You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in the Site.
Other sites may link to this Site only through a plain-text link. Permission must be granted by us for any other type of link to the Site. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Story Submission Terms
Your story submission (or submissions-plural) constitutes an “agreement” that you understand and will follow the guidelines, submission terms, conditions and usage policies set forth herein. Generally, you as a contributor are submitting written material (and the rights to publish that material) to MemoirsByMe.com for dissemination to Web site visitors and consumers by any other medium or means including, but not limited to a variety of electronic and traditional print mediums, now and as may be developed (invented) or otherwise utilized in the future, such as: Memoirs By: Me books and e-books (electronic books), e-zines (electronic magazines), newsletters, promotional materials, reports, and any other medium or manner in which MemoirsByMe.com (hereinafter to include any subsequent publisher or assign, affiliate or associated enterprise) may in its own best judgement strive to efficiently reach and serve its audience(s).
II. ACKNOWLEDGEMENT OF INSTRUCTIONS AND SPECIAL NOTICE
In order to manage submissions and the wishes of those who submit stories certain instructions have been provided on various forms and Web pages designed to collect submissions; these instructions are hereby acknowledged as received by you. While MemoirsByMe.com shall endeavor to respect the wishes of every submitter, this section shall not be construed as a promise or guarantee of performance on the part of MemoirsByMe.com relative to any possible error, omission, or other failure to manage the submission or satisfy the wishes of a submitter, due to a human, technological or other reason whatsoever. The following “Special Notice” is to be considered particularly relevant to this section:
Text passages that you provide in MemoirsByMe.com Story Submission Form’s Your Story box may be reproduced exactly as they are submitted:
1) Do not mention the name of any person or organization, or provide other details that you would not want to appear in a subsequent published story.
2) If you do want your name and/or any organizational affiliation to appear as part of your published submission then you must include that information in the Biographical Information box; any story without a submitter’s name directly within the Story Submission Form’s Biographical Information box will be considered as an anonymous submission.
III. PERMISSION GRANTED
By submitting your story to MemoirsByMe.com you are granting your permission and all necessary rights under U.S. and International Copyright Conventions to publish your material. If you do not agree to the terms and conditions set forth herein: do not submit any story or stories. You are giving permission for your stories to be reprinted in electronic, print publications, and any other media which MemoirsByMe.com utilize, now and in the future, as outlined in the above INTRODUCTION section; the rights you are granting are irrevocable and in perpetuity. Any person or entity that sends any submission also warrants that they are the rightful copyright owner, creator, or author of any material that is submitted, with the full legal authority to convey the publication rights specified herein.
IV. BIBLIOGRAPHIC ACKNOWLEDGEMENTS AND COMPENSATION
It is MemoirsByMe.com's policy to properly acknowledge the source of submissions and other content in any publication (in some cases, that may mean material from an anonymous, protected, or unknown source—nevertheless, these too are acknowledged). Such acknowledgements, the satisfaction derived from submitting one’s own story (including an account of experiences or knowledge of experiences involving other persons) for possible publication, and any other benefits or intrinsic rewards that may accrue to those who submit material shall be considered value received and compensation in full for such submissions made to MemoirsByMe.com.
V. EDITORIAL PRIVILEDGES AND DISPLAY
MemoirsByMe.com reserves the right to make formatting adaptations, editorial changes, and other decisions that affect the publication and display of all submitted stories and content at its sole discretion. Examples may include (but are not limited to):
1) Copy editing to implement any corrections that may be necessary to eliminate typos or grammatical errors (notwithstanding this editorial privilege granted to MemoirsByMe.com, submissions that fail to meet acceptable standards may be rejected entirely).
2) Story submissions are not automatically granted publication or display space, and any publication is at the sole discretion of MemoirsByMe.com.
3) MemoirsByMe.com may determine if, where and how to display information about the authorship, acknowledgements associated with any story, story content or portions thereof, depending on the particular type of publication, display constraints, or aesthetic considerations that may apply, as determined by MemoirsByMe.com.
