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Terms of Use

TERMS OF USE
Please read all of these terms of use (as set forth herein or hereafter amended, the “Terms of Use”) for this website www.bookjobs.com (the “Website”) carefully before you start using it, whether as a registered user or in any other capacity. The Website is operated by the Association of American Publishers (“AAP”). By using or accessing the Website, you irrevocably accept these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use, please refrain from using or accessing the Website immediately.

ACCESSING THE WEBSITE
AAP reserves, in its sole discretion, the right to limit, interrupt, suspend, discontinue or amend access to some parts of the Website, or the entire Website, without notice. AAP will not be liable if for any reason the Website is unavailable at any time or for any period.

AAP may change the content of the Website at any time. Any of the material on the Website may be out of date at any given time, and AAP is under no obligation to update such material.  
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on the Website.

RESTRICTIONS ON USE
YOU REPRESENT, WARRANT AND COVENANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF USE. YOU MAY NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THESE TERMS OF USE.

USER CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted, uploaded or displayed by you or other users on or through the Website (“User Content”) is the sole responsibility of the person from whom such content originated (i.e., whether you or such other users). You acknowledge that you are solely responsible for your access to, use of and/or reliance on any User Content. AAP is not responsible for, and makes no representations or warranties with respect to, any User Content. AAP does not endorse any opinions expressed in User Content or otherwise expressed by users of the Website. You are also responsible for any User Content that you post or transmit and, if you create an account, you are responsible for all User Content posted or transmitted through or by use of your account.

You hereby grant AAP a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to display, perform, reproduce, adapt, distribute, publish and otherwise use any User Content that you submit, post, upload, or display on or through the Website. You represent and warrant that you own or otherwise control all of the rights (including, but not limited to Intellectual Property Rights as defined below) in and to any such User Content, and you shall indemnify and hold AAP and its affiliates harmless from and against all losses, claims, costs, damages, fines and expenses (including attorneys’ fees and related costs incurred by AAP) that they may incur or suffer as a result of any breach of this representation and warranty.

You agree to indemnify and hold AAP and its affiliates harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Website (including attorneys’ fees and related costs incurred by AAP).

CONTENT REGULATION
AAP has the right, but not the obligation, to regulate content, including but not limited to postings, text, code, images, video, binary files, advertisements, emails, messages and any other user communications posted to, stored on or transmitted via the Website by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of the Website) by any user (or any other third party in any manner); and to enforce these Terms of Use, for any reason and in any manner or by any means that AAP, in its sole discretion, deems necessary or appropriate (including but not limited to the deletion and/or termination of content, accounts and/or all or any use or access). AAP may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. AAP’s action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms of Use by any user (or any other third party) does not waive AAP's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms of Use violation.

INTELLECTUAL PROPERTY RIGHTS
Except with respect to User Content, all present and future rights in and to trade secrets, patents, copyrights, database rights, trade marks, service marks, know-how, and other proprietary rights of any type including, but not limited to, applications and registrations under the laws of any governmental authority, domestic or foreign (the “Intellectual Property Rights”), relating to the Website (including but not limited to text, content, photographs, video, audio, graphics, and goods posted by AAP or its licensors on or with respect to the Website) shall at all times be and remain the sole and exclusive property of AAP and/or its licensors, as applicable.

You acknowledge and agree that you acquire absolutely no rights or licenses in or to the Website or materials contained on or within the Website other than the limited right to utilize the Website in accordance with these Terms of Use.  Should you choose to download content from the Website, you must do so in accordance with these Terms of Use.

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.   

DISCLAIMERS
YOUR ACCESS TO, USE OF AND RELIANCE ON THE WEBSITE AND CONTENT ACCESSED ON OR THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

AAP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY
AAP shall under no circumstances be liable for any access to, use of or reliance on the Website or content accessed on or through the Website by you or any third party, including, but not limited to, liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or any third party (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary, or punitive damages, even if AAP has been advised of the possibility of such damages). This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss, or damages arose from authorized or unauthorized access to or use of the Website or content accessed through the Website; any inability to access or use the Website or content accessed through the Website; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance, or termination of the Website or content accessed through the Website.
These limitations shall also apply with respect to damages resulting from content or content accessed through the Website, including without limitation, any links on the Website and links in content accessed through the Website.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

VIRUSES, HACKING AND OTHER OFFENSES
You shall not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material or code that is malicious or technologically harmful. You shall not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You shall not attack the Website via a denial-of-service attack or a distributed denial-of service attack.  
AAP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to or as a direct or indirect result of your use of the Website or your downloading of any material posted on it (or on any website linked to it).

You hereby agree not to engage in any of the following conduct:
1.    Collecting users' content or information, or otherwise accessing the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without AAP’s permission;
2.    Soliciting login information or accessing an account belonging to someone else;
3.    Posting content that is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
4.    Impersonating any person or entity, including, but not limited to, an AAP employee or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
5.    Using the Website to do anything unlawful, misleading, malicious, or discriminatory.

REGISTRATION AND ACCOUNT SECURITY
You will not provide any false personal information on the Website, or create an account for anyone other than yourself without the permission of AAP. If AAP disables your account, you will not create another one without AAP’s permission. You will keep your contact information accurate and up-to-date. If you select a username for your account, AAP reserves the right to remove or reclaim it.

LINKS FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  AAP does not review, monitor, endorse, nor make any representations or warranties regarding the content or accuracy of any third party websites linked to this Website. AAP has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  Your access to any website that links to this Website is at your sole risk.  

JURISDICTION AND APPLICABLE LAW
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation or your use of the Website (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of New York.

You agree, acknowledge and submit to the state or federal courts of New York having exclusive jurisdiction over any claim arising from, or related to, your use of the Website and/or these Terms of Use.

UPDATES TO TERMS OF USE
AAP may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes AAP makes, as you agree that they are binding on you.

NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this Terms of Use.

WAIVER
AAP’s failure to enforce the strict performance of any provision of these Terms of Use or the documents it incorporates by reference will not constitute a waiver of AAP’s right to subsequently enforce such provision or any other provisions of these Terms of Use or the documents it incorporates by reference.  Any waiver must be in writing and specify the rights waived.

SEVERABILITY
If any provision (or part thereof), of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and AAP relating to your use of the Website and supersede any prior written or oral agreement relating to your use of the Website.


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