Terms & Conditions

Welcome to the Web site at www.inkpop.com ("Site") which is owned by HarperCollins Publishers L.L.C. ("HCP"). This Site is operated by HCP, and materials on the Site are owned, for the most part, by HCP. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and HCP.

Ownership

We do not claim any right of ownership in any manuscripts, comments, reviews, files, images, jackets, covers, photos, or any other material that users post on the Site (‘UG Content’). By posting your UG Content on the Site, you grant HCP a non-exclusive, fully paid, royalty-free, worldwide license to publish and display your UG Content on the Site and such third-party websites we select throughout the world. Subject to such license, you will continue to retain all your intellectual property ownership rights in such UG Content and continue to have the right to use your UG Content in any way you choose.

Inkpop Make Your Mark and logo design are trade marks of HCP

HCP has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and HCP. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at feedback2@harpercollins.com.

HCP reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

Access and Use

By using the Site you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and your use of the Site does not violate any applicable law. We reserve the right to terminate Membership and/or take down your profile if we believe you are under 13 years of age.

The following restrictions apply to all materials in this Site, except for your own UG Content.

The materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HCP or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting HCP in writing at HarperCollins Publishers L.L.C., Internet Development Group, 10 East 53rd Street, New York, NY 10022 or at feedback2@harpercollins.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Bulletin Boards, Chat Rooms & Blogs

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively "Forums"). However, HCP accepts no responsibility whatsoever in connection with or arising from such Messages.

HCP does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by HCP prior to posting and do not necessarily reflect the opinions or policies of HCP. HCP makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, HCP reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

HCP assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time HCP chooses, in its sole discretion, to monitor the Forums, HCP nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that HCP accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

The following is a partial list of the kind of activity that is illegal or prohibited on the Site . We reserve the right to investigate and take appropriate action against anyone who in our sole discretion violates these provisions, including but not limited to reporting you the relevant law enforcement authorities.

criminal activity, including, without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files; violation of intellectual property rights, including without limitation, copyright infringement, patent infringement, theft of trade secrets, and infringement of privacy/publicity rights; and or other violations of state, federal, national or international laws;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Site . You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. Covering or obscuring the banner advertisements on the Site via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments;
interfering with, disrupting, or creating an undue burden on the Site or the networks or services that support the Site ;
attempting to impersonate another Member or person;
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Site in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose or selecting a profile with a commercial purpose as one of your friends;
Soliciting “PII” (as defined in the Site’s Privacy Policy);
Providing your own PII or the PII of others;
Displaying content containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable content;
Displaying content that is restricted or requires password only access;
Soliciting a person to buy or sell goods or services or to make or solicit donations; or
using the Site in a manner inconsistent with any and all applicable laws and regulations.

If you become aware of any misuse of the Site please contact us by clicking on the "Report Abuse" link on the relevant page

Term and Termination

This agreement will remain in full force and effect while you use the Site . You may terminate this agreement by following the instructions on the ‘account settings page’. We may terminate your use of the Site at our discretion without warning at any time. If your account is terminated for any reason, you will lose access to all UG Content you previously posted to the Site. Accordingly, we recommend that you archive any of your UG Content that you want to preserve . Even after termination, the sections headed ‘Warranty’ and ‘Indemnity’ will remain in effect.

Reviews

As the Site is a platform for the exchange of creative ideas and views-be it reviews of your creative work or response to comments posted by you-you may find that you do not agree with the comments of others. Comments made may be negative as well as positive. Accordingly, you agree to waive your right to object to derogatory treatment of your UG Content.

You agree to release HCP, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Fees

Linked Sites

If HCP has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that HCP is connected with, operates or controls these Web sites.

HCP is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with HCP. When visiting other Web sites, however, you should refer to each such Web site’s individual "Terms of Use" and not rely on this Agreement.

Disclaimer of Liability and Warranties

While HCP does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that HCP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that HCP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that HCP is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that HCP is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

Indemnity

You agree to defend, indemnify and hold harmless HCP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

HCP is a Delaware limited liability company residing in the United States of America. While HCP reserves the right to retain foreign third-party agents to provide certain services related to the operation and maintenance of the Site, all PII collected from Members will be stored and maintained in the U.S. and shall be subject to the applicable state and federal laws of the U.S. In addition, HCP and its foreign third-party agents may be compelled to disclose your PII to government authorities under the laws of their respective jurisdictions.

This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

HCP will process notices of alleged copyright infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to HCP's Designated Agent.

Service Provider(s): HarperCollins Publishers LLC

Name/Contact Information of Designated Agent:

Kyran Cassidy
Asst. General Counsel
HarperCollins Publishers
10 East 53rd Street
New York, New York 10022
Telephone: (212) 207-7969
Fax: (212) 207-7552
E-mail: kyran.cassidy@harpercollins.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

As we only act as a host for what is a creative platform for the exchange of literary work and ideas we do not review UG Content. Accordingly, we operate a “notice and takedown” procedure. If you believe the Site contains material that is libelous of you or otherwise violates your non-copyright interests, please notify us by contacting:

Kyran Cassidy
Asst. General Counsel
HarperCollins Publishers
10 East 53rd Street
New York, New York 10022
Telephone: (212) 207-7969
Fax: (212) 207-7552
E-mail: kyran.cassidy@harpercollins.com

Once we receive this notice, we will make all reasonable endeavors to remove the offending material Content within a reasonable time.