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Terms of Use

RESTRICTIONS ON USE OF WEBSITE
This website (“Site”) is owned and operated by Penguin Group (USA) Inc. (“Penguin,” “us,” or “we”), 375 Hudson Street, New York, NY 10014. We can be reached by e-mail at online@us.penguingroup.com. By accessing or using this Site, you agree to be bound by and comply with this Terms of Use Agreement (which includes Penguin’s Online Privacy Policy). If you do not agree with this Terms of Use Agreement, please do not use this Site. Penguin reserves the right, at its own discretion, to update and modify this Terms of Use Agreement at any time and by using this Site you agree to be bound by and comply with these modifications.

YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER, SUBMIT PERSONAL INFORMATION, POST TO OR PARTICIPATE IN PUBLIC AREAS (INCLUDING SOCIAL MEDIA) OF PENGUIN’S GENERAL AUDIENCE SITES
By registering or submitting Personal Information or posting to or participating in public areas of the Site (including without limitation bulletin boards, forums, blogs, user profiles, social media) of this Site, you represent and warrant you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.

USE OF MATERIALS
Unless otherwise indicated (see User Content subheading below), all content appearing on this Site is the property of Penguin and/or its subsidiaries or 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 Site without written permission from Penguin. Penguin and Penguin Group are trademarks, and misuse of these 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.

LIMITATION OF LIABILITY
PENGUIN WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS SITE, WHICH IS PROVIDED “AS IS.” PENGUIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PENGUIN DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE VIRUS- OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PENGUIN 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.

USER CONDUCT
Penguin is not responsible for material submitted or posted to any of its Sites, including materials posted on any bulletin boards, forums, blogs or other public areas (“Public Areas”). You acknowledge that Penguin may or may not pre-screen these materials, and Penguin or its 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. Penguin reserves the right to use and disclose information as provided in our Online Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through this Site any content that: a) libels, defames, is obscene, pornographic, abusive, harassing, hateful, racially or ethnically offensive 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; or g) impersonates another person. This Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by Penguin.

LICENSE FOR SUBMITTED CONTENT; USER CONTENT
This Site may now or in the future permit the submission of content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of User Content. You understand that whether or not such User Content is published, we and our service providers do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of our or our service providers’ hosting or publishing User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own the necessary licenses, rights, consents and permissions to use and authorize both us and our service providers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such indentifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use, and (iii) any User Content you submit does not infringe or violate the rights of any third-party . By submitting User Content to us, you hereby grant both us and our service providers a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform User Content as permitted through the functionality of the Site and under these Terms of Use. We or our service providers may maintain copies of any User Content.

INDEMNITY
You agree to defend, indemnify, and hold Penguin and its parent, subsidiaries, affiliates and the agents 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 User Content you submit on this Site. Technology, hosting and other services for aspects of this Site are provided by Penguin’s service providers. By participating in this Site you also agree to defend, indemnify, and hold Penguin’s service providers harmless on all matters related to your participation with this Site and interaction with others using it. Penguin’s service providers are third party beneficiaries to your agreement with this Site pursuant to the Penguin Group (USA) Inc. Online Privacy Policy and Terms of Use Agreement.

LINKS TO THIRD PARTY WEBSITES
This Site may contain links to websites that are run and maintained by third parties. Penguin is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, 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 other website that you access through a link from this or any other Penguin website.

UNSOLICITED MANUSCRIPTS
Penguin does not accept the submission of unsolicited manuscripts via this Site and does not accept responsibility for any such submissions.

SITE IS FOR U.S. RESIDENTS; GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION
This Site is operated in the United States and is designed for and targeted to U.S. audiences. Except as otherwise provided on the Site, all users must be residents of the United States in order to participate in activities that require the collection of personal information or to post unsolicited information to the Site. This Site 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.

COPYRIGHT INFRINGEMENT
Penguin prohibits 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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Penguin’s 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.
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 proper notification, Penguin will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. ß512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

ENFORCEMENT
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.

TERMINATION; REPEAT INFRINGEMENT
In addition to any other remedies provided to Penguin under this Terms of Use Agreement, Penguin or our service providers may terminate your access to the Site if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. If you believe that a user of this Site has committed copyright or trademark or other infringement, please contact Penguin’s DMCA Copyright Agent as described above and provide relevant documentation.

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