Submission Policy and Agreement
Our Policy: PublicBookshelf.com (hereinafter referred to as "PublicBookshelf.com" and/or "PBS") does not accept, consider or review unsolicited creative ideas, formats, stories, suggestions or materials (hereinafter referred to as "Material") unless the person submitting such Material has acknowledged his or her acceptance with this PBS Manuscript Submission Policy and Agreement (hereinafter referred to as the "Agreement").
This Agreement is between you and PublicBookshelf Corporation. By clicking "I accept" below, you are requesting PBS to read and evaluate your Material either at this time or at some time in the future and you specifically acknowledge that PBS would refuse to accept, consider or otherwise review the Material in the absence of your acceptance of each and all provisions of this Agreement and that your submission of the Material to PBS and PBS's acceptance, consideration and/or review of the Material is sufficient consideration to cause this Agreement to be legally binding and enforceable on each of us. You acknowledge and agree that PBS has no obligation whatsoever to review the Material or to notify you if PBS does not wish to use the Material.
Further, by clicking "I accept" below, you signify your agreement to PublicBookshelf.com's Terms of Use, which is published at http://www.PublicBookshelf.com/terms_of_use (and incorporated herein by this reference), and PublicBookshelf.com's Privacy Policy, which is published at http://www.PublicBookshelf.com/privacy-policy (and incorporated by this reference). If you do not agree to any of these terms, you cannot register as an Author and/or submit your Material.
1. Confidentiality:
You understand and agree that PBS does not undertake to consider the Material in confidence. You have not previously submitted or disclosed the Material to PBS, and PBS has not made any prior inducements, promises, or representations to your regarding the Material. PBS shall not be under any obligation whatsoever if PBS does not desire to use the Material. You acknowledge that no fiduciary or confidential relationship now exists between you and PBS, and you further acknowledge that no such relationships are established between you and PBS by reason of this Agreement.
2. Term and Modification of Agreement:
(a) In the event that PBS chooses to extend an offer to use the Material to you, which choice is in PBS's sole discretion, then you may become an Author. Except as provided for herein, this Agreement will remain in full effect only while you are an Author. PublicBookshelf.com may terminate your status as an Author at any time, for any reason in its sole discretion, without warning.
(b) PublicBookshelf.com may modify its Agreement from time to time and such modification shall be effective upon posting by PublicBookshelf.com on the PublicBookshelf.com website. You agree to be bound to any changes to the Agreement when you use the website after any such modification is posted.
3. Material:
(a) You represent and warrant that you are the author of the Material, that you are the present and sole owner of all right, title and interest in and to such Material, that you have exclusive, unconditional right and authority to submit and/or convey such Material to PBS upon the terms and conditions set forth herein, that no third party is entitled to any payment or other consideration as a condition to the exploitation of said Material.
(b) You shall be solely responsible for your own Material and the consequences of posting or publishing it. In connection with the Material, you affirm, represent and/or warrant that: (i) you own or have the necessary licenses, digital rights, consents and permissions to use and authorize PublicBookshelf.com to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all Material to enable inclusion and use of the Material in the manner contemplated in this Agreement; (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the Material to enable inclusion and use of the Material in the manner comtemplated under this Agreement.
(c) In connection with Material, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant to PublicBookshelf.com all of the digital license rights granted under this Agreement; (ii) publish submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or impersonates another person.
(d) PublicBookshelf.com does not endorse any Material or any opinion, recommendation, or advice expressed therein, and PublicBookshelf.com expressly disclaims any and all liability in connection with Material.
(e) If the Material that You are submitting includes material in the public domain or material owned by a third party, you understand and agree that PBS will have the same rights to, or rights to acquire, such material which members of the public may have and/or which PBS presently has or may hereafter acquire. Neither your submission of the Material to PBS nor anything else in this Agreement shall be deemed to limit or restrict PBS's freedom, or obligate PBS to you, in such regard, nor prohibit PBS's use, without obligation to you, of materials submitted to, acquired, or created by PBS prior to or after your submission of the Material to PBS hereunder.
4. PBS's Use of the Material:
(a) PublicBookshelf.com does not claim any ownership rights in the Material. In the event that PublicBookshelf.com chooses, in its discretion, to publish the Material, you will be asked to agree to a publishing agreement which will specify the terms of hosting, sharing and/or publishing such Material on PublicBookshelf.com
(b) If PBS desires to use the Material submitted by you in any media, then PBS shall notify you thereof, and you and PBS shall negotiate in good faith for the execution of an express contract for the acquisition by PBS of any and/or all rights in the Material which PBS may desire to acquire.
