Conditions of Use
Welcome to the LDS Writer's Market Guide™. The goal of this web site (www.ldswritersmarket.com and www.ldswm.com) is to provide access to the widest selection of information about LDS writing markets possible. To insure a safe, nonoffensive environment for all of our users, we have established our Conditions of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of the Guide users ("Users") agree to be legally bound and to abide by the terms set forth below. www.ldswm.com is owned and operated by WindRiver Publishing, Inc. Any references herein to www.ldswm.com shall be deemed to refer to WindRiver Publishing, Inc., as applicable under the circumstances.
LDS Writer's Market Guide™, www.ldswm.com℠, www.ldswritersmarket.com℠, are all trade or service marks of WindRiver Publishing, Inc. All rights reserved. These and other LDS Writer's Market Guide graphics, logos and service marks and trademarks of WindRiver Publishing, Inc., or its affiliates, may not be used without prior written consent of WindRiver Publishing, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on www.ldswm.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of www.ldswm.com is at User's sole risk. Neither WindRiver Publishing, Inc., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that www.ldswm.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of www.ldswm.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through www.ldswm.com.
THIS SITE IS PROVIDED BY WINDRIVER PUBLISHING, INC> ON AN "AS IS" AND "AS AVAILABLE" BASIS. WINDRIVER PUBLISHING, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WINDRIVER PUBLISHING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WINDRIVER PUBLISHING, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WINDRIVER PUBLISHING, INC. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall WindRiver Publishing, Inc. or any other party involved in creating, producing, or distributing www.ldswm.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use www.ldswm.com, including but not limited to reliance by a User on any information obtained from www.ldswm.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to LDS Writer's Market Guide's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through www.ldswm.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS
User acknowledges that www.ldswm.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and WindRiver Publishing, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on www.ldswm.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither WindRiver Publishing, Inc., nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement according to the instructions in our Copyright Policy. By submitting Content to any User-submit areas User automatically grants or warrants that the owner of such Content has expressly granted WindRiver Publishing, Inc. the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on www.ldswm.com retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of www.ldswm.com, are those of the respective authors or distributors and not of WindRiver Publishing, Inc. or its affiliates or any of their officers, directors, employees, or agents. Neither WindRiver Publishing, Inc. nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of www.ldswm.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through www.ldswm.com represents the opinions and judgments of the respective Provider, or User not under contract with WindRiver Publishing, Inc. WindRiver Publsihing, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.ldswm.com by anyone other than authorized WindRiver Publishing employees. Under no circumstances shall WindRiver Publishing, Inc., or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through LDS Writer's Market Guide. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through www.ldswm.com.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from LDS Writer's Market Guide to either a foreign national or a foreign destination in violation of such laws.
e. PRODUCT DESCRIPTIONS
WindRiver Publishing, Inc. and its affiliates attempt to be as accurate as possible. However, WindRiver Publishing, Inc. does not warrant that company, service, or product descriptions or other content of www.ldswm.com is accurate, complete, reliable, current, or error-free. If a product offered through www.ldswm.com itself is not as described, your sole remedy is to return it in unused condition.
IV. ONLINE USAGE
a. ONLINE CONDUCT
User agrees to use www.ldswm.com only for lawful purposes. User is prohibited from posting on or transmitting through www.ldswm.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, 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.
If WindRiver Publishing, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), WindRiver Publishing, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.ldswm.com. WindRiver Publishing, Inc. may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate www.ldswm.com; or (iii) to protect the rights or property of WindRiver Publishing, Inc., its Users or Providers.
b. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
WindRiver Publishing, Inc. reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, WindRiver Publishing, Inc., the communities that make up www.ldswm.com, or any rights of WindRiver Publishing, Inc. or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither WindRiver Publishing, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither WindRiver Publishing, Inc., nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.ldswm.com.
VI. TERMINATION OF USAGE
WindRiver Publishing, Inc. may terminate User's access, or suspend any User's access to all or part of www.ldswm.com, without notice, for any conduct that WindRiver Publishing, Inc., in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or WindRiver Publishing, Inc.
VII. USAGE BY CHILDREN UNDER 13
WindRiver Publishing, Inc. cannot prohibit minors from visiting this site. WindRiver Publishing, Inc. must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
VIII. APPLICABLE LAW
This site is created and controlled by WindRiver Publishing, Inc. in the States of Nevada and Idaho. As such, the laws of those states will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. WindRiver Publishing, Inc. reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of those states and of the United States of America located in those states for any litigation arising out of or relating to use of or purchase made through www.ldswm.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Courts of those states and agrees not to plead or claim in any Court of those states that such litigation brought therein has been brought in an inconvenient forum.
X. ELECTRONIC COMMUNICATIONS
When you visit www.ldswm.com or send e-mails to WindRiver Publishing, Inc., you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XI. RISK OF LOSS
All items purchased from WindRiver Publishing, Inc. or any advertiser advertising on www.ldswm.com are made pursuant to shipment contracts. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
XII. OUR ADDRESS
LDS Writer's Market Guide
72 N WindRiver Rd
Silverton ID 83867-0446