Amended as of September 1, 2014
Please read these Terms of Service (the "Agreement") carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Science Fiction List ("SFL" or "we") concerning your use of the Science Fiction List site (including all content on the site, the "Site").
1. Modifications to These Terms & Conditions
2. Your Submission of Personal Information To the Site
3. User Content: Your Ownership and Our License to Use
You represent and warrant that you are the owner or otherwise have the right to provide any information, posts, photos or materials that you post or transmit through the Site ("User Content").
In addition, in consideration of the Site accepting User Content, you hereby grant to the Site, including SFL's successors and assigns, an irrevocable, transferable, fully paid up, royalty-free, perpetual, non-exclusive, worldwide, sub-licensable through multiple tiers, license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Site and/or in all forms of media now known or hereafter invented. In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place SFL under any fiduciary or other obligation.
4. Interactive Areas
We may provide interactive activities for the Site' communities such as chat rooms, article and blog comment posting areas, reader photo upload, reader ratings and reviews, saving favorite restaurants or fashion looks, bulletin boards (also known as message boards), SMS text messaging and mobile alerts (collectively, "Interactive Areas") for the enjoyment of our visitors.
Any submissions or postings by visitors to certain parts of the Site, including, without limitation, Interactive Areas, will be public and posted in public areas on our Site. The Site, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Site' Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
You must be thirteen (13) years of age or older to participate in the Site' Interactive Areas. General members of the Site' online communities may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Interactive Areas not conducted, operated and/or managed by the Site may require a different registration process.
Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Site through a third party service. By participating in any of the aforementioned activities, all visitors and members agree to follow the Site' standards of conduct. Postings to public areas may or may not be reviewed by the Site prior to appearing on the Site. Nonetheless, the Site reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment of our Site. The Site will also cooperate with local, state and/or federal authorities to comply with applicable law.
4. Rules of Conduct
You shall not:
a. Use the Site in any way that violates either the laws of the United States or the state of New York, or which violates the laws in the jurisdiction from which you access the Site;
b. Transmit any malicious code, such as a virus, Trojan horse, worm, Easter egg, or time bomb in connection with the Site;
c. Employ any "hacking" tactics to attempt to gain control of, disable, deface or otherwise exceed the uses for which the Site is intended;
d. Harvest or "scrape" information regarding users of the Site or the content of the Site (except with regard to search engine indexing);
e. Remove any copyright, trademark or other notice of rights found on the Site or any content located on the Site;
f. Create derivative works based on any content found on the Site; or
g. Use or access the site in order to conduct any type of fraud.
5. Site Content
SFL owns and holds all rights in all images and text presented on the Site. SFL grants to you a license to download and view the content of the Site using a web browser or similar device. SFL does not grant you any license to use, reproduce (except for caching and indexing), create derivative works, display or otherwise exploit the content of the Site except as specifically described herein.
6. Third Party Content
Our Site contains links and pointers to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that SFL sponsors, is affiliated with, are associated with or otherwise recommends, certifies or endorses the third party link or site. Notwithstanding the foregoing, SFL may participate in affiliate marketing programs, such as Amazon Associates or Apple's iTunes Affiliate Program and may post links to third party products that SFL does endorse and does recommend. Because affiliate marketing programs involve compensating the affiliate (in this case, SFL), such endorsements and recommendations are sponsored. However, regardless of whether SFL endorses a product or not, SFL is not in a position to make any commitments as to the qualify, completeness, accuracy, promptness, faithfulness to image or descriptions presented here or elsewhere or safety of any products. The images of products posted on this Site are not intended to match the products themselves and are only representations. For example, SFL might post a particular image associated with a story while the actual book's cover might look completely different. SFL has no control over and you hereby waive any claim that SFL could be liable for, any such defects in such products or services.
6. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITE IS PROVIDED "AS IS." THE SITE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUME OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE SITE, THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, THEIR AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, SFL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF SFL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SFL TO USE THE SITE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH SFL AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
8. Choice of Law and Forum
The Site are originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Site will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that SFL does not endorse any of the products or services listed on such sites.
We may make available the ability to purchase or otherwise obtain certain products through the Site or to make donations to SFL or third-parties through the Site (such purchasing or donation transactions, a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. SFL is not a non-profit organization. Donations to SFL are not tax deductible and SFL makes no commitments as to how donations will be used.