(c) You acknowledge that PBS's use of other material containing elements similar to or identical with those contained in your Material shall not obligate PBS to negotiate with you nor entitle you to any compensation if PBS has or acquires an independent right to use such other materials.
(d) You are solely responsible for your own Material and PublicBookshelf.com cannot take responsibility for your Material. If your Material violates this Agreement, is offensive, illegal or violates the rights (including, without limitation, intellectual property rights), harms or threatens the safety of any person, is pornographic, obscene or defamatory, PublicBookshelf.com reserves the right to remove it and terminate your privileges as an Author.
5. Retention of Material:
You have retained a copy of the Material, and you agree that PBS shall not have any obligation to return to you the copy submitted to PBS and that PBS is not responsible for any loss or damage thereto. If PBS chooses to return the Material to you, you understand that such return does not terminate or affect the rights or obligations under this Agreement.
6. Establishing an Account:
In order to access certain features of the website, you will need to become an Author (as that term is used in this Agreement) by creating an account. In the event that you use a penname, you must set up a separate account for each penname. You may not use any Author's account without that Author's permission. When creating your account, you must provide accurate and complete information. Please choose carefully the information that you provide in your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. PublicBookshelf.com expressly reserves the right to terminate your account and/or restrict, suspend or terminate your access to any part of the website if PublicBookshelf.com determines, in its sole discretion, that you pose a threat to PublicBookshelf.com or its users or Authors. You must notify PublicBookshelf.com immediately of any breach of security or unauthorized use of your account. Although PublicBookshelf.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PublicBookshelf.com or others due to such unauthorized use. You acknowledge that PublicBookshelf.com reserves the right to charge for use of PublicBookshelf.com and change its fees from time to time in its discretion.
7. Your Use of This Website:
Please do not use this website in connection with any commercial endeavors except those that are specifically endorsed or approved by PublicBookshelf.com. PublicBookshelf.com reserves the right to cancel your privileges as an Author if you use this website in an unauthorized manner. PublicBookshelf.com does not offer technical support for any third party software.
8. Indemnity:
You will defend, indemnify and hold harmless PublicBookshelf.com, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, expenses, and attorneys' fees arising from: (i) your use of and access to PublicBookshelf.com; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including, without limitation, copyright, property, privacy; (iv) any claim that your Material has caused damage to any third party; or (v) the Material or any authorized use by PBS therof. This defense and indemnification obligation survives termination of this Agreement.
9. Eligibility:
Use of PublicBookshelf.com is void where prohibited. By using PublicBookshelf.com, you represent and warrant that: (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of PublicBookshelf.com does not violate any applicable law or regulation; and (iv) you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You affirm that you are over the age of 13, as PublicBookshelf.com is not intended for children under 13. IF YOU ARE UNDER 13, DO NOT USE THIS WEBSITE.
10. Assignment:
This Agreement, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but are freely assignable by PublicBookshelf.com without restriction.
11. Miscellaneous:
You agree that: (i) PublicBookshelf.com shall be deemed solely based in the state of California; and (ii) this website is a passive website that does not give rise to personal jurisdiction over PublicBookshelf.com, either specific or general, in jurisdictions other than California. This Agreement is governed by the laws of the State of California, without regard to choice of law provisions. Any claim or dispute between you and PublicBookshelf.com that arises in whole or in part from your use of PublicBookshelf.com will be decided entirely by a court of competent jurisdiction located in San Mateo County, California. Notwithstanding the foregoing, either PublicBookshelf.com or you may demand that any dispute between PublicBookshelf.com and you or involving PublicBookshelf.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in California, provided that the foregoing will not prevent PublicBookshelf.com from seeking injunctive relief in a court of competent jurisdiction. This Agreement, the Privacy Policy, the Terms of Use and any other legal notices published by PublicBookshelf.com on the website constitute the entire agreement between you and PublicBookshelf.com. The failure of PublicBookshelf.com to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of the remaining provisions. You hereby acknowledge and agree that there are no prior or contemporanious oral agreements in effect between you and PBS pertaining to the Material (including, but not limited to, agreements pertaining to the submission by you of any ideas, formats, plots, characgers or the like). You further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written agreement has been prepared and entered into by both you and PBS, and then your and PBS's rights shall only be as are expressed in said formal written agreement.
