Terms of Service
THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE
Acknowledgment & Acceptance of Agreement
Pursuant to this Agreement, you, as User submit your writing (manuscript and/or screenplay) and/or link(s) for consideration for publication via the Morgan Pierce Media & Publishing™ website. The terms and conditions applicable are set forth below.
Notification of Changes
Morgan Pierce Media & Publishing™ may, at any time at its sole discretion, change the terms of this
Agreement. Modifications may include, without limitation, increases to fees charged for Services offered. Whenever Morgan Pierce Media & Publishing™ changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement. The revised terms will become effective on the date Morgan Pierce Media & Publishing™ posts such changes to its website.
It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if Morgan Pierce Media & Publishing™ determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account.
If any modification to this Agreement is not acceptable to you, your only remedy is to notify Morgan Pierce Media & Publishing™, as provided in Section 3 below.
Term of Agreement
Morgan Pierce Media & Publishing™ may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
Service Fees and Payment Terms
User agrees to pay all applicable charges under this Agreement, including any
applicable taxes or charges imposed by any government entity.
If User disputes any charge made under this Agreement, User must notify Morgan Pierce Media & Publishing™ in writing within thirty (30) days after such charge. Failure to notify Morgan Pierce Media & Publishing™ shall result in waiver by User of any claim relating to such disputed charge.
Charges shall be calculated solely based on records maintained by Morgan Pierce Media & Publishing™. No other measurements or statistics of any kind shall be accepted by Morgan Pierce Media & Publishing™ or have any effect under this Agreement.
Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and User shall reimburse Morgan Pierce Media & Publishing™ for any costs and fees (including attorneys’ fees) incurred by Morgan Pierce Media & Publishing™ in an effort to collect any amount due hereunder.
Disputes: If User has any questions or objections regarding charges to its credit card, it must promptly (within 30 days) notify Morgan Pierce Media & Publishing™ in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection before it disputes the charge with the credit card processing company. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges.
If User fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or User files a dispute with the credit card processing company that is not in good faith, User will be in material breach of this Agreement and Morgan Pierce Media & Publishing™ will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it.
Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest.
For purposes of this paragraph, disputing payment because of inability to pay shall not be considered to be a good faith dispute.
Payment Method: To maintain an account with Morgan Pierce Media & Publishing™ User must maintain a valid Visa, MasterCard or American Express credit card number on file with us. User’s credit card will be charged upon official acceptance of literary submission(s) as per mutually agreed upon contractual agreement per publication project. Only submissions officially accepted for the publication process by Morgan Pierce Media & Publishing™ and agreed to in writing by both parties (Morgan Pierce Media & Publishing™ and User) shall be charged.
Payment by credit card is preferred but Cashier’s Checks can and will also be accepted, with prior notice given.
Editorial Standards and Requirements
A) User’s literary submission(s) to Morgan Pierce Media & Publishing™ are subject to Morgan Pierce Media & Publishing™ approval. User agrees to be bound by and follow the Morgan Pierce Media & Publishing™ editorial standards as described on the Morgan Pierce Media & Publishing™ website and also detailed in the Morgan Pierce Media & Publishing™ Author’s contract. Advertiser’s submissions to the KalonWomen.com site will be subject to editorial review, modification and/or removal at Morgan Pierce Media & Publishing™ sole discretion. Morgan Pierce Media & Publishing™ reserves the right, but not the obligation, to review User’s submissions.
B) USER REPRESENTS AND WARRANTS THAT ITS LINKS AND SUBMISSIONS TO MORGAN PIERCE MEDIA & PUBLISHING™ DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, MORGAN PIERCE MEDIA & PUBLISHING™ OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, PLAGIARIZED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MORGAN PIERCE MEDIA & PUBLISHING™ AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD-PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, ‘LOSSES’) THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY USER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY USER LINK, SUBMISSION, PUBLICITY APPEARANCE OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH USER’S LINKS, SUBMISSIONS, PUBLISHED WORKS OR PROMOTIONAL LISTINGS. MORGAN PIERCE MEDIA & PUBLISHING™ RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
Security Morgan Pierce Media & Publishing™ endeavors to protect the security of User’s payment information during transmission by using Secure Sockets Layer (‘SSL’) when receiving payment information through the Morgan Pierce Media & Publishing™ website. Security precautions are also in place and carefully and consistently utilized when protecting Users’ literary submissions to Morgan Pierce Media & Publishing™. It is important for User to protect against unauthorized access to their password and their computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and User agrees to accept full responsibility for all activities conducted using User account(s) on the Morgan Pierce Media & Publishing™ website.
