TERMS AND CONDITIONS FOR PREVIEW PLACEMENT
1. General A. This Agreement is made by and between The Columbus Group, LLC, a New Mexico Limited Liability Company, D.B.A. Preview the Book, and User. User affirms to be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions for Preview Placement, and to abide by and comply with this agreement. Preview the Book will provide User access to server space on the Preview the Book website for the User’s book preview (also known by other names such as: trailer, teaser, video, and multimedia production), including any or all materials related to the book title, the entire set of materials hereinafter referred to as the “Submission,” under the terms set forth in the “Preview Placement Form” on this website. The “Preview Placement Form,” these Terms and Conditions for Preview Placement and the Terms of Use found on this website constitute the entire Agreement.B. Preview the Book, through its own affiliate relationships with third party vendors, will automatically provide hyperlinks to these vendors in order to facilitate sale of User’s book.
2. Grant of License User grants to Preview the Book the world-wide, non-exclusive, revocable license to display and reproduce the Submission materials on its website, without changes except as may be required to fit the content in the space allotted, and on any promotional material Preview the Book may produce or distribute for the website, in any form, whether or not Preview the Book produces or distributes any promotional material. Preview the Book is under no obligation to produce or distribute any promotional materials for the website or any materials placed on the website. The license granted in these terms and conditions by the User is granted solely to Preview the Book and shall not be transferred by Preview the Book either voluntarily or by operation of law except that nothing contained in these Terms and Conditions shall apply to a sale of all or substantially all of Preview the Book’s business or assets.
3. Warranties, Indemnities and Restrictions A. User agrees to use the Preview the Book website only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. B. User shall be solely responsible for User’s Submission and the consequences of posting or publishing it. User warrants that User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Preview the Book to use of the Submission in the manner contemplated by the website and these Terms and Conditions of Preview Placement. User retains all ownership rights in User’s Submissions, including User’s trade names, trademarks, and service marks therein, and all legally protectable elements, derivative works, modifications, and enhancements thereto. B. User agrees and warrants that the Submission does not contain any material which may give rise to or is the subject of a notice of claim of any Lanham Act violation, false designation of origin, or unfair competition under the law of any jurisdiction. User also agrees and warrants that the Submission does not contain and is not alleged to contain any content, work, name, mark, designation or materials of any kind that actually or potentially violate any applicable law or regulation or infringes any proprietary, intellectual property, contract, or tort right of any person. User agrees not to engage in any misrepresentations that could damage Preview the Book or any third party. User agrees to indemnify and defend Preview the Book in any claim brought against Preview the Book relating to Submission for use on the Preview the Book website. User’s duty to indemnify and defend shall remain in effect even if this agreement is terminated.C. Each Submission must be related to a book currently being marketed. The book may be available in any of the following formats: Print or Print on Demand, Audio, or E-book. D. Preview the Book reserves the right not to upload to its website any Submission that violates the Terms and Conditions of this Agreement and to remove any Submissions without prior notice. Preview the Book may remove such material at any time, without prior notice and at its sole discretion.
4. No Grant of Authority Neither party by virtue of the Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
5. Notices Notices or correspondence may be sent to Preview the Book by email to: customersupport@previewthebook.com.
6. Disclaimer Your use of this site is at your own risk. The content is provided “as is” and “as available” without warranties of any kind, either expressed or implied. Preview the Book disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Preview the Book does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Preview the Book does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Preview the Book may at its sole discretion make changes or improvements at any time without notice. User, and not Preview the Book, assumes the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of space at this site or using its content.
7. Waiver No oral waivers of any of the terms of the Agreement shall be permitted. Failure to enforce any term shall not be considered as a waiver as to the other terms of the Agreement.
8. Limitation on Liability In no event shall Preview the Book be liable to User or any other person for any indirect, incidental, consequential, or punitive damages, including loss of profit or good will, for any matter arising out of or relating to this Agreement and its subject matter.
9. Choice of Law and VenueThese Terms and Conditions are entered into in the State of New Mexico and shall be governed by and construed in accordance with the laws of the State of New Mexico, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Bernalillo in the State of New Mexico, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.
10. Severability In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Effective 9-30-08
