Effective Date: April 12, 2017
1. AGREEMENT. These terms of service represent a binding agreement between the end user (“You”) and AuthorGravity.com (the “Site”). By using the Site, or any services provided with the use of the Site, You agree to these Terms of Service, including any amendments as may be made by Author Gravity (the “Company”) pursuant to this agreement. The Company will post a notice on the Site any time these Terms of Service may be changed, amended, or otherwise updated.
3. GOVERNING LAW. This Agreement and these Terms shall be construed in accordance with and governed by the laws of New York, without reference to their rules regarding conflicts of law. By using this Site, You irrevocably consent to the exclusive jurisdiction of New York in all disputes arising out of or related to the use of this Site. Any court action shall be commenced in a court of competent jurisdiction located in Jefferson County in the State of New York in any dispute not subject to arbitration arising out of the use of this Site. You hereby irrevocably consent to this exclusive choice of jurisdiction and agree that service of process upon you anywhere shall subject you to the jurisdiction of the above referenced venue.
4. AGE RESTRICTIONS. This Site is intended only for adult users age 18 and older. If You are under the age of 18, You are strictly prohibited from using this site and the accounts of any such person shall be terminated and discontinued upon the discovery of such information.
5. USE OF THE SITE. This Site may be viewed or otherwise utilized by human users for the purposes of entertainment and education. No person utilizing this Site may copy, decompile, reverse-engineer, disassemble, or otherwise convert the material contained on this Site to non-human readable form. All material contained on this site is protected by copyright law, including the Berne Convention. Any and all trademarks and logos contained on this Site are owned exclusively by the Company or their licensors. You may not copy or otherwise utilize them in any manner not consistent with viewing, or listening to the same on this Site, except that those audio, video or other files served via third-party service providers, or incorporated into a syndicated feed made available by this Site may be viewed or listened to using appropriate means, including, but not limited to, by way of example on YouTube for videos that may be embedded from that site, or via a podcatcher application or other audio application as may be appropriate for the audio files contained on this Site. The content included on this Site is available and licensed for the personal and noncommercial use of its end users in a manner consistent with viewing or listening to the content. No grant of rights to copy, distribute, or otherwise disseminate the materials contained on this Site is granted, except as may expressly be provided pursuant to the terms and conditions of individual products which will provide such terms in writing to the purchasers or users of such individual products.
6. USER GENERATED CONTENT. You hereby grant the Company, its successors, heirs, and assigns a nonexclusive, perpetual license to use the materials you post to the Site or its service, throughout the universe. By posting or otherwise transmitting material, including content from any medium known or hereafter discovered, (“User Generated Content”) to the Site, You are granting the Company, its successors, heirs, assigns, affiliates, employees, officers, agents, and consultants a license to the User Generated Content which allows it to use such content in any manner it deems appropriate. Included amongst those rights by way of example, but not limitation, are a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and create derivative works from such User Generated Content. You expressly agree that the Company may publish or otherwise disclose your name and likeness including any pseudonyms in connection with your User Generated Content. By posting such User Generated Content, you represent and warrant that you own all rights to such content and are authorized to post, distribute, display, publicly perform, transmit, distribute, or otherwise disseminate such User Generated Content. You represent and warrant that no content posted by You shall be libelous, slanderous, pornographic, abusive, threatening or in any way defamatory. You represent and warrant that no content posted by You advocates criminal conduct or violence, and that no content You post shall give rise to civil liability, or in any way be violative of any laws or regulations.
7. JURISDICTIONAL LIMITATIONS OF USE. This Site is controlled and operated by the Company from its offices located in Jefferson County, New York. The domain name of this website is registered in the State of Georgia and the Site is hosted on servers located in the State of Arizona. The intended audience for this Site is comprised of individuals resident within the United States of America. The Company expressly disclaims any representation as to the appropriateness of the material contained on this Site for individuals residing in other locations. By accessing the Site from outside the United States of America you expressly waive any rights or privileges granted to you by your local jurisdiction, and represent and warrant that any transactions you may engage in are expressly governed by the laws of the State of New York. You further acknowledge that because of the nature of this Site it was not purposefully availing itself of any benefit or privilege of conducting business in any jurisdiction other than the State of New York. You represent and warrant that your use of the Site is not prohibited by local law, and that your use of the Site does not violate any laws governing the United States of America. You further represent and warrant that your use of the Site is not violative of any international sanctions. In the event of your breach of these conditions, Company may terminate your accounts.
