One Million Authors Terms and Conditions

1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the One Million Authors Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. These Terms and Conditions are effective as of January 1, 2010.

2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by One Million Authors) form a binding agreement (the "Agreement") between you and One Million Authors, LLC. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement:

One Million Authors Web Site" or the "Site: includes www.OneMillionAuthors.com in its entirety and its related sites owned or operated by One Million Authors, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.

Content: includes all Text, Graphics, Design and Programming used on the Site.

Text: includes all text on every page of the Site, whether editorial, navigational, or instructional.

Graphics: includes all logos, buttons, and other graphical elements on the Sites.

Design: includes the color combinations and the page layout of the Site.

Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.

Submission: refers to any posting to the Site.

Services: means any services provided on the Site by One Million Authors or its agents.

User: refers to any individual or entity who uses any aspect of the Site.

Member: means a User who has registered and submitted the registration fee to access secure portions of the Site and participate in Site activities such as Idea Submission and Voting.

"You" and "you":means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Acceptable Use of the Site.

4.1 General Use Rules. The Site is intended for individuals seeking to participate in a forum for developing novel content that may be published in the future. You may use this Site only for lawful purposes within the stated context of One Million Authors' intended and acceptable use of the Site. One Million Authors is the sole interpreter of the Site’s intended and acceptable use

4.2 License to Use by Users who are Members. One Million Authors hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use in participating in the submission of ideas and voting on submitted ideas for the purpose of developing content that may be published collectively in the future. You agree that you are solely responsible for the content of any Submission you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. One Million Authors reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

4.5 House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.

5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of One Million Authors or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, One Million Authors reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by One Million Authors' copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

6. Disclaimers and Limitations on One Million Authors' Liability.

6.1 Allocation of Responsibility. One Million Authors assumes no responsibility for Submissions posted by Members and no responsibility for the activities, omissions or other conduct of Members. One Million Authors acts as a portal for the online distribution and publication of Member submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Submissions posted by Members. If notified by a Member of a Submission which allegedly does not conform to this agreement, One Million Authors may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Submission. One Million Authors has no liability or responsibility to Users for performance or nonperformance of such activities. One Million Authors may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.3 No Guaranty of Results. One Million Authors is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Members. One Million Authors does not guarantee that Submissions posted by Members will result in content be included in the final publication.

6.4 WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ONE MILLION AUTHORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ONE MILLION AUTHORS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) ONE MILLION AUTHORS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ONE MILLION AUTHORS IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) One Million Authors makes no representations or guarantees regarding any Submissions posted by Members, or of any other form of communication engaged in by Members. Submissions may contain inaccuracies or typographical errors. You agree that any reliance on Submissions posted by Members, or on any other form of communication with Users, will be at your own risk.

(iii) One Million Authors makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE SUBMISSIONS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL ONE MILLION AUTHORS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY SUBMISSION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONE MILLION AUTHORS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ONE MILLION AUTHORS'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $1.99 IN THE AGGREGATE.

(d) IN NO EVENT SHALL ONE MILLION AUTHORS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$1.99).

(e) Due to the nature of this Agreement, in addition to money damages, you agree that One Million Authors will be entitled to equitable relief upon a breach of this agreement by you.

7. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by One Million Authors, One Million Authors shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.

8. Links to Other Sites. One Million Authors may contain links to third party web sites. These links, if provided, aresolely as a convenience to you and not as an endorsement by One Million Authors of the contents on such third-party web sites. One Million Authors is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

9. Amendments to this Agreement and Changes to Site. One Million Authors may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by One Million Authors unless One Million Authors agrees to them in a signed writing specifically including those new or different terms. One Million Authors may change the Site at any time.

10. Indemnity. You agree to defend, indemnify, and hold harmless One Million Authors (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Submission posted by you, or your breach of this Agreement. One Million Authors shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through One Million Authors’ on-line operations only. Please note, as set forth in the Privacy Policy, that One Million Authors may collect certain personal information from Members and may contact Members periodically in accordance with the terms of the Privacy Policy. In addition, One Million Authors reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Members.

12. Questions and Notices. Questions concerning the use of the Site should be directed to Contact. Notices shall be sent, for One Million Authors, to the address listed on the Site, and, for you, to the address submitted by you or such other address as One Million Authors reasonably determines is an appropriate address for you.

13. General. One Million Authors contact information is listed on the Site. The One Million Authors makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access One Million Authors from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of North Carolina. The sole relationship between You and One Million Authors is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by One Million Authors in a particular "Legal Notice," or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and One Million Authors.

Exhibit A -House Rules regarding Posting, Conduct and Security

One Million Authors is the sole interpreter of these rules. Members who violate these rules may have their access and use of the Site suspended or terminated, at One Million Authors' discretion and without compensation. One Million Authors reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.

A1. Submission Rules:

(a) Your Submission may not contain: (i) URLs or links to Web sites (to advertise your company or Web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Submission and hidden from the Member); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) Your submission must be your own content. Any content that you do not own or have the rights to post (including but not limited to copyright) may not be posted.

(c) Your submission may be included in a final publication. By posting a submission and subsequent related data, you grant One Million Authors as the Copyright Holder for the material posted including all rights and privileges. One Million Authors may use or modify any portion of your Submission as it sees fit for use in any future publications.

(d) You may not use your Submission(s) to: (i) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the Member); (ii) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.

(e) One Million Authors is under no obligation to monitor the Submissions posted on the Site, but it may monitor Submissions at random. Submissions found to violate the above Posting Rules may be removed at One Million Authors' discretion.

A2. Conduct Rules:

(a) You may not respond to submissions by other Members in any manner or for any purpose other than that which is facilitated by the Web site (i.e., vote on a submission, comment on a submission).

(b) You may not send unsolicited commercial email to Members.

(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify One Million Authors immediately of any unauthorized use of your registration and password.

(d) Report inappropriate postings or conduct to Contact.

(e) You may not delete any material submitted by any other member or entity.

(f) One Million Authors is under no obligation to monitor the conduct of its Members, but it may investigate and respond when violations are reported.

A3. Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

(b) Violation of these Security Rules may result in civil or criminal liability. One Million Authors will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

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