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Please read these Terms
of Use for PRESSBOOK.COM Members (these “Terms of Use”) carefully
before submitting your materials to (“PRESSBOOK.COM”). If you
are under the age of 18, your parent or guardian must agree to these conditions
on your behalf.
INTRODUCTION
By submitting Pressbook
materials to PRESSBOOK.COM and/or otherwise using the PRESSBOOK.COM website
(the “Website”), you, the Member of PRESSBOOK.COM (“you”),
agree to the terms, conditions, notices and guidelines contained in these Terms
of Use. Your use of the Website following the posting of changes to these Terms
of Use will signify your acceptance of such changes. IF YOU DO NOT AGREE TO
COMPLY WITH THESE TERMS OF USE, PLEASE DO NOT SUBMIT YOUR MATERIALS TO PRESSBOOK.COM
OR USE THE WEBSITE OR THE SERVICES IT OFFERS.
These Terms of Use constitute
a legal document that explains your rights and responsibilities as a Member
of PRESSBOOK.COM. You cannot become a Member until you have accepted these Terms
of Use or, if you are under 18, your parent or guardian has accepted these Terms
of Use on your behalf. If you have questions or concerns about these Terms of
Use, or about your rights and obligations as a Member, please contact us by
E-mail at: webmaster@pressbook.com.
GENERAL TERMS OF SERVICE
1. YOUR PRESSBOOK.COM
MEMBERSHIP
Membership Benefits.
As a Member of PRESSBOOK.COM, you have the opportunity to post your Pressbook
Content (i.e., your résumé, contact information, biographical information, likeness
and samples of your work, provided as image, video, audio-video, or text files)
online, where Industry Professionals can find you and learn more about your
talents and experience. If an Industry Professional is interested in your talent,
he or she will contact you or an agent designated by you.
As a Member of PRESSBOOK.COM,
you may post your Pressbook Content on the Website for your particular discipline
(Photography, Film, Music, Art, Dance, Text etc). You can also post Pressbook
Content for your team, suppliers, end-users, band, troupe or group (“band”),
but by doing so, you represent that you have authority to bind your team, band
etc and your fellow team, band etc members to these Terms of Use, and each of
you, your team, band etc and your fellow team, band etc members agree to fulfil
all obligations of Members of PRESSBOOK.COM.
As a Member of PRESSBOOK.COM,
you also will be provided access to resources available only to our Members,
such as (i) limited access to other Member’s Pressbook Content; (ii) communication
industry resources and tips for strengthening your Pressbook; and (iii) other
privileges, as applicable.
Not a Talent Agency.
PRESSBOOK.COM does not represent you or any of its Members as an agent, manager
or otherwise. PRESSBOOK.COM does not offer services directly related to any
Member’s future employment, and PRESSBOOK.COM does not take any commissions
or other fees in connection with any employment a Member might obtain. PRESSBOOK.COM
allows Members to post their Pressbooks, where they may be seen by Industry
Professionals using our service, and educates Members about ways in which they
can seek to achieve success in the communication industry. It is your responsibility
and choice to pursue those avenues of potential employment.
Log-in and Password.
As part of the Membership registration process, PRESSBOOK.COM will allow you
to choose a log-in and password. You are responsible for all activity on your
account. It is therefore important that you not reveal your log-in and password
to others, and you agree not to do so. Please note that PRESSBOOK.COM never
will ask for your log-in and password over the phone or by E-mail, so do not
let others trick you into revealing your log-in and password to them.
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2. ONLINE CONDUCT AND
CONTENT
Content. “Content,”
means the text, software, communications, images, sounds and other information
provided or accessed on the PRESSBOOK.COM service. Content on the PRESSBOOK.COM
service is provided by a wide variety of sources, including PRESSBOOK.COM, Members,
affiliates, or independent content providers under license. PRESSBOOK.COM generally
does not pre-screen content available on the PRESSBOOK.COM service that is provided
by others, including Members, and PRESSBOOK.COM assumes no responsibility or
liability for such content. PRESSBOOK.COM reserves the right to remove content
that, in PRESSBOOK.COM’s judgment, does not meet its standards or does
not comply with the then current Content Guidelines of PRESSBOOK.COM, but PRESSBOOK.COM
is not responsible for any failure or delay in removing such material. As a
Member of PRESSBOOK.COM, you agree to follow the Content Guidelines of PRESSBOOK.COM
and you acknowledge that PRESSBOOK.COM has the right to enforce them in its
sole discretion.
