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Privacy Policy/User Agreement
INTRODUCTION
Welcome to the internet site for the Society of Children's Book Writers and Illustrators.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SCBWI SITE. By using the SCBWI Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the SCBWI Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this SCBWI Site following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on the SCBWI Site are the copyrighted property of Society of Children's Book Writers & Illustrators, Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Society of Children's Book Writers & Illustrators, Inc., or its affiliates. No material from any SCBWI Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any SCBWI Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
In the event you download software from any SCBWI Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and submit any creative ideas, suggestions, or materials only through the appropriate avenues indicated on the site. Inquires regarding proposed articles, artwork or other materials for the Bulletin will only be accepted via email at bulletin@scbwi.org and first class mail to Bulletin Editor, SCBWI Bulletin, 8271 Beverly Blvd., Los Angeles, CA 90048. PLEASE NOTE WE DO NOT ACCEPT ANY BOOKS FOR REVIEW OR ENDORSEMENT.
DISCUSSION BOARDS, EMAIL FORUMS, LISTSERVS AND PUBLIC COMMUNICATION
The SCBWI has a zero-tolerance policy towards spam, and any solicitation of its members via email. "Discussion Board", "Email Forum" or "Listservs" refers to any chat area, message board, or e-mail function, using the SCBWI name. This includes but is not limited to any of these services offered as part of any SCBWI international or regional website, or any third-party-hosted networking group (i.e. Facebook or Yahoo group) affiliated with the SCBWI. By using this site, or participating in any SCBWI-affiliated group, Discussion Board or Email Forum, you agree that you will not:
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defame, abuse, harass or threaten others;
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make any bigoted, hateful, or racially offensive statements;
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advocate illegal activity or discuss illegal activities with the intent to commit them;
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post or distribute any material that infringes and/or violates any right of a third party or any law;
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post or distribute any vulgar, obscene, discourteous, or indecent language or images;
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advertise or sell to or solicit others, except in the specific and designated forum of "Classifieds" on the SCBWI Discussion Boards.
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use these electronic forums or groups for commercial purposes of any kind, except in the specific and designated forum of "Services Offered" on the SCBWI Discussion Boards.
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post or distribute any software or other materials that contain a virus or other harmful component; or
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post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
It is our policy to respect and guard the privacy of all website visitors. Therefore, in addition to the privacy of membership data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any SCBWI Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Discussion Board or Email Forum at any time and for any reason.
When participating in a Discussion Board or Email Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Discussion Board or Email Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information beyond that which is posted expressly by the Executive staff of the SCBWI, and shall not be responsible for any trading or investment decisions made based on such information.
CONTENT LINKED TO ANY SCBWI SITE
Please exercise discretion while browsing any Internet site linked to the SCBWI Site. You should be aware that when you are on a SCBWI Site, you could be directed to other sites that are beyond our control. There are links to other sites from SCBWI pages that take you outside of our service. For example, if you click on a member link or resource link, the click may take you off the SCBWI Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
We reserve the right to disable links from third-party sites to any SCBWI Site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a SCBWI Site.
Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While SCBWI strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS IN THIS SCBWI SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SCBWI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SCBWI SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SCBWI SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any SCBWI Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SCBWI Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
CREDIT CARDS
SCBWI takes the issue of your privacy seriously. We use your credit card number, billing and shipping information when you buy goods or services through our site, using a secure payment program. Otherwise, we do not share your credit card information with anyone else.
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology through Verisign.
MEMBER SERVICES
Some services offered on SCBWI Sites are subscription-based services, such as the SCBWI Bulletin. If you open a membership account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
SCBWI agrees that it will terminate Member's account upon written notice from Member. Notice of termination or cancellation of membership must be sent to SCBWI Executive Office, 8271 Beverly Blvd., Los Angeles, CA 90048 or membership@scbwi.org.
Member's right to use our Services is subject to any limits established by SCBWI or by Member's credit card issuer. If payment cannot be charged to Member's credit card or Member's charge is returned for any reason, including chargeback, SCBWI reserves the right to either suspend or terminate Member's access and account, thereby terminating this Agreement and all obligations of SCBWI hereunder.
If Member has reason to believe that Member's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Member's ID, password, or any credit, debit or charge card number stored) notify SCBWI of the problem to avoid possible liability for any unauthorized charges to Member's account.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SCBWI SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SCBWI SITE.
JURISDICTIONAL ISSUES
www.SCBWI.org is controlled and operated by The Society of Children's Book Writers & Illustrators and the Executive Offices in California. We make no representation that materials on the SCBWI Site are appropriate or available for use in any particular location. Those who choose to access a SCBWI Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all SCBWI Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all SCBWI Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the SCBWI Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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