This Membership Agreement ("Agreement") will detail the membership
terms between you and RomanceNovelCenter ("RomanceNovelCenter.com"),
with respect to your use of the RomanceNovelCenter.com service (the
"Service"). Please read it carefully. By signing up for the service,
you agree to the following:
1. THE SERVICE
The Service is a Social Sharing community which provides portfolios, cover
images, a romance novel book store, romance novel stock images, romance novel
trailers, discussion forums and members who wants to share and promote their
writing, novels, graphic and cover art abilities, editing abilities, reviews,
publishing businesses, romance novel conventions/events, and includes all
products and services which are described on the RomanceNovelCenter website or
which RomanceNovelCenter otherwise agrees to provide to you.
2. MEMBER PRIVACY
RomanceNovelCenter's policy is to respect the privacy of its members.
RomanceNovelCenter.com will not monitor, edit, or disclose any personal
information about you or your account, including its contents, without your
prior permission unless RomanceNovelCenter believes that such action is
necessary or if it is required to do so to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights or property of
RomanceNovelCenter.com (3) enforce this agreement; (4) remove or modify
information in order to protect you from scam and spam or (5) act to protect the
interests of other members or third parties. Warning! Don't post personal
information such as your phone number, email, address, IM screen name, or
specific whereabouts. Don't post anything that would make it easy for a stranger
to find your location, like your local hangout or school. Post pictures and
videos, but remember to think about where you're taking them, what you're
wearing that could identify you to a stranger (like school uniforms or landmarks
in the background). Don't take the risk and meet people in real life
that you only "know" online, and have no mutual real life friends
3. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material accessible to you
by virtue of membership is protected by copyrights, trademarks, service marks,
patents or other intellectual property rights and laws. Unless you are expressly
authorized to do so, you must not sell, lease, modify, copy, republish, upload,
download, post, broadcast, transmit, or distribute in any way content available
through the Service, including code and software. You further acknowledge and
agree that any information provided by or through RomanceNovelCenter is for
information purposes only and is not intended to constitute professional advice.
4. CHARGES AND USE OF SERVICE
The cost of the Service you use will be charged to the credit card, checking
account debiting or PayPal account designated by you. You acknowledge that you
are solely responsible for ensuring that no unauthorized use of your account or
PIN occurs and that any risk associated with the transmission of information
over the Internet or through the Service is borne by you. You further
acknowledge and agree to pay the charges for use of the Service in accordance
with the then-current pricing structure.
5. APPLICATION AND VARIATION OF TERMS AND PRICING
This Agreement, which includes the registration form, sets out the terms on
which RomanceNovelCenter provides the Service. To sign up and maintain a
portfolio profile means you agree to the recurring charges. Recurring charges
for the month are non-refundable if the member decides to terminate his or her
account. A member has 7 days before the due date to unsubscribe to the service.
By accessing the Service you are committed to the above terms.
6. SUSPENSION OF SERVICE
RomanceNovelCenter may, without notice of why and when, suspend the Service or
disconnect, deny or restrict your access to the Service: (a) during any
technical failure of, modification or maintenance to the Service, but
RomanceNovelCenter will use reasonable endeavors to procure the resumption of
the Service as soon as reasonably practicable; or (b) if you use the Service in
breach of this Agreement until the breach (if capable of remedy) is remedied, or
if you do or fail to do anything which in RomanceNovelCenter opinion may have
the affect of jeopardizing the operation or integrity of the Service or any
other service. Despite suspension, disconnection, denial or restriction of the
Service under this clause you remain liable for all charges due throughout the
period of suspension, disconnection, denial or restriction.
7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law all terms, warranties, undertakings, inducements
and representations relating to the Service are excluded and RomanceNovelCenter
will not be liable for any loss or damage (including without limitation
indirect, special or consequential loss or damage) arising from the Service
whether or not caused by any negligent act or omission. If any legislation
implies any term or warranty that cannot be excluded, RomanceNovelCenter's sole
liability will be, in the case of goods or services, to re-supply of the goods
or services, or to pay for the cost of having the goods or services re-supplied.
To the extent permitted by law, RomanceNovelCenter is not liable for the
unavailability of the Service at any time or for any reason. To the extent
permitted by law, RomanceNovelCenter disclaims any warranty in relation to the
performance, operation, reliability or availability of the Service. Without
limiting the preceding provisions of this clause, RomanceNovelCenter expressly
disclaims liability for any loss, damage, costs, expenses and liabilities of
whatever nature arising (directly or indirectly) from the use of products
proprietary to, or provided by, third parties, or from any recommendation by
RomanceNovelCenter that you use or accept such products.
8. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of
the Service, or the resale of its services, is prohibited. You must not use the
Service to solicit business for any competitive service. You agree to abide by
all applicable local, state, national and international laws, regulations,
ordinances, by-laws and rules and are solely responsible for all acts or
omissions that occur under your account name or password, including, without
limitation, the content of your transmissions through the Service. By way of
example, and not as a limitation, you agree not to: A. use the Service in
connection with chain letters, junk email, spamming, or any duplicative or
unsolicited messages (commercial or otherwise); B. harvest or otherwise collect
information about others, including email addresses, without their consent; C.
create a false identity or forged email address or header, or otherwise attempt
to mislead others as to the identity of the sender or the origin of a message;
D. transmit through the Service unlawful, harassing, defamatory, abusive,
threatening, harmful, vulgar, obscene, offensive or otherwise objectionable
material; E. transmit any material that may infringe the intellectual property
rights or other rights of third parties, including without limitation, trade
marks or copyright; F. transmit any material that contains viruses, Trojan
horses, worms, time bombs, cancelbots, or any other harmful or deleterious
programs; G. use the Service to violate any applicable law restricting the
export or import of data, software or any other content: H. interfere with or
disrupt networks connected to the Service or violate the regulations, policies
or procedures of such networks; I. gain or attempt to gain unauthorized access
to the Service, other accounts, computer systems or networks connected to the
Service, through password mining or by any other means; or J. interfere with
another member's use and enjoyment of the Service or another entity's use and
enjoyment of similar services. K. use the Service in any unethical manner or
contrary to accepted community standards. L. post multiple images within one
image. M. try to manipulate any html coding to be used other than its intent. N.
harass, bother, insult, or post negative or derogatory things about another
member unless it is clearly factual, of bad services or goods provided to you
from said member.
9. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is limited to 10MB, and some messages may
not be processed due to space constraints or outbound message limitations. You
agree that RomanceNovelCenter is not responsible or liable for the deletion of,
failure to store or non-deliveries of email messages.
You indemnify and will keep indemnified RomanceNovelCenter and its employees,
subcontractors and consultants from and against all actions, claims, demands,
costs or expenses made, sustained, brought or prosecuted or in any manner based
upon, occasioned by or attributable to the Service which may arise from or as a
result of any breach of the terms of this Agreement by RomanceNovelCenter, its
employees, subcontractors or consultants or any unlawful or negligent act or
omission of RomanceNovelCenter, its employees, subcontractors or consultants.
All product and service marks that appear on the RomanceNovelCenter web site
that are not RomanceNovelCenter marks are the trademarks of their owners.
References to any names, marks, products or services of third parties or
hypertext links to third party sites or information do not constitute or imply
endorsement, sponsorship or recommendation of the third party information,
product or service.
12. GOVERNING LAW
The laws of the State Of California govern this Agreement and the parties
irrevocably and unconditionally submit to the non-exclusive jurisdiction of the
courts of that jurisdiction.
If a provision of this Agreement or a right or remedy under it is invalid or
unenforceable in a particular jurisdiction: (a) it is to be read down or severed
in that jurisdiction only to the extent of the invalidity or unenforceability;
and (b) it does not affect the validity or enforceability of that provision in
another jurisdiction or the remaining provisions in any jurisdiction.
RomanceNovelCenter may immediately terminate this Agreement or the provision of
the Service if the Customer's account is inactive for a period of 12 months
since the date on which the Customer last used the Service. In addition,
RomanceNovelCenter may immediately terminate this Agreements or the provision of
the Service if it considers that: (a) you have breached any term of this
agreement; (b) you are or may be or likely to become insolvent or bankrupt; (c)
an unauthorized person is, or may be using, your account; (d) you do not have
any prepaid credit. All outstanding charges will become immediately due and
payable to RomanceNovelCenter on giving of notice of termination and in no
circumstances shall the member be entitled to any refund of payments made except
as set forth in Sections 18 and 19 below.
A single or partial exercise of a right does not preclude a further exercise of
that right or the exercise of another right. Failure by a party to exercise a
right or delay in exercising that right does not prevent its exercise or operate
as a waiver. A waiver is only effective in the specific instance and for the
specific purpose for which it is given.
16. YOUR RIGHT TO CANCEL
You may cancel this contract, and if you paid, get a full refund without any
penalty or obligation, if notice of cancellation is given, within 7 business
days from the date your next bill is dued. To cancel this contract, fill in the
contact us section and submit, which must be done during business hours 9am -
3pm EST Monday - Friday. When you cancel, your billing stops immediately, and no
new charges will be billed to you unless you re-instate your subscription.
17. RIGHT TO REFUND
If you pay a fee and you fail to receive the services promised (fully functional
site), then RomanceNovelCenter shall, upon your written or e-mailed request,
return the amount paid by you within 7 days of your request for a refund.
18. PHOTO RELEASE
I hereby assign and grant to RomanceNovelCenter the right and permission to use
and/or publish photographs or likeness, videos or MP3s of me for advertising
purposes, promotion or display, in all forms of media. I hereby release and
discharge RomanceNovelCenter, its owners, and employees, and any persons acting
on behalf of RomanceNovelCenter from any liability stemming from the publishing
of said photos, videos or MP3s, including, but not limited to, copyright
infringement or piracy. I further discharge RomanceNovelCenter from any and all
liability for damages caused by any blurring, distortion, alteration, optical
illusion, or use in composite form of said picture which may occur during the
taking, processing, or production of said picture or the finished product. I
understand that RomanceNovelCenter shall have the right to terminate my
portfolio for any reason whatsoever. I hereby certify that I am over eighteen
years of age, or, in the alternative, that my parent or guardian hereby gives
their express consent to my entering into this release.
19. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and RomanceNovelCenter. An
understanding, arrangement, representation or provision not expressly set out in
it is not binding. All correspondence, negotiations and other communications in
relation to its subject matter that precede it are suspended by it and merged in
20. CREDIT CARD DESCRIPTOR
Charges will appear on your credit card statement as "RomanceNovelCenter"
ROMANCENOVELCENTER.COM IS A TALENT
RESOURCE AND AN INDUSTRY DATA BASE LISTING SERVICE. ROMANCENOVELCENTER.COM IS
NOT A TALENT AGENCY. FOR MORE INFORMATION, TO THE EXTENT THAT IT APPLIES CONSULT
CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE
CALIFORNIA LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT
BY ROMANCENOVELCENTER.COM THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST
SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW
ENFORCEMENT, AS APPROPRIATE.
This Agreement represents the entire agreement between you and
RomanceNovelCenter.com regarding the use of our services and supersedes any
other agreement or understanding on the subject matter. This Agreement, your
rights and obligations, and all actions contemplated by this Agreement shall be
governed by the laws of the State of California, USA. As a condition of using
RomanceNovelCenter.com's services, each user agrees that any and all disputes
and causes of action arising out of or connected with RomanceNovelCenter.com,
shall be resolved through arbitration, with such arbitration to be held in
Additionally, except where
prohibited by law, as a condition of using RomanceNovelCenter.com services, you
agree that any and all disputes and causes of action arising out of or connected
to our services shall be resolved individually, without resort to any form of
class action. You also agree that regardless of any statute or law to the
contrary, any claim or cause of action arising from or related to the use of
RomanceNovelCenter.com must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The failure of either party to
exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and be
enforceable. This Agreement is not assignable, transferable or sublicensable
without the prior written consent of RomanceNovelCenter.com.
RomanceNovelCenter.com will use the credit card information you provide to bill
you for goods and services. By registering for a for-fee service and providing
your credit card details, you agree to be billed by us for your for-fee service
in advance. RomanceNovelCenter.com will not share your financial information
with third-parties, except as necessary to process your payment. By providing
your credit card details to us, you consent to, and authorize us to, provide
your credit card details to such credit card processors and financial
institutions as are necessary to process your payment, and may assign this
Agreement in whole or in part. No agency, partnership, joint venture, or
employment is created as a result of this Agreement. Headings are for
convenience only and have no legal or contractual effect. All notices under this
Agreement shall be in writing and shall be deemed to have been duly given when
receipt is electronically confirmed, if transmitted by facsimile or email or
upon receipt, if sent by certified or registered mail, return receipt requested.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL
ROMANCENOVELCENTER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD
PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH
THE CONTENT DISTRIBUTED BY ROMANCENOVELCENTER.COM AS WELL AS ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY
ARISING OUT OF THE USE OR INABILITY TO USE THE ROMANCENOVELCENTER.COM SERVICE OR
OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ROMANCENOVELCENTER.COM
WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER
ROMANCENOVELCENTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN
WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING
THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S.
You hereby agree to indemnify,
defend and hold harmless RomanceNovelCenter.com and all officers, directors,
owners, agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and against any and all
liability and costs, including, without limitation, reasonable attorneys' fees,
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement or the foregoing representations, warranties
and covenants. You shall cooperate as fully as reasonably required in the
defense of any such claim. RomanceNovelCenter.com reserves the right, at its own
expense, to assume the exclusive defense and control of any matter subject to
indemnification by you.
We may modify this Agreement from time to time. Notification of changes in this
Agreement will be posted on the Service or sent via electronic mail, as we may
determine in our sole discretion. If you do not agree to any modifications, you
should terminate your use of the Service. Your continued use of the Service now,
or following the posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or any subsequent
Copyright and Trademark Information
Any use of materials on the website, including reproduction, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission of
an authorized Moderator of RomanceNovelCenter is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic device, or
manual process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized Moderator of
RomanceNovelCenter.com. RomanceNovelCenter's trademarks may not be used in
connection with any product or service that is not provided by
RomanceNovelCenter.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits RomanceNovelCenter.
All other trademarks displayed on RomanceNovelCenter's website are the
trademarks of their respective owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with RomanceNovelCenter.com
Unauthorized Use of Materials
to this site or to us, whether by electronic mail, post, or other means, for any
reason, will be treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you grant us and our
agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of the form or medium
(now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
We respect the intellectual property of others, and we ask you to do the same.
If you or any user of this site believes its copyright, trademark or other
property rights have been infringed by a posting on this site, you or the user
should send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content (email
address is preferred).
5. Include the following statement: "I have a good faith belief that use of
the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement for RomanceNovelCenter.com:
Contact: Romance Novel Center Public Relations Manager
You acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our site
without liability to you or any other party and that the claims of the
complaining party and the party that originally posted the materials will be
referred to the United States Copyright Office for adjudication as provided in
the Digital Millennium Copyright Act.
Copyright 2012 Romance Novel Center