Unsolicited Bulk E-mail.
PRESSBOOK.COM Members can send and receive E-mail to and from other PRESSBOOK.COM
Members and Internet users. You may not use PRESSBOOK.COM or its services to
upload, post or otherwise transmit any unsolicited or unauthorized advertising
materials, “spam,” “junk mail,” “chain letters,”
“pyramid schemes” or any other similar items. In addition, you may
not use PRESSBOOK.COM or its services to gather, collect or harvest contact
information, including user names and E-mail addresses, or any other information
about PRESSBOOK.COM Members or users. If you have received junk E-mail and want
to report it, please notify the PRESSBOOK.COM Customer Care representatives
by sending an E-mail to: spamalert@pressbook.com. PRESSBOOK.COM also
reserves the right to take any and all legal and technical remedies to prevent
unsolicited bulk E-mail from entering, utilizing or remaining within the PRESSBOOK.COM
service.
Proprietary Rights.
A large portion of the content available on the Website is owned by others,
and it is protected by copyrights, trademarks, and other intellectual property
rights and publicity rights. You must not copy, transmit, modify, distribute,
synchronize, show in public or in private or create any derivative works from
any of the content you find on PRESSBOOK.COM, unless you have the legal right
to do so.
Remember that other Members
and other users of the Website will have access to your posted material in certain
areas of the Website like message boards, forums or the any other public areas
(collectively, “public areas”). By submitting or posting content
to public areas, you represent that you are the owner of such material or have
authorization to copy, modify, perform publicly, perform digitally and distribute
it. Once you post content (except Pressbook Content) on PRESSBOOK.COM, you expressly
grant PRESSBOOK.COM the perpetual right to reproduce, modify, distribute, and
administer the content (except Pressbook Content) in any form, anywhere.
Making unauthorized copies
of any content found on PRESSBOOK.COM can lead to the termination of your PRESSBOOK.COM
account and/or legal action against you and/or PRESSBOOK.COM. In addition, if
you include unauthorized material in your Pressbook Content or any other content
you post or display on the PRESSBOOK.COM Website, the owners of such material
could take criminal or civil action against you and or PRESSBOOK.COM. If a content
owner takes action against PRESSBOOK.COM in relation to content you allegedly
misuse, you agree to indemnify, defend and hold harmless PRESSBOOK.COM and its
subsidiaries, affiliates, related companies, employees, officers, directors
and agents.
Proprietary Rights
in Pressbook Content. You retain all ownership rights to your Content.
PRESSBOOK.COM does not claim ownership of any Content you publish on your PRESSBOOK.COM
Site. You are free to use your Content online or offline in any manner you choose
at any time.
When you publish your Content
on the PRESSBOOK.COM systems, you grant PRESSBOOK.COM a temporary license to
"rebroadcast" it. We need this license to be able to show your Content
to other members and visitors.
By publishing Content on
your PRESSBOOK.COM Site you grant PRESSBOOK.COM a world-wide, royalty-free,
and non-exclusive license to reproduce, distribute, transmit and display the
Content (as well as permit others - including without limitation PRESSBOOK.COM's
co-brand, content and syndication partners - to do the same)
PRESSBOOK.COM may use this license solely for the following purposes:
Displaying, distributing and promoting your PRESSBOOK.COM Site
Promoting and marketing PRESSBOOK.COM's products and services
Promoting and marketing the products and services of PRESSBOOK.COM's partners
and affiliates
Promoting and marketing products and services related to your Content
PRESSBOOK.COM hereby waives any right to use this license to:
Produce and sell reproductions of your Content directly to individual consumers
(without your expressed consent)
Produce and sell derivative works based on your Content directly to individual
consumers (without your expressed consent)
This license exists only
for as long as the Content remains Published on your PRESSBOOK.COM Site and
only for as long you remain a PRESSBOOK.COM member. In the event that you remove
the Content from your Public PRESSBOOK.COM Site (e.g., by deleting it or marking
it "private" or "hidden") or in the event that your membership
is terminated, this license shall expire (either immediately or upon termination
of any promotional or marketing activities ongoing at the time).
