Terms of Use
Effective Date: June 15, 2015
www.ifatbirthyoudontsucceed.com Website Terms of Use
This website is owned and operated by Henry Holt and Company. Throughout
the site, the terms "Henry Holt ," "we,"
"us" and "our" refer to Henry Holt
and Company ("Henry Holt"). Henry Holt offers this
website, including all information, features and services available from
this website, to you the user, conditioned upon your acceptance of all the
terms, conditions, policies and notices stated here. Your continued use
of the website constitutes your agreement to all such terms, conditions,
policies and notices.
Purpose of This Site
This site is operated for the purpose of providing information on the products
and/or services offered by Henry Holt. Nothing on this site should
be regarded as an offer to sell, or a solicitation of an offer to buy, any
product or service of Henry Holt.
Your Use of This Site
As a condition to your continued use of the website, you agree that you
will not use this website for any purpose that is unlawful or prohibited
by these Terms of Use.
Accuracy, Completeness and Timeliness of Information on the Site
We are not responsible if information we make available on this site is
not accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as the
sole basis for making significant decisions without consulting primary or
more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk. This site may
contain certain historical information. Historical information necessarily
is not current and is provided for your reference only. We reserve the right
to modify the contents of this site at any time, but we have no obligation
to update any information on the site. You agree that it is your responsibility
to monitor changes to the site.
Use of Material From This Site
This site (including but not limited to software, files, graphics and data
found on the site) is the property of and owned by Henry Holt or
its licensors and is protected by copyright, trademark and other laws of
the United States and other countries. You may display and electronically
copy, download and print hard copy versions of the material contained on
the site for your personal and noncommercial use, provided you do not modify
or delete any copyright, trademark or other proprietary notice that appears
on the material you copy, download or print. When you display, copy, download
or print any material on or from the site, it is provided to you by Holtzbrinck
or its licensors under a license that is revocable. Holtzbrinck and its
licensors retain full and complete title to the material and to any and
all of the associated intellectual property rights. Any other use of the
material on the site, including but not limited to the modification, distribution,
transmission, performance, broadcast, publication, licensing, reverse engineering,
transfer or sale of, or the creation of derivative works from, any material,
information, software, products or services obtained from the site is expressly
prohibited.
Material You Submit
You acknowledge that you are responsible for any submission you make, including
the legality, reliability, appropriateness, originality and copyright of
any such material. You may not upload to, distribute or otherwise publish
through this site any content that (i) is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, infringing on intellectual
property rights, abusive, illegal or otherwise objectionable, (ii) may constitute
or encourage a criminal offense, violate the rights of any party or otherwise
give rise to liability or violate any law, or (iii) may contain software
viruses, political campaigning, chain letters, mass mailings, or any form
of "spam." You may not use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin of any content.
You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant Henry
Holt and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute and display
such content throughout the world in any media now known or hereafter invented.
You grant Holtzbrinck and its affiliates the right to use the name you submit
in connection with such content, if they so choose. All personal information
provided via this website will be handled in accordance with the site's
online Privacy Notice. You represent and warrant that you own or otherwise
control all the rights to the content you post; that the content is accurate;
that use of the content you supply does not violate this policy and will
not cause injury to any person or entity; and that you will indemnify Henry
Holt and its affiliates for all claims resulting from content
you supply.
Unsolicited Manuscripts
Henry Holt does not accept unsolicited manuscripts sent through
its websites, and takes no responsibility for any manuscript transmitted
in such manner.
Trademarks and Copyrights
This site features trademarks, service marks and logos that are the property
of Henry Holt and its affiliates or licensors. The site also may
include trademarks, service marks or logos of other third parties. All of
these trademarks, service marks and logos are the property of their respective
owners, and you agree not to use them in any manner without the prior written
permission of the applicable owner. This site and all of its contents including
but not limited to text, design, graphics, interfaces and code, and the
selection and arrangement thereof, is protected as a compilation under the
copyright laws of the United States and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that
our visitors do the same. If you think your work has been copied in a manner
that constitutes copyright infringement, you may notify our copyright agent,
who can be reached at:
Henry Holt and Company
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
e-mail: [email protected]
Please include all of the following in your notification:
A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work you claim has been infringed;
• a description of where the material you claim is infringing is located
on the site;
• your address, telephone number, email address and all other information
reasonably sufficient to permit us to contact you;
• a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT
TO RESTRICT
OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY
TIME. HENRY HOLT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES
THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT
INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD
ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HENRY HOLT
OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. HENRY HOLT
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF
THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES AS
WRITTEN ABOVE, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR
IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED
BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND
AGREE THAT NEITHER HENRY HOLT NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING
FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS
THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE
AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF
PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS
AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER
THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF
THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE,
AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Henry Holt and
its affiliates, and their officers, directors, employees, contractors, agents,
licensors and suppliers, from and against any and all losses, liabilities,
expenses, damages and costs, including reasonable attorneys' fees
and court costs, arising or resulting from any violation of these Terms
of Use. If you cause a technical disruption of the site or the systems transmitting
the site to you or others, you agree to be responsible for any and all losses,
liabilities, expenses, damages and costs, including reasonable attorneys'
fees and court costs, arising or resulting from that disruption.
Links
Henry Holt may provide as a convenience to you, links to websites
operated by other entities and persons, but makes no representations whatsoever
about any other website which you may access through this one. Any link
to a non-Henry Holt website does not mean that Henry Holt
endorses or accepts any responsibility for the content, or the use of such
Web site. If you use these sites, you do so at your own risk. Henry Holt
makes no warranty or representation regarding, and does not sponsor or endorse,
any linked websites or the information or materials appearing thereon or
any of products and services described thereon. Furthermore, links do not
imply that Henry Holt is affiliated or associated with, or that
any linked site is authorized to use any trademark, trade name, logo, or
copyright of Henry Holt.
Jurisdiction
Henry Holt is organized under the laws of the State of New York
in the United States of America , and this site is operated in the United
States . The laws of the State of New York govern these Terms of Use and
your use of the site, and you irrevocably consent to the jurisdiction of
the courts located in the State of New York for any action to enforce these
Terms of Use. We recognize that it is possible for you to obtain access
to this site from any jurisdiction in the world, but we have no practical
ability to prevent such access. This site has been designed to comply with
the laws of the State of New York and of the United States. If any material
on this site, or your use of the site, is contrary to the laws of the place
where you are when you access it, the site is not intended for you, and
we ask you not to use the site. You are responsible for informing yourself
of the laws of your jurisdiction and complying with them.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these Terms of Use
at any time by posting revised terms on the site. It is your responsibility
to check periodically for any changes we may make to these Terms of Use.
Your continued use of this site following the posting of changes to these
terms or other policies means you accept the changes.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the
remaining provisions of the agreement will remain in place. These Terms
of Use constitute the entire agreement and understanding between you and
Henry Holt with respect to use of the website, superseding all prior
or contemporaneous communications. A printed version of these Terms of Use
shall be admissible in judicial or administrative proceedings based on or
relating to use of the website to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use, please write
us at:
Henry Holt and Company
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
Thank you for visiting our
site.