TERMS AND CONDITIONS

 

DESCRIPTION

Welcome to fromtheirpov.com web site (the "Site or in a printed published book") The term "From Their Point of View" or "us" or "we" or "our" refers to fromtheirpov.com, a website operated by TheNextBigWriter, LLC. The term "you" refers to the user or viewer of the Site or in a printed published book, including writers and reviewers.

ACCEPTANCE OF TERMS

Your use of the Site or in a printed published book is subject to the terms of this User Agreement, as updated by us from time to time, and the then current rules and policies posted on the Site or in a printed published book, all of which are hereby incorporated by reference. We will endeavor to notify you of changes to the User Agreement by posting to the main page of the Site or in a printed published book 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 User Agreement. The most current version of the User Agreement is posted at the bottom of the page on the Site or in a printed published book. In the event of any conflict or inconsistency between the terms of this User Agreement and the rules and policies posted on the Site or in a printed published book, the Site or in a printed published book 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 "From Their Point of View's USE OF CONTENT SUBMITTED BY WRITERS AND RIGHTS OF WRITERS" without your consent.

From Their Point of View's USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS

The provisions of this Section apply to site members.

A. By submitting material to any area of the Site or in a printed published book, you automatically grant From Their Point of View non-exclusive rights to display the work on the Site or in a printed published book or in a printed published book at no charge to From Their Point of View.

B. You grant From Their Point of View 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 or in a printed published book by writers for the purpose of promoting your work, From Their Point of View or the Site or in a printed published book.

C. You acknowledge and agree that From Their Point of View may preserve work you post to the Site or in a printed published book 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 User Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of From Their Point of View, its owners or operators or third parties.

In addition as specifically described above, we retain all rights to the work you post to the Site or in a printed published book. From Their Point of View may submit the work of Users Submissions for publication or publish it to the general public. By posting your work to our Site, From Their Point of View retains the freedom of Users Submissions to market, publish, or sell work they post to the Site. From Their Point of View may from time to time establish additional forms of rights management and ownership programs applicable to work posted to the Site or in a printed published book.

RESPONSIBILITY FOR THE CONTENT YOU POST

You understand that all work and communication posted to the Site or in a printed published book, including work posted by authors and other content posted (“Your Content") is the sole responsibility of the person from which such Content originated. This means that you, not From Their Point of View, are entirely responsible for all Content that you post or otherwise make available via the Site or in a printed published book.

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. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of From Their Point of View, and you agree not to use the Site to promote other on-line services that are competitive with From Their Point of View or the Site.

COPYRIGHTED MATERIAL

From Their Point of View owns the copyright in all aspects of the Site or if content is printed and published in a book original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Site or the printed published book, as well as in From Their Point of View's original content on the Site or in the printed published book.

POSTING OF CONTENT

You shall not post or otherwise make available on the Site or in a printed published book any material which is protected by a copyright, trademark or other proprietary right other than your own. 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 User Agreement or your membership to the Site or in a printed published book.

It is From Their Point of View's policy to terminate the accounts of members who are repeat infringers or are repeatedly charged with infringement.

YOUR USE OF CONTENT

You may make a single copy of Content posted to the Site or in a printed published book by Users 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 or per the From Their Point of View Limited Editions purchase agreement, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of From Their Point of View 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 may acquire ownership in Limited Editions as spelled out in the From Their Point of View Limited Editions purchase agreement. You shall not use Content or the Site or in a printed published book in any manner except as expressly permitted by this User Agreement or any rules and policies posted on the Site or in a printed published book.

COPYRIGHT DISPUTES

You agree that the enforcement and arbitration of copyright disputes on the Site or in a printed published book will be governed by the Copyright Policy posted on the Site or in a printed published book.

CHANGES TO THE SITE

All features of the Site or in a printed published book are subject to availability, and From Their Point of View and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site or in a printed published book. From Their Point of View may, at any time, without liability, change or discontinue any aspect or feature of the Site or in a printed published book 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 "From Their Point of View's USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS" without your consent.

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

Users of the Site or in a printed published book are required to complete the Site or in a printed published book's registration process. Your membership to the Site or in a printed published book is not transferable or assignable except to beneficiaries of From Their Point of View Legacy or valid Premium accounts upon death. 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 or in a printed published book 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 From Their Point of View of any unauthorized use of your password or account or any other breach of security by e-mailing the From Their Point of View administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. From Their Point of View 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 User Agreement and all other rules and policies posted on the Site or in a printed published book; (b) honor the requests made by From Their Point of View and its agents with respect to your actions on the Site or in a printed published book; (c) provide us with accurate, complete registration information, including your age of consent, when registering as user of the Site or in a printed published book; and (d) check for updates and update notices of the User Agreement and the rules and policies posted on the Site or in a printed published book.

THIRD PARTY CONTENT

From Their Point of View does not control or monitor the Content posted via the Site or in a printed published book and does not guarantee the quality of such Content. The Site or in a printed published book Content is supplied by third party members of the Site or in a printed published book and not the owners or operators of From Their Point of View or the Site or in a printed published book. 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 From Their Point of View. Neither From Their Point of View or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Site or in a printed published book by anyone other than authorized From Their Point of View employees or agents. You understand that by accessing the Site or in a printed published book, you may be exposed to Content that is offensive, indecent or objectionable.

LINKS TO OTHER WEB SITES

The Site or in a printed published book may contain links to other web sites. Inclusion of any linked web site to our Site or in a printed published book 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 or in a printed published book.

TERMINATION

You agree that From Their Point of View may, in its sole discretion and without liability, terminate your membership to the Site or in a printed published book or remove and discard any Content with or without notice if From Their Point of View believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the User Agreement or the Site or in a printed published book rules and policies or that your activity interferes with the proper use of the Site or in a printed published book by others. From Their Point of View may also terminate your account or remove content if there is a legal dispute or for other legal reasons. All provisions of this User 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  "FROM THEIR POINT OF VIEW", 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  "FROM THEIR POINT OF VIEW" OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING 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  "FROM THEIR POINT OF VIEW" WRITING COMPETITIONS OR THE PRO REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER  "FROM THEIR POINT OF VIEW" 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  "FROM THEIR POINT OF VIEW" AND ITS AFFILIATED 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  "FROM THEIR POINT OF VIEW" OR ITS AFFILIATED PARTIES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS  "FROM THEIR POINT OF VIEW" 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 OR YOUR PARTICIPATION IN ANY  "FROM THEIR POINT OF VIEW" WRITING COMPETITION.

MISCELLANEOUS

This User Agreement and any rules and policies, as amended from time to time, that are established by From Their Point of View and posted on the Site or in a printed published book 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 or in a printed published book, the Content, and the subject matter of this User Agreement. This User 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 User 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

From Their Point of View and each of its logos are trademarks of TheNextBigWriter, LLC. All rights reserved. Trademarks appearing on the Site or in a printed published book are the property of their respective owners.

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