By submitting your Pressbook
Content to PRESSBOOK.COM, you represent that you have the right to provide it
to PRESSBOOK.COM, to use it for purposes of promoting yourself and to provide
and use it in conjunction with the PRESSBOOK.COM service to promote yourself.
You also represent that you have full power and authority to comply with these
Terms of Use without violating the rights of others and agree that your use
of PRESSBOOK.COM and its services will comply with these Terms of Use without
violating the rights of others.
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3. CHARGES AND BILLING
PRESSBOOK.COM is a free
service.
4. PRESSBOOK.COM SOFTWARE
PRESSBOOK.COM grants you
a non-exclusive, limited license to use the PRESSBOOK.COM software to connect
to PRESSBOOK.COM from authorized locations in accordance with these Terms of
Use and to download one copy of the software for your personal use. This license
is subject to the restriction that, except where expressly permitted by law,
you may not translate, reverse-engineer or reverse-compile or decompile, disassemble
or make derivative works from PRESSBOOK.COM software. You may not modify PRESSBOOK.COM
software or use it in any way not expressly authorized by these Terms of Use.
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5. WARRANTY; LIMITATIONS
ON LIABILITY
YOU EXPRESSLY AGREE THAT
THE USE OF THE WEBSITE, PRESSBOOK.COM SOFTWARE, AND THE INTERNET IS AT YOUR
SOLE RISK. PRESSBOOK.COM AND THE PRESSBOOK.COM SOFTWARE ARE PROVIDED “AS
IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WHICH
ARE EXPRESSLY DISCLAIMED), UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
PRESSBOOK.COM DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING
ANY INDUSTRY PROFESSIONAL, OR OF ANY INFORMATION OR ADVICE PROVIDED ON PRESSBOOK.COM,
INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY AN INDUSTRY PROFESSIONAL OR
ANOTHER THIRD PARTY. PRESSBOOK.COM DOES NOT GUARANTEE THAT ANY USERS, INCLUDING
INDUSTRY PROFESSIONALS, WILL USE THE WEBSITE PROPERLY OR IN COMPLIANCE WITH
THE TERMS AND CONDITIONS APPLICABLE TO THEM. PRESSBOOK.COM DOES NOT GUARANTEE
THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP
OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF PRESSBOOK.COM. PRESSBOOK.COM
PROVIDES THE PRESSBOOK.COM SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES
NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES
OR LOCATIONS OF THEIR CHOOSING. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH PRESSBOOK.COM IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN
SECTION 7 OR THE TERMINATION OF YOUR USE OF PRESSBOOK.COM. IN NO CASE SHALL
PRESSBOOK.COM BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM YOUR USE OF PRESSBOOK.COM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED
IN ANY WAY TO YOUR MEMBERSHIP IN PRESSBOOK.COM. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRESSBOOK.COM’S
LIABILITY SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW. PRESSBOOK.COM DOES
NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH PRESSBOOK.COM AND WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS, SERVICES OR INFORMATION.
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6. INDEMNIFICATION
Upon request by PRESSBOOK.COM, you agree to defend, indemnify
and hold harmless PRESSBOOK.COM and its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunications providers and content providers
from all liabilities, claims and expenses, including reasonable attorneys fees
and expenses, that arise from a breach of these Terms of Use for which you are
responsible or from your use of PRESSBOOK.COM or the Internet, or in connection
with your provision or transmission of any content on PRESSBOOK.COM. PRESSBOOK.COM
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you. In that event,
you shall have no further obligation to provide indemnification for PRESSBOOK.COM
in that matter.
