Writers Marketplace Terms of Service Share on Twitter (opens in a new tab) on Facebook (opens in a new tab) on Linkedin (opens in a new tab) via email The Writers’ Marketplace (“Marketplace”) is intended as a service for Authors Guild members (“Members”) to list and market the writing and publishing related services that they provide to other writers, publishers, and others seeking writing or related assistance. Any member of the public can access the database to find, contact, and employ Members providing services. Authors Guild requires all Marketplace users, both those listing services (“Listers”) and those seeking and retaining services (“Users”), to abide by these terms of service and to adopt a high level of courtesy, respect and professionalism when using the Marketplace and engaging with other users. The Authors Guild reserves the right to modify or discontinue, temporarily or permanently, the Marketplace (or any part thereof) with or without notice. You agree that the Authors Guild shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Marketplace Please be advised that the Authors Guild does not vet service providers or purchasers of services on the Marketplace, and that you use this service at your own risk. By using the Marketplace, you agree that you have read and will follow these terms and conditions. The Authors Guild reserves the right, at its sole discretion, to change or modify portions of these terms at any time without further notice. All Listers and Users of the Marketplace must comply with the following: Listings may only be made by the individual providing the service, or by someone with written authorization to represent that individual. Listers must have all necessary rights and/or permissions to post the content to the Marketplace.Listers are solely responsible for all descriptions, pictures, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that they upload, post, publish or display (hereinafter, “post”) or otherwise transmit via the Marketplace, and for all services that they offer or purchase via the Marketplace.Listings should not contain derogatory references to competitors or competing services.Listings must not wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Listings must comply with all applicable laws prohibiting discrimination. No listing may contain defamatory, abusive, hateful, profane, threatening, offensive, or illegal content. We will not tolerate harassment or any behavior that violates the Authors Guild’s Sexual Harassment Policy, or Policy Regarding Discriminatory and Harassing Posts. We will not post, or will take down, any listings that contain abusive, hateful, inflammatory, or harassing language.No listing or other content posted will infringe any copyright, trademark, trade secret, or right of privacy or publicity of any third party. All purchases of services are made directly (and any contracts therefore are) between the buyer and seller. The Authors Guild has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of services advertised on the Marketplace; (b) the truth or accuracy of seller’s content or listings on the Marketplace; (c) the ability of Listers to offer services through the Marketplace; (d) the ability of buyers to pay for services purchased through the Marketplace; or (e) that a buyer or seller will actually complete a transaction, through the Service.No Lister or User may sell, post or otherwise transmit any item or content that (i) would violate any contractual or fiduciary relationships; (ii) poses or creates a privacy or security risk to any person; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (v) in the sole judgment of the Authors Guild, is objectionable or which restricts or inhibits any other person from using or enjoying the Marketplace, or which may expose the Marketplace or its users to any harm or liability of any type;impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity, or make misrepresentations with the goal of obtaining materials from or information about a Member;solicit personal information from anyone under the age of 18;harvest or collect email addresses or other contact information of other users from the Marketplace by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;violate any applicable local, state, national or international law, or any regulations having the force of law, or engage in any activities that violate any consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;further or promote any criminal activity or enterprise or provide instructional information about illegal activities. Infringement in the Marketplace It is the Authors Guild’s policy to respond to notice of alleged copyright infringement in compliance with Section 512 of the Copyright Act, enacted as part of the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent of a copyright owner, and you believe that any content or link posted on the Marketplace infringes upon your copyright, you may submit a notice to the Authors Guild’s designated DMCA copyright agent. Please provide our copyright agent with the following information, as required under Section 512(c) of the U.S. Copyright Act (17 U.S.C. § 512(c)): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is alleged infringed. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with the requirements of Section 512 of the Copyright Act shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows: Name: Cheryl L. Davis Address: The Authors Guild, Inc., 31 East 32nd Street, Suite 901, NY, NY 10016 Disclaimer of Warranties YOUR USE OF THE MARKETPLACE IS AT YOUR SOLE RISK. THE MARKETPLACE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE AUTHORS GUILD DOES NOT VET ANY OF THE SERVICES PROVIDED BY MEMBERS THROUGH THE MARKETPLACE AND MAKES NO WARRANTY OR REPRESENTATION ABOUT THE QUALITY OR EFFECTIVENESS OF ANY SERVICE OR SERVICE PROVIDER. THE AUTHORS GUILD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING THAT OF NON-INFRINGEMENT. THE AUTHORS GUILD MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY SERVICES THROUGH THE MARKETPLACE OR THAT THE MARKETPLACE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE MARKETPLACE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION IN THE LISTINGS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHORS GUILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHORS GUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE AUTHORS GUILD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. Indemnification Seller will agree to protect, save, defend, indemnify, and hold harmless the Authors Guild from and against any and all expenses, damages, claims, suits, action, judgments, and/or costs whatsoever, including attorney’s fees, arising out of, or in any connected with, any claim or action arising out of Seller’s use of the Marketplace or breach of any of these Terms of Use. The provisions of this section shall survive Seller’s completion of a transaction using the Marketplace or the termination of its use privileges. Buyer will agree to protect, save, defend, indemnify, and hold harmless the Authors Guild from and against any and all expenses, damages, claims, suits, action, judgments, and/or costs whatsoever, including attorney’s fees, arising out of, or in any way connected with, any claim or action arising out of the Buyer’s use of the Marketplace or breach of any of these Terms of Use. The provisions of this section shall survive Buyer’s completion of a transaction using the Marketplace or the termination of its use privileges. Termination You agree that the Authors Guild, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Marketplace Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if the Authors Guild believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Marketplace under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Authors Guild may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Authors Guild shall not be liable to you or any third-party for any termination of your access to the Marketplace. User Disputes You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Marketplace and the Authors Guild will have no liability or responsibility with respect thereto. The Authors Guild reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Marketplace Service. Marketplace Arbitration You agree that any and all disputes or claims that have arisen or may arise between you and Marketplace or the Authors Guild, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, county or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Marketplace and the Authors Guild are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. General These Terms constitute the entire agreement between you and Marketplace and govern your use of the Service, superseding any prior agreements between you and the Authors Guild with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, as a U.S. resident, you and the Authors Guild agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of the Authors Guild to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
