SOBOL AWARD
WEB SITE TERMS AND CONDITIONS
Welcome to the web site, www.sobolaward.com (the “Web site”). The Web site is owned and made available to you by Sobol Literary Enterprises, Inc. (the “Company”, “we” or “us”).
your access and use of the web site is subject to these terms and conditions and all applicable laws, rules and regulations. by accessing or using any part of the web site, you acknowledge that you accept these terms and conditions. if you do not agree with all of these terms and conditions, you may not use any portion of the web site.
Authorized use of the Web site: The Web site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Web site requires our prior written consent.
Registration and Passwords: You may access the Web site without providing any personal information, but in order take advantage or certain features, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use under such passwords. We may suspend or terminate your access at any time with or without notice.
Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.
Unauthorized Use of the Web site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. Further, you may not use any such automated means to manipulate the Web site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Web site to any third party.
Blogs/Chats/Postings – Acceptable Use Policy: This Web site may provide you with an opportunity to express your personal opinions regarding various topics or posting comment or content.
When using such features, you expressly agree that:
(1) you have the right to post all such information and materials,
(2) all opinions expressed are genuinely held based upon your own analysis, experiences, beliefs or research,
(3) you will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation.
You hereby grant us a perpetual license to use, redact, republish, copy and distribute your postings, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you. You agree to be solely liable for the content all of all information posted by you.
Proprietary Rights: We are the exclusive owner or authorized licensors of the Web site, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You may print or download (if downloads are expressly permitted) one copy of materials from the Web site for the uses permitted by these Terms and Conditions. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by
No Warranties: THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Web site during the prior twelve (12) months or (ii) ten dollars ($10).
Changes: We may change, suspend or terminate the Web site at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Web site, and you should check for such changes frequently. Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any posting you make to the Web site, (iii) your use of materials or features available on the Web site (except to the extent a claim is based infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law.
International Access: Our Web site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web site. We make no representations regarding the legality of this Web site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law: The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE.
Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Web site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Web site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web site.
If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Howard Love, Administrator
Sobol Literary Enterprises
450 7th Avenue
New York, NY 10123
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at www.sobolaward.com