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7. TERM, TERMINATION AND CANCELLATION
The Term of your Membership begins on the date you register
as a Member of PRESSBOOK.COM (i.e., the date your contact information (address,
E-mail address is entered into the PRESSBOOK.COM database) and will continue until you cancel you Membership
as set forth below, unless it is otherwise cancelled by PRESSBOOK.COM pursuant
to these Terms of Use. You can cancel your Membership at any time by delivering
an email to PRESSBOOK.COM to: webmaster@pressbook.com
or by mail addressed to: PRESSBOOK.COM, Attn. Membership 100 rue de La Folie
Mericourt 75011 Paris, France. Write “Membership Cancellation” on
the envelope to speed up processing of your request. You are responsible
for any charges incurred to third-party vendors or content providers prior to
your cancellation. You understand and agree that the cancellation of your Membership
is your sole right and remedy with respect to any dispute with PRESSBOOK.COM.
This includes, but is not limited to, any dispute related to, or arising out
of (i) any term of these Terms of Use or PRESSBOOK.COM’s enforcement or
application of these Terms of Use; (ii) any policy or practice of PRESSBOOK.COM,
including PRESSBOOK.COM’s Content Guidelines and the PRESSBOOK.COM’s
Privacy Policy, or PRESSBOOK.COM’s enforcement or application of these
policies; (iii) the content available on PRESSBOOK.COM or the Internet or any
change in content provided through PRESSBOOK.COM; or (iv) your ability to access
and/or use PRESSBOOK.COM.
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8. POLICIES OF PRESSBOOK.COM; OTHER TERMS AND CONDITIONS;
NON PRESSBOOK.COM SITES.
You acknowledge and agree that each of the Privacy Policy of
PRESSBOOK.COM, the Content Guidelines of PRESSBOOK.COM, the Submissions, Copyrights
and Trademarks Policy of PRESSBOOK.COM, and the Online Resources of PRESSBOOK.COM
apply to your use of the Website and the services of PRESSBOOK.COM and that
you will comply with such policies in connection with your use of the Website
and the services of PRESSBOOK.COM. These policies can be found at: [http://www.pressbook.com/index.asp?file=termsofuse],
and these policies, as in effect from time to time, are incorporated into these
Terms of Use. You acknowledge and agree that certain portions of the Website
(e.g., Contests and Sweepstakes) are subject to certain terms and conditions
in addition to these Terms of Use, that certain users of the Website (e.g.,
Industry Professionals and persons individually and specifically provided with
Charter Memberships) are subject to separate terms of use specifically applicable
to them. PRESSBOOK.COM or third parties may provide links to other Internet
sites or resources. You acknowledge and agree that PRESSBOOK.COM is not responsible
for the availability, content, advertising, products or other materials of,
on or available from such sites or resources. You further acknowledge and agree
that PRESSBOOK.COM shall not be directly or indirectly responsible or liable
for any actual or alleged damages or losses related to any such sites or resources
or reliance on any content or other items available on or through such sites
or resources.
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9. LAW AND LEGAL NOTICES
You agree that these Terms of Use are not intended to confer
and do not confer any rights or remedies upon any person other than the parties
to these Terms of Use. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect. The laws of
France, excluding its conflicts-of-law rules, govern these Terms of Use and
your Membership in and use of PRESSBOOK.COM. As noted above, your conduct may
be subject to other local, state, national, and international laws. You expressly
agree that exclusive jurisdiction for any claim or dispute relating in any way
or arising out of your Membership or your use of PRESSBOOK.COM resides in the
courts of France, and you further agree and expressly consent to the exercise
of personal jurisdiction in such courts. You agree to abide by U.S.and other
applicable export control laws and not to transfer, by electronic transmission
or otherwise, any content or software subject to restrictions under such laws
to a national destination prohibited under such laws, without first obtaining,
and then complying with, any requisite government authorization. You further
agree not to upload to PRESSBOOK.COM any data or software that cannot be exported
without prior written government authorization, including, but not limited to,
certain types of encryption software. This assurance and commitment shall survive
termination of any agreements between you and PRESSBOOK.COM.
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