Terms of Use — WMR Books

<wmrauthor.com> - Terms Of Use

The following are the terms of use (the “TOU”) for website located at https://www.wmrauthor.com (the “Site”). By accessing, linking to or otherwise using the Site, you signify your acceptance of these legal terms and conditions. The Site operator (“Provider”) reserves the right to amend, remove or add to the TOU at any time, such modifications to be effective immediately. Your access, link to, or use of the Site after modifications to the TOU are posted will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not access, link to, or use the Site. Provider expressly rejects any terms or conditions you propose in addition to or in conflict with the TOU and any such changes shall have no force or effect.

1. User Consent. You represent that you have read and agree to be bound by the TOU.

2. Intellectual Property. All content on the Site, including text, photographs, video, audio and graphics, as well computer code and software, and all trademarks, copyrights, domain names and any other form of intellectual property displayed on or that relates to the Site, is owned by Provider or third parties and is protected from unauthorized use, copying and dissemination by laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on specific content. You acknowledge that the Site has been developed, compiled, selected and arranged by Provider and others through the application of creative judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of Provider and such others. You agree to protect the proprietary rights of Provider and all others having rights during and after the term of the TOU, and to comply with all reasonable requests by Provider to protect contractual, statutory and common law rights in the Site. All present and future rights in and to trademarks, copyrights and other proprietary rights of any type under the laws of any governmental authority (the “Intellectual Property Rights”) shall, as between you and Provider, at all times be the exclusive property of Provider. Except as specifically permitted by the TOU or U.S. law or Provider’s prior written approval, you may not for any purpose copy or make any use of the Site or any portion thereof, or use the Intellectual Property Rights or

the names of any individual participant in, or contributor to, the Site, or any variations or derivatives thereof.

3. Restrictions on Use. You may not use the Site for any illegal purpose, to violate any law or regulation, or in any manner inconsistent with the TOU. You agree to use the Site solely for your own noncommercial use and benefit, and not for resale or other disposition to, or use by or for the benefit of, any other person or entity. Except as expressly permitted by Provider in writing, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Site, except that you may download material from the Site or make one print copy for your own personal, noncommercial use, provided you retain all copyright and other proprietary notices.

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Site that: (i) is promotional in nature, including solicitations for funds or business, or constitutes junk mail, spam, chain letters, pyramid schemes or the

like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under any contractual or fiduciary relationship; (iv) infringes any patent, trademark, trade secret, copyright or other proprietary right; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; (vi) is likely to be harmful to minors; or (vii) constitutes the personally identifiable information of any other person, who has not authorized you to disclose such information.

You may not use any of the trademarks, names or copyrights of Provider in any manner that creates the impression such items belong to or are associated with you or are used with Provider’s consent, and you acknowledge you have no ownership rights in or to any such items.

You may not interfere with or attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site. You may not obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by public display on the Site or through a visible link on the Site. You shall not violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means. You may not take or attempt any action that, in Provider’s sole opinion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site, any data or content found on or accessed through the Site or any other Site information, without Provider’s prior written consent. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content on the Site.

4. Licenses. You acquire no rights or licenses in or to the Site or materials on the Site other than the limited right to utilize the Site in accordance with the TOU. You may only download content from the Site for your own personal, noncommercial use in accordance with the TOU. If you email to Provider reviews, comments or other user-generated content, including, text, video, audio, artwork or photographs, or otherwise submit such materials to the Site (“Submissions”), such Submissions will be treated as non confidential and non-proprietary. No Submission shall be subject Provider to any obligation of confidence and Provider shall not be liable for any use or disclosure of any Submission. By submitting the Submission to the Site, you grant Provider a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit the Submission for any purpose, including quoting in editions of the novels, Five Ferries, Backstory, or Pandion (the “Books”) or other works by William Michael Ried (“Author”), advertising, commercial, promotional and publicity purposes, in Provider’s discretion without notice, attribution or consideration to you or any other person or entity. You also hereby permit

any other user of the Site to access, store or reproduce the Submission for that user’s personal use.

You will receive no royalty or other compensation for this license or for any such licensed use. You agree that having your content considered by and/or used in or in connection with the Site is adequate consideration for this license and for your agreement generally to the TOU. You waive all moral and ancillary rights and similar rights in and to the content you upload. Provider is not responsible for any unauthorized use of your content by persons or entities other than Provider. Provider is not required to use or publish any Submissions.

You hereby: (i) grant Provider the right to use the name you submit in connection with Submissions; (ii) agree Provider is not obligated to use any Submission; (iii) agree that your relationship with Provider is not a confidential, fiduciary or other type of special relationship, and that your decision to submit material to Provider does not place Provider in a position any different from members of the general public with regard to your Submission.

You represent and warrant: (i) you are the original author or creator of your Submissions and own or otherwise control all rights to such Submissions (except as you expressly indicate otherwise in writing at the time of your Submission); (ii) no permission or consent of any other person or entity is required to enable Provider legally to use your Submissions in accordance with this license; (iii) Provider’s use of your Submissions in accordance with this license will not violate or infringe the rights of any person or entity; (iv) the Submissions are truthful and accurate; and (v) use of the Submissions will not violate the TOU or cause injury to any person or entity.

Provider and its, agents, representatives, successors and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge Provider and its licensees from any and all claims you may have in connection with Provider’s use of

your Submission in accordance with this license. With respect to any claim you may have relating to or arising out of Provider’s actual or alleged exploitation or use of your Submissions, you agree that the damage, if any, thereby caused will not be irreparable or otherwise sufficient to warrant injunctive or other equitable relief, and your rights and remedies in any such event would be strictly limited to the right to seek damages in an action at law.

5. Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE CONTENT IS PROVIDED “AS IS” AND PROVIDER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE OR ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PROVIDER DOES NOT WARRANT THAT (I) THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) DEFECTS IN THE SITE WILL BE CORRECTED; (III) THE SITE WILL BE COMPATABLE WITH YOUR EQUIPMENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SITE WILL NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS. PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY OF ITS CONTENT WILL BE CORRECT OR ACCURATE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM YOUR USE OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION WILL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

Provider and its agents, representatives, successors and assigns shall have no responsibility or liability for: (a) any injury or damages, whether caused by the negligence of Provider, its agents, representatives, successors and assigns, or otherwise arising in connection with the Site, and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Provider by any other party; or (b) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment.

The content of other websites, services, goods or advertisements (“Third-party Sites”) linked to the Site is not maintained or controlled by Provider, and such links are not

endorsements of any information, product or service offered on or reached through such Third-party Sites. If you leave the Site and access Third-party Sites, you do so at your own risk and the TOU will no longer govern. Provider is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Site.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PROVIDER, ITS AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE OR ANY LINKS TO THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE GREATER OF TEN DOLLARS ($10) AND THE AMOUNT YOU PAID TO ACCESS THE SITE.

6. Your Authority. You warrant and represent that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years of age.

7. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Provider, its agents, representatives, successors, and assigns, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with your Submissions or use of the Site, or any links on the Site. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Provider in asserting any available defense. You agree to pay Provider’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Provider under

the TOU, including without limitation, lawsuits arising from your failure to indemnify Provider pursuant to the TOU.

8. Termination. You may terminate the TOU, with or without cause and at any time, by discontinuing use of the Site and destroying all materials obtained from the Site. Provider may terminate the TOU, or suspend your access to the Site, without notice and without cause at any time and effective immediately, and shall not be liable to you or any third party for such termination or suspension. Upon termination of the TOU by you or Provider, you must discontinue use of the Site and destroy promptly all materials obtained from the Site and any copies thereof. Provider will determine your compliance with the TOU in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. No changes to or waiver of any part of the TOU shall be of any force or effect unless formally posted or made in writing and signed by Provider.

9. Non-United States Residents & Jurisdictional Issues. Provider operates this site in the United States, from its location within New York State, U.S.A. and makes no representation that the Site or its content is appropriate or available for use in other locations. If you access this site from locations outside New York, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws. Software from this Site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.

10. Governing Law. The TOU shall be governed and construed in accordance with the laws of the United States of America and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New York County and State with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the TOU, and you hereby waive any objection to the propriety or convenience of venue in such courts.

11. Linking And Framing. Upon linking to the Site pursuant to the TOU, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the

“WMRAuthor” name and mark solely for providing an underlined, textual link from your Web site to the Site. No other use of Provider’s marks, names or logos is permitted without express written permission from Provider.

Without limiting other provisions of the TOU, you may include a link(s) on your website to the homepage of the Site, provided, you may not link to the Site to any website containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights, or that Provider otherwise deems inappropriate. The link to the Site must not damage, dilute or tarnish the goodwill associated with Provider, nor create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Provider. Provider reserves the right, in its sole discretion, to terminate a link to any website for any reason or no reason at all, including without limitation any website Provider deems to be inappropriate or antithetical to the Site or the TOU.

Provider is concerned about the integrity of the Site when it is accessed in a manner or viewed in a setting determined by third parties, such as bringing up or presenting content of the Site within another website (“Framing”). You thus may not Frame content from the Site, except with Provider’s prior written permission. Further, you may not archive, cache or mirror any Site content. If you would like to use, reprint, frame or redistribute any Site content other than as permitted herein, you must request permission from Provider by emailing Provider at fiveferriesnovel@gmail.com, including “Feedback” in the subject line of your email, and including: (a) your name, email address and telephone number; (b) the name of your company, if any; (c) the URLs where the proposed use would occur; and (d) specific details about the contemplated linking or Framing activities.

12. Copyright Agent. Provider respects the intellectual property of others and asks visitors to the Site to do the same. If you believe any content on the Site constitutes copyright infringement, please forward the information required by the Digital Millennium Copyright Act to Provider’s designated agent: William M. Ried, Esq., 264 Lexington Avenue, New York, NY 10016, telephone (212) 779-1142, email: fiverferriesnovel@gmail.com, including “Copyright” in the subject line of your email.

This contact information should not be used to contact the Author in regard to the Books, and Provider asks that any such contact be made through the mechanisms provided on the Site.

13. Manuscripts. Provider does not accept unsolicited manuscripts or ideas sent through the Site, and takes no responsibility for any manuscript or idea so transmitted.

14. Miscellaneous. Provider has the right to change the content or technical specifications of any aspect of the Site at any time and such changes may result in your being unable to access the Site. The failure of Provider to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 19 shall survive any termination of the TOU. Any provision of the TOU found invalid or unenforceable will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force. The TOU, and the Site’s Privacy Policy, constitute the entire agreement between you and Provider governing your use of the Site, and supersede all prior or contemporaneous written or oral agreements with respect to the subject matter hereof. These TOU may not be amended, nor any obligation waived, without Provider’s written authorization.

15. Privacy Policy

Click here for the Site’s privacy policy, which governs our gathering and use of information about you. By accepting the TOU, you also accept our Privacy Policy.