8. DIGITAL MILLENNIUM COPYRIGHT ACT. The Company operates in accordance with certain Safe Harbor provisions of the Digital Millennium Copyright Act. As a publisher, the Company respects intellectual property rights, including third-party copyrights, and does its best to protect these rights. If You are the owner of copyrighted material that you believe has been posted to the Site in violation of your rights, You should contact Company in accordance with the Company’s Digital Millennium Copyright Policy made available through the “DMCA” link located on this page. The Company will respond to all takedown notices and counter-notices made in compliance with the DMCA and remove any offending material in a timely manner. The Company reserves the right to terminate the account of any user whose User Generated Content is violative of third-party copyrights, and may delete any such content from the Site.
9. TERMINATIONS. The Company reserves the right to terminate any account and restrict access to the Site for any user who violates these terms. The Company further reserves the right to block or restrict access to any user who interferes with the regular functioning and operation of the Site or acts in a manner which is harmful to the experience of other users of the Site.
10. NO WARRANTIES. THIS SITE IS PROVIDED WITHOUT WARRANTY. THE COMPANY MAKES THE SITE AVAILABLE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE COMPANY, ITS SUPPLIERS, NOR LICENSORS MAKE ANY WARRANTY THAT THE SITE WILL BE ERROR FREE OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED.
11. LIMITATION OF LIABILITY. THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY TO YOU IS LIMITED AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, REGARDLESS OF THE FORSEEABILITY OF THOSE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE THEORY OF SUCH DAMAGES ARISE IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY THAT MAY FORM THE BASIS OF AN ACTION.
12. THIRD PARTY SITES. The Company exercises no control over, and has no liability for any third party websites or materials connected with the use of the Site. The Company conducts its operations with a number of other sites, including partners, affiliates, and non-affiliated sites that may be linked to the Site or from the Site. The Company exercises no control over the availability of material linked to third-party sites and exercises no control over the operation or functionality of those sites. You understand that the Company is not responsible for the content or operation of third-party sites, and makes no warranties as to the suitability of material included on such third-party sites.
13. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend the Company, its affiliates, partners, officers, employees, consultants, agents and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorneys fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity, or damages caused to the Company or the Site by your actions or omissions or by the actions or omissions of any other user of your account.
14. OWNERSHIP, COPYRIGHTS AND TRADEMARKS. This agreement in no way transfers any interest in intellectual property from the Company to You. All content included on this website is Copyright Author Gravity, 2017 or later. All rights reserved. All right, title, and interest in any material licensed by the Company remains with the original owner, and appears on the Site pursuant to the terms of the Company’s license agreements. No rights under such licenses extend any rights to You. AuthorGravity.com is a trademark and service mark of the Company. Any logo, graphic, or trade dress associated with the Site is a trademark of the Company, except those logos, or designs licensed to the Company by third party owners which remain the trademark of their original owner. Your use of the Site grants you no right or license to reproduce or otherwise use any Copyright or Trademark material, whether such material is owned by the Company or a third-party.
15. DISPUTES. Any dispute or claim relating in any way to your use of the Site, or to any products or services sold by the Company will be resolved by binding arbitration, rather than in court, except that either party may assert claims in small claims court if the claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Jeremy L. Barlow, Esq. at the address below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedure for Consumer-Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Company will seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the locality outlined in section 3 above, or at another mutually agreed location.
The Company and You each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both parties waive any right to a jury trial. The Company and You both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jeremy L. Barlow, Esq.
