This Website and the Services are offered and available to users who are 13 years of age or older. By using this Website or the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.
Accessing the Website and the Services and Account Security
We reserve the right to withdraw or amend this Website, and any services or material we provide on the Website or via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, as applicable, to users, including registered users.
· Making all arrangements necessary for you to have access to the Website and the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, the Services, or portions of the same using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website, the Services and the entirety of their respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website or made available via the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features (such as Instagram, Twitter, Facebook, etc.) with certain content, you may take such actions as are enabled by such features.
· Modify copies of any materials from this Website or made available via the Services.
· Directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Website, the Services or the Content unless expressly permitted by the Company in writing.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Incorporate the Website, the Services or the Content into, stream or retransmit the Website, the Services or the Content via, any hardware or software application or make the Website, the Services or the Content available via frames or in-line links, and you may not otherwise surround or obscure the Website, the Services or the Content with any third-party content, materials or branding.
· Directly or through the use of any Device or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Website, the Services, or the Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Website, the Services, or the Content.
· Access or use for any commercial purposes any part of the Website, the Services or the Content.
Access to the Content on the Website and via the Services is possible, in part, due to the paid advertising that appears on the Website and in connection with the Services. In exchange for your access to the Content, and except where contrary to applicable law, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website or via the Services.
The Company name, the terms Kirkus, Kirkus Reviews, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and via the Services are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
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· To disable, modify, interfere with or otherwise circumvent any technology to view the Website, the Services or the Content without: (i) displaying visibly both the Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
· Take any action that may disable, overburden, damage, or impair the Website, the Services or its servers and infrastructures or interfere with any other party's use of the Website or the Services including their ability to engage in real time activities through the Website or the Services.
· Modify, enhance, remove, interfere with, or otherwise alter in any way any portion of any widget, embedded player or other technology that allows you to embed or stream the Content on or to another online service, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
· Use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Website, the Services, the Content, or any portion thereof.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the Services, the server on which the Website or the Services are stored, or any server, computer, or database connected to the Website or the Services.
· Attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website or the Services.
The Website and the Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website and the Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or via the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or via the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website or via the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you have a dispute with one or more users of the Website or the Services (including merchants), you release the Company (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and use of the Interactive Services must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Infringement Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information and the Content presented on or through the Website or via our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials and Content by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of its contents.
This Website and certain of the Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials or Content. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or Content provided by any third parties.
We may update the Content on this Website or available via the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material or Content on the Website or made available via the Services may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage and other social media platform pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
· Link from your own or certain third-party websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website or via the Services.
· Cause limited portions of content on this Website or available via the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website, the Services, or portions of thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website or the Services other than the homepage or the applicable social media page.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company may sometimes engage in affiliate or third party marketing, embedding links into certain pages of our Website or via the Services (“Third-Party Advertisements”). Clicking on or purchasing products or services through Third-Party Advertisements may result in the Company earning a commission. Any purchase you make through Third-Party Advertisement is made directly with those third parties, not the Company, and these third parties often have their own terms and conditions and privacy statements, which the Company encourages you to review. The Company is not responsible for evaluating any offer made by these third parties; the Company makes no warranty about these third parties or offerings; and the Company does not assume any liability for any act, omission, product, or service of these third parties. The Company provides these Third-Party Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Advertisements. When you use Third-Party Advertisements, you do so at your own risk. When you link to Third-Party Advertisements, the applicable third party's terms and policies apply, including the third party's privacy policies.
The owner of the Website and the Services is based in the State of Texas in the United States. Unless specifically stated otherwise, we provide this Website and the Services for use only by persons located in the United States. We make no claims that the Website, the Services or any of the Content is accessible or appropriate outside of the United States. Access to the Website and the Services may not be legal by certain persons or in certain countries. If you access the Website and/or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or via the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 YOUR USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE WEBSITE MAY DISTRIBUTE CONTENT SUPPLIED BY OTHER INFORMATION CONTENT PROVIDERS SUCH AS NON-STAFF CONTRIBUTORS AND COMMENTERS. WE USE THESE PROVIDERS TO ENHANCE YOUR EXPERIENCE ON THE WEBSITE AND VIA THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE STATEMENTS AND OPINIONS EXPRESSED BY THOSE CONTENT PROVIDERS. RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF SUCH CONTENT LIES SOLELY WITH THOSE CONTENT PROVIDERS AND IS NOT GUARANTEED BY THE COMPANY. NEITHER THE COMPANY NOR ITS AFFILIATES OR EMPLOYEES SHALL BE LIABLE TO ANY USER OR ANYONE ELSE FOR CLAIMS OF DEFAMATION, LIBEL, SLANDER, INFRINGEMENT, INVASION OF PRIVACY AND PUBLICITY RIGHTS, OBSCENITY, PORNOGRAPHY, FRAUD OR MISREPRESENTATION ARISING FROM SUCH CONTENT.
THE WEBSITE OR THE SERVICES MAY INCLUDE CONTENT OFFERRING ADVICE FROM A VARIETY OF PERSONS, WHO MAY BE AFFILIATED WITH THIRD PARTIES OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS A REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY SITES LINKED TO THE WEBSITE OR VIA THE SERVICEs, ANY OF THE CONTENT ON THE WEBSITE OR THE SERVICES OR SITES LINKED THERETO, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF YOU ARE DISSATISFIED WITH ANY KIRKUS REVIEWS CONTENT OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES.
ARBITRATION AND CLASS ACTION WAIVER
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company is entitled to arbitration. Instead, all claims and disputes will then be resolved in, and you and the Company agree to the exclusive jurisdiction and venue of, the state or federal courts having jurisdiction over Travis County, Texas.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website or the Services should be directed to: firstname.lastname@example.org.
The Magazine: Kirkus Reviews
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The Kirkus Prize
The Kirkus Prize is among the richest literary awards in America, awarding $50,000 in three categories annually.
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