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Terms of Use

Welcome to Typers-Wanted.com (the "Typers Wanted Site"), a site owned and operated by gfMedia.

These Terms of Use, along with policies and guidelines located throughout the Typers Wanted Site identify what users of the Typers Wanted Site ("Users") can expect from Typers Wanted, Typers Wanted Providers (as defined below) and the Typers Wanted Site and what we expect from Users. By accessing any areas of the Typers Wanted Site, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Typers Wanted Site.

I. ONLINE CONDUCT
User agrees to use the Typers Wanted Site only for lawful purposes. User is prohibited from posting on or transmitting through the Typers Wanted Site 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 Typers Wanted is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Typers Wanted Site (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Typers Wanted may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Typers Wanted Site. Typers Wanted 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 the Typers Wanted Site; or (iii) to protect the rights or property of Typers Wanted and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Typers Wanted Providers") and any other User.

Typers Wanted reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Typers Wanted, the Typers Wanted Site, the communities that make up the Typers Wanted Site, or any rights of Typers Wanted or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Typers Wanted Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Typers Wanted Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Typers Wanted Site.

II. PRIVACY POLICY
Typers Wanted respects the privacy of its Users. The terms and conditions of the Typers Wanted Privacy Policy are outlined at http://Typers-Wanted.com/terms.php.

III. TRADEMARKS
Typers-Wanted.com and Typers Wanted are trademarks or service marks of Typers Wanted or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Typers Wanted and its licensors used on the Typers Wanted Site may not be used without prior written consent of Typers Wanted or its licensor, as the case may be. Without limiting the foregoing, no Typers Wanted trademark or trade dress may be used in connection with any product or service that is not Typers Wanted's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Typers Wanted.

IV. CONTENT
A. Proprietary Rights
User acknowledges that the Typers Wanted Site contains Content that is 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 U.S. copyright laws, and Typers Wanted 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 Users 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 paragraph A. above, User may upload to or otherwise distribute on the Typers Wanted Site 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. No Typers Wanted Provider 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 to Typers Wanted at http://Typers-Wanted.com/support/. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Typers Wanted Providers, the royalty-free, perpetual, irrevocable, 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 Users personal use. Subject to this grant, the owner of Content placed on the Typers Wanted Site retains any and all rights which may exist in such Content.

C. Third-Party Content
Typers Wanted is a distributor and not a publisher of Content supplied by third parties and Users. Typers Wanted has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Typers Wanted or its affiliates or any of their officers, directors, employees, or agents. No Typers Wanted Provider 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 the Typers Wanted Site represents the opinions and judgments of the respective third party providing such Content. Typers Wanted neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Typers Wanted Site by anyone other than Typers Wanted. Under no circumstances shall Typers Wanted, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a Users reliance on information obtained through the Typers Wanted Site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Typers Wanted Site.

D. Export
The U.S. export control laws regulate the export and re-export 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 the Typers Wanted Site to either a foreign national or a foreign destination in violation of such laws.

V. AGE OF USERS
Typers Wanted does not intend the Typers Wanted Site to be used by minors under the age of 13. Furthermore, Typers Wanted does not market the Typers Wanted Site for use by minors under the age of 13. Typers Wanted relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Typers Wanted Site are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE
Typers Wanted may suspend or terminate any Users access to all or any part of the Typers Wanted Site including any account thereon, without notice, for any reason in Typers Wanted's sole discretion, including, without limitation, Typers Wanted's belief that such access would violate any applicable law or would be harmful to the interests of any Typers Wanted Provider or another User.

VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Typers Wanted account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Typers Wanted account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE Typers Wanted SITE IS PROVIDED BY Typers Wanted PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Typers Wanted PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO Typers Wanted PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Typers Wanted SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Typers Wanted SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Typers Wanted SITE; OR (IV) THAT THE Typers Wanted SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Typers Wanted ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO Typers Wanted PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Typers Wanted SITE OR ANY RELATED SERVICES. THE OPERATION OF THE Typers Wanted SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Typers Wanted PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY Typers Wanted PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Typers Wanted SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Typers Wanted SITE 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 Typers WantedS RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Typers Wanted SITE.

NO Typers Wanted PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Typers Wanted SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Typers Wanted PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Typers Wanted in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Typers Wanted Site (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 California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Typers Wanted Site, any Content or any item purchased from the Typers Wanted Site shall be settled by confidential arbitration in San Diego, California administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Typers Wanted from seeking any injunctive relief in State or Federal courts located in the State of California for protection of Typers Wanted or Typers Wanted licensors intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Typers Wanted regarding Users relationship with Typers Wanted and supersedes any prior statements or representations. When using the Typers Wanted Site or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION
Typers Wanted reserves the right to make changes to the Typers Wanted Site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on October 3, 2007.
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