26000 US RT 11
SUITE 1 PMB 259
Evans Mills, NY 13537
16. PROHIBITED USES. The Company imposes certain limitations and restrictions on how You may use the Site and its related services. You are prohibited from circumventing or attempting to circumvent or otherwise breach any security features of the Site and its related services, including without limitation, (1) accessing private, encrypted or hidden data not intended for You, or logging into a server or account that you are not specifically authorized to access, including any non-public facing elements of the company’s Site; (2) probing, or attempting to probe, scan, or test the vulnerability of the Site and its related services, or any associated network or system, including any effort to breach the security features of the Site or authentication measures without specific written authorization from the Company to perform such actions; (3) engaging in any activity which interferes or attempts to interfere with the Site and its services to any user, host, or network, this includes, without any limitation, any effort to submit a virus to the Site or its related service or third-party service providers, any effort to deliberately overload the Company’s servers, or cause excessive utilization of Site resources, such as “flooding” or “spamming;” (4) any attempt or effort to use the Site or its related services to send unsolicited e-mail, including, without limitation, promotional materials, advertisements, and lewd or pornographic material, or any other similar material; (5) fraudulently spoofing or counterfeiting any TCP/IP packet header or any part of the header information of any e-mail or in any posting using the Site; or (6) any effort to modify, change, alter, decompile disassemble, reverse-engineer, or otherwise create a human readable version of the source code for the site, except that You may view the html source code as it is readily accessible from standard web browsers. Any effort to violate the integrity of the Site, its systems, and/or network security may subject you to civil and/or criminal liability. In the event the Company commences an action in tort for any unauthorized “Hacking” (as generally defined including malicious or unauthorized intrusion into a computer system, denial of service attacks and similar malicious actions) of the Site against You and You are found liable, You agree that You will be responsible for the payment of the Company’s attorneys’ fees and costs of the action.
The Company specifically reserves the right to forgo arbitration and commence an action in tort and contract against any user for the unauthorized “Hacking” (as generally defined including malicious or unauthorized intrusion into a computer system, denial of service attacks and similar malicious actions) of the Site in a court of competent jurisdiction. In the event the Company is successful in an action for damages in tort or contract related to such “Hacking,” You agree that You will be responsible for the payment of the Company’s attorneys’ fees and costs of the action.
17. SEVER-ABILITY. If for any reason, a court of competent jurisdiction finds any term or condition of this agreement to be unenforceable, all other terms and conditions will remain in full force and effect without regard to such clause.
18. AMENDMENT. The Company reserves the right to amend these Terms from time to time. In the event the Company seeks to amend or otherwise change these Terms, the Company will post such amendments on its homepage, and post the date of such changes, along with the new Terms of Service on this page. The Company will provide a link to an archival copy of the previous Terms of Service, and provide documentation explaining what changed. The Company may make any such changes in its sole discretion. These changes will effect the nature of relationship between You and the Company in all future dealings, and will effect any prior dealings if you agree to the change.
The terms which are most likely to change are provisions included within Section 3, the Governing Law of this agreement, specifically those portions pertaining to the Venue of any actions which may commence pursuant to this agreement, and Section 15 Disputes, again specifically those portions pertaining to the appropriate Venue for any arbitration. As the Company grows and its operations change, it is possible that the location of its offices may change, and the appropriate Venue for any disputes would naturally change with any such move. You specifically agree that the Company may change the appropriate Venue for any court or arbitration action to a more appropriate Venue in the event its offices relocate, without any specific notice to you or further agreement by you.
19. WAIVER. No waiver of any breach of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of these Terms of Service, and no waiver shall be effective, unless such waiver is made in writing and signed by an authorized representative of the party waiving such rights.
20. MISCELLANEOUS. This agreement constitutes the entire agreement between You and the Company concerning your use of the Site. The Company reserves the right to transfer the ownership of the Site and all information pertaining to the site, including any information obtained from You as a user, including any personally identifying information to any successors, heirs, or assigns as the Company determines is appropriate. Further, the Company reserves the right to change the Site or terminate the services offered through the Site at any time in its sole discretion.