Terms of Use

Last updated on October 2, 2007

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT USE THIS WEB SITE.

1. Acceptance of Terms

This Web site (the "Web Site") is operated by The New York Quarterly Foundation, Inc. ("NYQ"). When used in these Terms of Use, "we", "us", and "our" mean NYQ, and "you" and "your" refers to any individual, company, or entity that accesses or otherwise uses this Web Site. You are required to agree to these Terms of Use ("Agreement") in order to use the Web Site. By using this Web Site and any services offered through this Web Site (including making a purchase through the Web Site), you hereby agree to the terms and conditions of this Agreement. Each use of any page of this Web Site will be deemed a separate transaction governed by the terms of use applicable at the time of use. NYQ may modify or revise this Agreement at any time; therefore, you should review this Agreement through the "Terms of Use" link provided on the Web Site prior to each use of the Web Site. If you do not agree to be bound by the terms of the modified or revised Agreement, you agree to stop using the Web Site.

This Agreement applies only to your use of this Web Site, and it does not apply to your use of any other products or services offered by NYQ. This Agreement covers all aspects of the Web Site, unless otherwise provided by NYQ. We may establish additional or different terms of use for certain areas of this Web Site which are accessible to members or other registered users only. In the event of any conflict between the terms of this Agreement and such additional terms of use, the additional terms of use shall govern and control.

2. Privacy

By using this Web Site, and joining our mailing list or other services, you expressly consent to NYQ's disclosure and use of your personally identifiable information as described in our Privacy Policy, which is incorporated herein by reference.

3. Site Content

The contents of this Web Site, including without limitation, text, graphics, images, information, software, and other material (collectively, the "Content") is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by NYQ and material owned or controlled by third parties and licensed to NYQ. Except as otherwise expressly provided in this Agreement, you agree not to copy, reproduce, display, publicly perform, distribute, transmit, broadcast, sell, license, or otherwise use or exploit or create derivative works based upon the Content, in any way for any public or commercial purpose without the written permission of NYQ; provided that subject to your compliance with this Agreement, NYQ grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Web Site and Content via the Internet solely for purposes of viewing such content, and (b) print out pages of this Web Site for your personal, non-commercial use only.

NYQ assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content from, the Web Site. If you download or copy Content from this Web Site, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

4. Copyright Notification

NYQ does not permit copyright infringing activities and other infringement of intellectual property rights on this Web Site, and NYQ will remove any Content if properly notified that such Content infringes on another�s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content in this Web Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. � 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact NYQ's designated Copyright Agent to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to NYQ through the "Contact Us" area of the Web Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

5. Trademarks

NYQ, New York Quarterly, Poets Craft, NYQ Poets, the NYQ logo and other NYQ products and service names are trademarks and service marks of The New York Quarterly Foundation, Inc. (the "NYQ Marks"). The NYQ Marks may not be used in connection with any product or service which is not provided directly by NYQ, or in any manner that is likely to cause confusion among customers or Users, or in any manner that disparages or discredits NYQ. Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the NYQ Marks without our prior express written consent.

You may not use any meta tags or any other forms of hidden text utilizing NYQ's name or the NYQ Marks without our express prior written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray NYQ, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the NYQ Marks as part of the link without our express written permission.

6. Third Party Links and Services

NYQ may provide links to third party Web sites. NYQ has no control over or responsibility for such Web sites. You agree that NYQ is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from, or the privacy policies or other policies of, such Web sites. Inclusion of any link or reference by NYQ does not imply endorsement of these Web sites.

You may order services or merchandise through the Web Site from other persons or companies not affiliated with NYQ, such as Amazon.com or Powell�s Books ("Seller"). All issues and concerns pertaining to merchandise and services sought or purchased from a Seller, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider NYQ, nor will NYQ be deemed: (a) a party to such transactions, whether or not NYQ may have received some form of revenue or other compensation in connection with the transaction, or (b) liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. NYQ MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH NYQ�S WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH NYQ�S WEB SITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK.

7. NYQ Hosted Sites

NYQ may provide web space on its servers for Web sites of poets that may be accessed through the Web Site or other external means ("Hosted Site"). By using any Hosted Site, you hereby agree that NYQ shall not be liable for any content and/or interactions between you and the owner of the Hosted Site. If you have any questions or concerns regarding any content, transaction or otherwise with respect to a Hosted Site, please contact directly the owner of the Hosted Site.

8. Disclaimer Of Warranties

THIS WEB SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WITH ALL FAULTS" BASIS. YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NYQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF. NYQ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF THIS WEB SITE�S CONTENT, THE CONTENT OF ANY WEB SITES LINKED TO OR HOSTED ON THIS WEB SITE, OR OTHER MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE USE OF THIS WEB SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NYQ'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEB SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEB SITE BY ANY THIRD PARTY, OR (VI) ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEB SITE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYQ, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), EVEN IF NYQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OF OR INABILITY TO USE THIS WEB SITE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY MEMBER ACCOUNT BY ANYONE OTHER THAN NYQ, (III) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEB SITE, (IV) ANY VIOLATION OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS BY ANY USER OF THE WEB SITE, OR (V) ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, ITS SERVICES OR THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR ANY DETERMINATION THAT THE FOREGOING DISCLAIMER IS UNENFORCEABLE IN WHOLE OR IN PART, NYQ'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO NO MORE THAN TEN DOLLARS ($10) OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.

10. Indemnity

By using this Web Site, you agree to indemnify, defend and hold harmless NYQ, its affiliates, and their respective directors, officers, employees, agents, consultants and contractors from and against any and all losses, claims, action, damages, costs, and expenses, including without limitation, reasonable attorney�s fees, that may arise from (a) your activities in connection with the Web Site; (b) any violation of this Agreement by you; or (c) any improper or unauthorized use of the Content by you. NYQ will provide notice to you of any such losses, claims, action, damages, costs, or expenses, and reserves the rights to participate, at its own expense, in the investigation, settlement, and defense of any such claim or action. These defense and indemnification obligations will survive any termination or expiration of this Agreement.

11. Questions

If you have any questions about the Web Site, please contact us through the "Contact Us" area of the Web Site. We try to answer every email in a timely manner, but are not always able to do so.

12. General

NYQ makes no claims that the Web Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may be illegal by certain persons or in certain countries. If you access this Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you are located while using the Web Site.

This Agreement and the relationship between you and NYQ shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NYQ agree to submit to the personal and exclusive jurisdiction of the courts located within the Manhattan Borough, New York County, State of New York, including, without limitation, any claim involving NYQ or its affiliates, employees, contractors, consultants, officers, directors, or content providers. The failure of NYQ to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You may not assign the Agreement or any of your rights or obligations under the Agreement without NYQ�s express written consent. This Agreement inures to the benefit of NYQ�s successors, assigns and licensees. In the event that NYQ determines, in its sole discretion, that you have breached any terms of this Agreement, NYQ reserves the right to terminate your access to the Web Site and take any other action which NYQ, in its sole discretion, deems to be appropriate. The section titles in the Agreement are for convenience only and have no legal or contractual effect. This Agreement and the NYQ Privacy Policy constitute the entire agreement between you and NYQ with respect to the matters referenced herein, unless otherwise provided in this Agreement.