsmark account at any time. Any such cancellation will result in the termination of your ability to access the Service at the end of the then-current term for which you have paid. If you cancel your Authorsmark account before the end of the term for which you paid, you will not receive a refund.
You agree that Authorsmark.com, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove, edit and discard any Author's account or posts within the Service, for any reason, including, without limitation, if Authorsmark.com believes that you have violated or acted inconsistently with the letter or spirit of Authorsmark.com or the Service. Authorsmark.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Service may be effected without prior notice, and acknowledge and agree that Authorsmark.com may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Authorsmark.com shall not be liable to you or any third-party for any termination of your access to the Authorsmark Service.
It is understood and agreed by you, the Author may engage other resources or use other services that have no connection with Authorsmark.com, and that in such case Authorsmark.com is not responsible for the availability of such resources or services, nor shall Authorsmark.com be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such resources or other services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE AUTHORSMARK SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUTHORSMARK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AUTHORSMARK.COM MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTHORSMARK.COM OR THROUGH OR FROM OUR SERVICE" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE "MARKETING MEMBERSHIP SERVICE."
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTHORSMARK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTHORSMARK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ARTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE AUTHORSMARK.COM OR ITS SERVICE.
This written Agreement shall constitute the entire agreement between Authors and Authorsmark.com and supersedes any prior agreements, may not be modified orally, and may not be assigned by either party without the other's written consent. Such consent may not be unreasonably withheld. The Agreement shall be governed by the laws of the State of Illinois, and any attempt to enforce this Agreement shall be brought in Cook County, State of Illinois only. The failure or delay by either party to exercise any right, power or remedy under this Agreement shall not operate as a waiver of any such right, power or remedy.
Please report any violations of policy or this agreement to Authorsmark.com.
PRIVACY AND SECURITY:
This Authorsmark Privacy Statement discloses the information privacy practices for Authorsmark's United States Web sites, and www.Authorsmark.com, ("Authorsmark").
Information collected about you:
Authorsmark collects Personally Identifiable Information ("PII") about you that you specifically and voluntarily provide. PII includes information that can identify you as a specific individual, such as your name, phone number, or e-mail address. Contact information is for internal use only. Your Personally Identifiable Information is NEVER sold, shared or exchanged with anyone.
On all Authorsmark pages that collect PII, we specifically describe what information is required in order to provide you with the product or service you have requested.
Authorsmark collects PII when you:
• Submit an eBook to sell on Authorsmark.com
• Participate in a survey, contest, or sweepstakes.
• Submit a writing for our Authorsmark Wall.
• Contact Authorsmark.
Surveys, contests, and sweepstakes
Occasionally, Authorsmark may offer our members and site visitors an opportunity to participate in a survey or contest. Information collected by Authorsmark when you participate in a survey or contest may include your full name, e-mail and street address.
Authorsmark collects PII such as your full name, Member ID, e-mail address, and/or contact number whenever you submit a question or suggestion.
Authorsmark has partnered with reputable third parties to offer our members and site visitors a variety of products and services. All book services throughout Authorsmark that are provided by a third-party are described as such. Although we only work with reputable third parties, our business partners may have different privacy policies and practices than Authorsmark. We encourage you to review our business partners' privacy policies to further understand their procedures for collecting, using, and disclosing your information.
Other information we collect:
Some information is collected automatically every time you visit Authorsmark. Authorsmark collects information about your computer and assigns you a "cookie" (a small, unique identifier text file) when you visit Authorsmark. You do not provide this information—it is collected automatically as a means of supporting your visit to our site. This cookie does not contain any PII.
Authorsmark collects certain technical information from your computer each time you request a page during a visit to Authorsmark. This information is collected from your computer's Web browser and may include your IP address, operating system, Web browser software (i.e. Netscape Navigator or Internet Explorer ), and referrer Web site. Wireless users: Please check with your wireless company if you are using your cell phone to access the Internet to understand whether PII may be used to identify you.
Use of your information
Information collected on Authorsmark may be used to:
• Respond to your questions or suggestions
• Improve the quality of your visit to our site
• E-mail notifications
If you chose to receive communications from Authorsmark about special promotions, we may use your e-mail address to send you communications about messages, newsletters, or other customer support assistance.
Responses to your questions or suggestions
We will use your e-mail address or telephone number to respond when you submit a question or suggestion, or request assistance.
Improving the quality of your visit to our site
We collect information about your computer (not your name, address, e-mail address, or telephone number) through your permanent cookie file for the purpose of assessing the effectiveness of site content and traffic. This data allows us to improve the quality of your visit by streamlining your ability to navigate the site and develop featured programs and content that will be of interest to our members and site visitors.
Sharing your information
Authorsmark does not sell or rent your PII to anyone.
Our legal obligations
Authorsmark may be required by law to disclose information you have provided in obtaining our services. Authorsmark may also disclose information against someone who poses a threat to Authorsmark's interests (such as customer fraud) or whose activities could bring harm to others.
Other Web sites
There are several places throughout Authorsmark that may link you to other Web sites that do not operate under Authorsmark's information privacy practices. When you click through to these Web sites, Authorsmark's information privacy practices no longer apply. We recommend that you examine the privacy statements for all third-party Web sites to understand their procedures for collecting, using, and disclosing your information.