The following non-exclusive agreement allows AuthorsDen.com
to aggressively promote you and your work for discovery by
ACCEPTANCE OF TERMS
AuthorsDen.com provides AD Marketing Membership to you, subject to the
following AD Marketing Membership Agreement
("AMMA"), which may be updated by us from time to time without notice
to you. You can review the most current version of the AMMA at any time at:
AD Marketing Membership 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 AD Marketing
provided "AS-IS" and that AuthorsDen.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 AuthorsDen.com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, AuthorsDen.com has the right to
suspend or terminate your AD Marketing Membership and refuse any and all current or future use (or any portion thereof). AuthorsDen.com is concerned about the
safety and privacy of all its users, particularly children. Please remember that
AuthorsDen.com services are designed to appeal to a broad audience.
You acknowledge and agree that AuthorsDen.com may
preserve AD Marketing Member 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 AuthorsDen.com does not
pre-screen Authors, but that AuthorsDen.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 AD Marketing Membership Service or Members Den. You agree that you must evaluate, and bear all risks
associated with, the use of any AD Marketing Membership, including any reliance on the
accuracy, completeness, or usefulness of such AD Marketing Membership. In this regard, you
acknowledge that you may not rely on any AD Marketing Membership created by AuthorsDen.com or
submitted to AuthorsDen.com.
Membership dues maybe associated with any or all
AD Marketing Memberships. Payment of memberships are automatically scheduled as
they relate to the specific AD Marketing Membership Selected (monthly,
quarterly, annually). The credit or debit card that you provide as part of your
Registration Data will automatically and immediately be billed. Please note: If
you have received a free offer for a specific number of days, then you will not
be charged for the first time until after your free time period has ended. All
fees are non-refundable. All currency references are in U.S. dollars. If the billing service does not credit your AD Marketing
Membership payment on time, we will waive any related late charge. If the
billing service withdraws from your banking or financial institution account an amount
greater than the authorized payment, We will refund the difference to you,
including any reasonable fees incurred by You 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
- The service is unavailable for any
Author hereby grants AuthorsDen.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. AuthorsDen.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. AuthorsDen.com will discontinue all use of
Author's Trademarks promptly upon written addendum, termination or expiration of
Author warrants to AuthorsDen.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.
AuthorsDen.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 AuthorsDen.com's behalf. 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
AuthorsDen.com its officers, agents affiliates and employees from any claim or
demand, including reasonable attorneys' fees, made by anyone due to or arising
out of your AD Marketing Membership, post to or transmit through the AD
Marketing Membership Service, your use of
the AD Marketing Membership Service, your connection to the AD Marketing
Membership Service, your violation of the
AD Marketing Membership Service, or your
violation of any rights of another.
AuthorsDen.com reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the
AD Marketing Membership Service (or any part thereof) with or without notice.
AuthorsDen also reserves the right (but not the obligation) in their sole
discretion to add, edit, remove any or all content added to AuthorsDen site with
or without notice. You agree that AuthorsDen.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the AD Marketing Membership Service.
You will have the ability to cancel your AuthorsDen Marketing Membership 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 AuthorsDen Marketing Membership before the end of the term
for which you paid, you will not receive a refund.
You agree that AuthorsDen.com, in its sole
discretion, may terminate your membership account (or any part thereof) or use of the
AD Marketing Membership Service,
and remove, edit and discard any Member's account or posts within the AD Marketing Membership Service, for any reason, including,
without limitation, if AuthorsDen.com believes that you have violated or acted
inconsistently with the letter or spirit of AuthorsDen.com or the Membership
Service. AuthorsDen may terminate and delete accounts with extended periods of inactivity (over 5 years).
AuthorsDen.com may also in its sole discretion and at any time discontinue
providing the AD Marketing Membership, or any part thereof, with or without notice. You agree that
any termination of your access to the Membership under any provision of this
Membership Service may be effected without prior notice, and acknowledge and agree that AuthorsDen.com may
immediately deactivate or delete your AD Marketing Membership Account and/or bar any further access to
the AD Marketing Membership Service. Further, you agree that AuthorsDen.com shall not be liable to you or
any third-party for any termination of your access to the AD Marketing
It is understood and agreed by you, the Author
may engage other resources or use other services that have no connection with
AuthorsDen.com, and that in such case AuthorsDen.com is not responsible for the
availability of such resources or services, nor shall AuthorsDen.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 AD MARKETING MEMBERSHIP SERVICE IS AT YOUR SOLE RISK. THE AMMA
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AUTHORSDEN.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. AUTHORSDEN.COM MAKES NO WARRANTY THAT (i) THE
"AD MARKETING MEMBERSHIP SERVICE" WILL MEET YOUR REQUIREMENTS, (ii) THE "AD
MARKETING MEMBERSHIP SERVICE" WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE "AD MARKETING MEMBERSHIP SERVICE" WILL BE ACCURATE OR RELIABLE.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AUTHORSDEN.COM OR THROUGH OR FROM THE
"MARKETING MEMBERSHIP SERVICE" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
"MARKETING MEMBERSHIP SERVICE."
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
AUTHORSDEN.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 AUTHORSDEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MARKETING MEMBERSHIP
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 MARKETING MEMBERSHIP SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE MARKETING MEMBERSHIP SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE AMA.
This written Agreement shall constitute the
entire agreement between Authors and AuthorsDen.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
California, and any attempt to enforce this Agreement shall be brought in Santa
Clara County, State of California 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 the AMMA to AuthorsDen.com.