User is required to submit registration information. Morgan Pierce Media & Publishing™ may use such information to contact User regarding its listings, submissions and/or links. Morgan Pierce Media & Publishing™ may disclose such information to its third-party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this
Agreement; or (c) protect the rights or interests of Morgan Pierce Media & Publishing™, its affiliates or related parties as detailed earlier in this Agreement. Notwithstanding anything to the contrary herein, Morgan Pierce Media & Publishing™ may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Morgan Pierce Media & Publishing™ with another entity.
User hereby grants to Morgan Pierce Media & Publishing™ a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise utilize User’s published manuscript(s)/Screenplay(s)/Literary submission(s) and/or listing(s), and/or portions thereof for the purposes of completing contractual duties and/or promoting User and User’s work once publication of said works has been achieved.
Submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by User (collectively the ‘User Marks’), for purposes of providing the services covered by this Agreement; and incorporate in Morgan Pierce Media & Publishing™ sites links provided by User as part of its listings and submissions.
NEITHER MORGAN PIERCE MEDIA & PUBLISHING™ NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. MORGAN PIERCE MEDIA & PUBLISHING™ OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACTS OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND MORGAN PIERCE MEDIA & PUBLISHING™ REASONABLE CONTROL. USER ACKNOWLEDGES THAT MORGAN PIERCE MEDIA & PUBLISHING™ SITE IS OPERATED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS AND THAT NEITHER MORGAN PIERCE MEDIA & PUBLISHING™ NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS, OR LITERARY SUBMISSION(S) AND/OR SEGMENTS THEREOF, THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL MORGAN PIERCE MEDIA & PUBLISHING™ OR ANY OF ITS SUPPLIERS, VENDORS OR
AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL MORGAN PIERCE MEDIA & PUBLISHING™ LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO MORGAN PIERCE MEDIA & PUBLISHING™ BY USER UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.
In no event shall User collect, or cause or permit the collection of, any Personal Information (as defined below) from users of Morgan Pierce Media & Publishing™’s website while such users are browsing or viewing the Morgan Pierce Media & Publishing™ website or place any file or code, including cookies, on the personal computers of users of the Morgan Pierce Media & Publishing™ website while such users are browsing or viewing the Morgan Pierce Media & Publishing™ website. Morgan Pierce Media & Publishing™ privacy policies shall apply to users of the Morgan Pierce Media & Publishing™ website while users are browsing or viewing Morgan Pierce Media & Publishing™’s website, and User shall comply with same. Morgan Pierce Media & Publishing™ shall own all information relating to user access to the Morgan Pierce Media & Publishing™ site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. ‘Personal Information’ includes an individual’s name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
Reservation of Rights
User agrees that Morgan Pierce Media & Publishing™ retains all right, title and interest in and to Morgan Pierce Media & Publishing™ technology, services and other intellectual property rights. User agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Morgan Pierce Media & Publishing™, except as explicitly provided herein or approved in advance in writing by Morgan Pierce Media & Publishing™
Morgan Pierce Media & Publishing™ reserves the right, at its sole discretion, to remove User’s Listing(s) and/or cancel User’s account and/or contract for any reason or no reason; change the fees for Services Rendered; alter the content and/or other aspects of any Listing/Submission once under contract, as might be required by law or in the fulfilling of our duties as Publisher; and/or discontinue User Contract if violations, as referenced above, occur. Payment of User’s fee will not guarantee that User submission(s), link(s) and/or account will remain active with Morgan Pierce Media & Publishing™ if violations occur, ie:
User or User’s listing(s)/Submission(s) is/are deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, User shall promptly pay Morgan Pierce Media & Publishing™ all fees due hereunder.
Receipt times of all submissions, notices and other correspondences and transactions via the Morgan Pierce Media & Publishing™ website are measured based on receipt by the Morgan Pierce Media & Publishing™ servers.
This Agreement: (a) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether
written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Morgan Pierce Media & Publishing™ must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect.
Exclusive venue for all disputes arising out of or related to this Agreement shall be the state and federal courts located in Harris County, Texas, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of Morgan Pierce Media & Publishing™. Morgan Pierce Media & Publishing™ may freely assign and delegate the Agreement and any of its rights and obligations hereunder.