4) Story submissions should preferably include story accounts in their entirety within the Your Story box; Story Submission Forms should also provide pertinent information about the submitter such as: full name, organizational affiliation, contact information, Story Category, and any additional comments, so as to provide a complete record, facilitate the handling of submissions, etc.
5) All aesthetic, design, and layout decisions are at the discretion of MemoirsByMe.com because factors such as page count, font choice, line spacing, arrangement and other design decisions do ultimately affect development and publication costs, usability, and desirability in every medium, whether it may be traditional print or electronic in nature.
6) While MemoirsByMe.com will naturally attempt to continually maintain current and relevant information as part of its service to its users, it is under no obligation to do so. In connection with the issues surrounding information maintenance expressed in this section, it is further understood that MemoirsByMe.com shall also have the right to provide indexing and/or organize stories in any manner it deems appropriate, and may categorize stories by topic, date, or any other hierarchical pattern or in random order, including that which may ultimately be held in archives.
VI. CONTACT RIGHTS FOR CLARIFICATION AND NOTIFICATION
Relative to items 1 and 2 in this section, below, MemoirsByMe.com hereby has your permission to contact you through the information provided by you, including e-mail, surface mail, telephone or other form of communication. Your contact information shall not be sold, shared with any other entity that is not a party to the undertakings of MemoirsByMe.com, i.e., one that is directly involved with MemoirsByMe.com-related content, or utilized for purposes other than those expressed in this section. Notwithstanding the provisions of this section, if you feel that you may be unwilling or unable to cooperate with any such effort to communicate as described below, MemoirsByMe.com would prefer that you withhold your story submission altogether:
1) By submitting your story you are indicating a wish to convey information in the form of a story account to be shared publicly with others. Because some submissions may require clarification due to the imprecise nature of communication through the written word, you are also granting MemoirsByMe.com permission to contact you for purposes of clarifying any aspect of your story. As has been suggested, if you feel that you may be unwilling or unable to cooperate with any such effort to clarify a story submission of yours, MemoirsByMe.com would prefer that you withhold your story submission altogether. Further, due to the time-consuming and costly nature of contacting individuals to clarify story submissions, MemoirsByMe.com hereby indicates a preference toward avoiding such contact, as would occur in instances where stories do not need or otherwise appear to require any further clarification.
2) It is MemoirsByMe.com's expectation that any individual who submits a story for public dissemination may also wish to, and/or be willing to, receive notification(s) about the subsequent publication of his or her submitted material as well as other publishing related news, activities and undertakings of MemoirsByMe.com (or that of a subsequent publisher or assign, etc., of MemoirsByMe.com-related content, as indicated in the INTRODUCTION section, above). Your story submission constitutes your consent to receive such notices; however, these rights of notification shall not be construed as an obligation on the part of MemoirsByMe.com to provide such notices.
Notwithstanding any of the rights, privileges or other provisions herein, in submitting any story, you are agreeing to INDEMNIFY, protect, and hold harmless MemoirsByMe.com, its affiliates, business associates, any subsequent publisher or assigns, from any and all claims that may arise from any false, misleading, inaccurate, libelous, defamatory, negligent, erroneous, or any and all other statements, inferences, or claims that you may make.
VIII. ENTIRE AGREEMENT
The terms and conditions expressed in sections I. through VIII. hereunder constitute an entire agreement between you as a story submitter and MemoirsByMe.com. By submitting your story, you are agreeing to our terms; if you do not agree to these terms, do not submit your story.
We welcome your comments about the Site. Story submissions are only accepted when submitted using the appropriate Submission Form. Beside these two venues, we will not review or consider any unsolicited creative submissions. Please refer to the Story Submission Terms regarding story submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
A "forum" means any message board, chat room, user review forum or other interactive service appearing on the Site and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Site in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the Site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
By posting on the Site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on the Site.
We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that we in our discretion believe is inappropriate.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
The Site is not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Statement.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of Virginia, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Virginia Arbitration Association and will be arbitrated in Virginia. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a written document signed by both parties.
(Last modified on June 10, 2007.)
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