User Agreement with Rosen Publishing
IMPORTANT—READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEB SITE. BY ACCESSING THE PRODUCT OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
This Agreement constitutes the agreement between The Rosen Publishing Group, Inc (“Rosen”) and you as a user who accesses or establishes a connection to this Web site.
By using this Web site, you agree to abide by all of the terms and conditions of this Agreement. You must abide by all of the provisions in this Agreement in order to access and remain an authorized user of this Web site. You are solely responsible for your use of this Web site and for ensuring that your use complies fully with the provisions of this Agreement.
Rosen reserves the right to change, add, or remove portions of this Agreement at any time, but if it does so, it will post such changes on this Web site, or send them to you via e-mail. Any changes to this Agreement will be effective immediately upon notice to you. Your use of this Web site after notice of changes to this Agreement will be deemed your acceptance of the changes. If you do not agree to any changes, you may terminate this Agreement by written notice to Rosen and you will not use the Web site after the sending of such notice.
All information provided on this Web site is owned by or licensed to Rosen unless otherwise indicated. Rosen and its licensors retain all proprietary rights to the information on this Web site. Copyright law protects the content created by Rosen’s authors and editors and posted on this Web site. Rosen will permit you to download the content contained on the this Web site on any single computer and/or make a single print copy of the content solely for your own personal use provided you retain all copyright and other proprietary notices.
You expressly agree that all downloaded content, including all text and images, will be for personal use only, and are prohibited from republication, retransmission, or reproduction of the content for any commercial purpose. You may not reconfigure or repurpose, outside the context of its intended use, any content with the intention of making that content available via mobile telephony technology.
Modification of the content or use of the content for any other purpose would constitute a violation of Rosen’s and/or its licensor's copyright, trademark, and other proprietary rights.
You may not republish, post, transmit or in any way distribute Rosen content, including without limitation the copying of Rosen content, and posting it on your Web site or a third-party Web site without the written permission of Rosen. You may obtain permission by writing to Rosen Publishing, 29 East 21st Street, New York, New York 10010.
The Web site may provide users an opportunity to exchange ideas and information. The ideas and information posted do not necessarily reflect the views of Rosen Publishing. While using this Web site, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or any other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without the express permission of Rosen.
Rosen may contain links to other related Internet sites, resources, and partners of Rosen. Rosen is not responsible for the availability of these outside resources or their contents and is not undertaking any responsibility or liability for information or publications of third parties even if you access them through these pages.
Rosen reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement and to deny access to anyone who violates this Agreement. Notwithstanding the foregoing, Rosen expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages, or losses resulting from the use thereof.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER ROSEN NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, ASSOCIATES OR LICENSORS WARRANT THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. ROSEN PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS WITH REGARD TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED BY ACCESSING AND USING THE CONTENT CONTAINED ON THIS WEB SITE.
IN NO EVENT SHALL ROSEN PUBLISHING, ITS EMPLOYEES, ASSSOCIATES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ROSEN PUBLISHING (AND ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
Rosen shall invoice you for its charges for the content and access to the Web site provided pursuant to this Agreement and you agree to pay such charges within the time period set forth in the invoice for such charges.
You agree to defend, indemnify, and hold harmless Rosen Publishing (and any of its employees, agents, third party content providers, associates or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of this Web site. Rosen reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
Either party hereto may terminate this Agreement by giving thirty days’ prior written notice of termination to the other. In the event of termination, you may not thereafter use or access the Web site and all rights granted to you by Rosen shall terminate and revert to Rosen. Nothing in this Agreement shall require Rosen to maintain the Web site.
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York, with venue in New York City, in any and all actions, disputes, or controversies relating to this Agreement.