We, the Operators of NiftyLit, provide this Website as a public service to our users.
Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed.
For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
Permitted and Prohibited Uses
Primarily applicable when features such as comments and/or user account profiles are enabled on the Website. You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
The Operators note that the unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.
User Discussion Lists and Forums
Primarily applicable when features such as comments and/or user account profiles are enabled on the Website. The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
The Operators may edit or remove content on the Website at their discretion at any time.
Use of Personally Identifiable Information
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other rights of any person or entity.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.
1. Grant of Rights
1.1. Author grants NiftyLit a perpetual, worldwide, royalty-free, transferable, sublicensable, and unlimited right to Publish the Work.
1.2. The Author grants NiftyLit permission to use the Work (or parts of the Work) and Author’s name or professional pseudonyms in marketing advertising, promotional, or other purposes.
1.3. For electronic form publications, Author grants NiftyLit the right to adjust the Work to respective forms of use including links, combining the Work with other works, or remove links or combinations with other works provided in the Work.
1.4. The copyright in the Work shall belong to the Author. The Author grants NiftyLit the right to take, either in NiftyLit’s own name or in that of the Author’s, any steps NiftyLit deems necessary to protect the right granted to NiftyLit under this Agreement against infringement by third parties. The Author grants NiftyLit permission to register copyright or any other intellectual property rights in any Anthology including the Work (or parts of the Work) under NiftyLit’s own name.
1.5. During the Initial Term, NiftyLit shall be the exclusive publisher for the Work in all print or electronic forms, in all languages, throughout the Territory and shall have an exclusive right to Publish the Work.
1.6. During the Subsequent Term:
1.6.1. NiftyLit shall have a non-exclusive right to Publish the Work.
1.6.2. The Author may include the Work in other forms of publication or media so long as the Author includes an acknowledgement that NiftyLit originally published the Work.
2. Term. The term of this Agreement shall commence on the “Effective Date” and automatically renew every year unless terminated by one of the Parties or its successor (the “Term”). The Term shall be divided into an initial term of two (2) years where NiftyLit shall have exclusive publishing rights to the Work (the “Initial Term”) and a subsequent time period where NiftyLit shall have non-exclusive publishing rights to the Work (the “Subsequent Term”).
3. Representations and Warranties
3.1. The Author represents and warrants:
3.1.1. that the Author is the sole and original creator of the Work (except for such excerpts from copyrighted works (including without limitation any illustrations, tables, animations, or text quotations) as may be included with the permission of the copyright holder.
3.1.2. that the Author has the authority to convey the rights granted herein, that the Author has not assigned such rights to any third party, that the Work has not previously been published within the Territory in the specified language(s) (in whole or in part), that the Work contains no defamatory statements, that the Work does not infringe on any intellectual property or proprietary right of others (including rights obtained through licenses), that the Author has fully disclosed to NiftyLit any previous publications of the Work (in whole or in part) in any medium. Should any such intellectual property right holder’s permissions be required, Author shall obtain written permission from the copyright holder to the extent necessary to grant NiftyLit and relevant third parties all uses of the Work detailed in this Agreement.
3.1.3. that publication of the Work by NiftyLit in any form or medium will not infringe any intellectual property right under common law, U.S. law, or the laws of any foreign nation.
3.1.4. that the Author shall execute all documents and take all measures reasonably required by NiftyLit to confer upon NiftyLit and any relevant third parties all rights intended to be granted under this Agreement.
3.1.5. that the Author shall hold harmless, protect, indemnify and defend NiftyLit and its agents, officers, directors, and employees from any costs, expenses, or damages relating to material breach of any of the Author’s representations, warranties, covenants or obligations contained in this Agreement, including, without limitation reasonable attorney’s fees except to the extent such claims, liability, losses, cost or expenses arise out of NiftyLit’s fraud, willful misconduct, or material breach of this Agreement.
3.1.6. that the Author’s warranties and indemnities shall survive the termination of this Agreement.
3.2. For clarity, the Author’s warranties and indemnities do not extend (i) to illustrations, photographs, designs, or similar materials not supplied by the Author that NiftyLit may add to any edition of the Work, or (ii) to such materials or to text not supplied by the Author and dissimilar in substance from the content of the Work that either may be added by NiftyLit to the cover of any edition of the Work or used by NiftyLit in connection with any advertising or promotion of the Work. With respect to such materials or text described above in the subparagraph, NiftyLit will indemnify the Author against such Claims.
3.3. In the event of any asserted claim or legal proceeding by a third party based on an alleged violation of any of Author’s representations or warranties (“Claims”), NiftyLit shall have the right to defend the Claims by counsel of its own choosing. The Author may retain the Author’s own counsel at the Author’s own expense. The Author shall indemnify and hold harmless NiftyLit and any seller or licensee of rights in the Work against any damages or losses incurred including any amounts actually paid in settlement, as well as against the cost, including, but not limited to, reasonable attorneys’ fees, of defending any Claims (collectively “Losses”). No settlement of any Claim shall be made without the Author’s prior written approval, such approval not to be unreasonably withheld or delayed; however, if the Author wants to continue defending a Claim that NiftyLit wishes to settle, the Author shall post a bond (in an amount, form, and content satisfactory to NiftyLit, taking into account the size of the Claim and the anticipated defense costs) securing NiftyLit, its licensees and sellers of the Work, and its insurers against any and all costs and expenses in excess of the amount at which NiftyLit was willing to pay to settle such Claim including, without limitation, any reasonable outside attorneys’ fees, judgments and penalties.
Additional Agreement information between Author and NiftyLit concerning Payment, Publisher’s Rights, Delivery and Acceptance of Manuscript, Additional Disclaimers and Limitations of Liability, Terms, Termination, and Notices are covered by NiftyLit’s Master Publishing Agreement which is provided to the Author of the work once work has been accepted for publication and author verbally agrees to publication of the work with NiftyLit.