These Terms of Use apply to all use of this website, its interactive features, and its downloads, whether accessed via computer, mobile device or otherwise (collectively, the “website”). Please read these terms carefully, as they affect your legal rights and obligations.
By accessing or using this website, you agree to these Terms and to the Privacy Policy displayed on the website. If you do not agree to be bound by all of these terms, do not use the website.
We may change these Terms in the future, so we encourage you to review them periodically.
Ownership of Site Content
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the website, including past, present and future versions, domain names, source and object code and the “look and feel” of the website (“Site Content”) are owned, controlled or licensed by Christopher Cox, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of the website owner as expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
Your License to Use Site Content
Provided you accept and fully comply with these Terms, you may visit our website without further permission and you are granted a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by requirements set forth on the website.
When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the website, or reverse engineer, modify or attempt to discover any source code associated with the website, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
Social Distribution
The owner of the website may allow you – but only through express written permission –to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution”). For example, you may obtain permission to send Site Content to friends, display Site Content on your personal website, or post Site Content on a third party web site. You agree that you will not make any statements in connection with the Site Content implying that such statements are attributable to or approved by the website or its owner, or that you and the website or its owner are affiliated in any way. Once granted, we reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Reporting Copyright and Other Intellectual Property Violations
You may not use the website for any purpose or in any manner that infringes the rights of any third party. We encourages you to report any content on the website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we have made available the contact form on the website as our designated agent for receiving notices of copyright infringement and we will follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the website violates your rights other than copyrights, please provide us with at least the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
(d) accurate contact information for you.
It is often difficult to determine if intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to retain or remove the allegedly infringing content pending resolution of the matter.
Information and Content You Submit
We may, with your written permission, choose to publish content that you submit via the contact form on the website that is related to the subject matter of the website (“user content”). If so, we may publish it either on the website or in The Light Withdrawn newsletter. Except as otherwise described in our Privacy Policy or as expressly agreed to between you and us, you agree that your user content will be treated as non-confidential and non-proprietary and will not be returned.
When you submit user content, please indicate up front whether you agree that all, or specific portions, of your submission may be chosen for publication on the website or in the newsletter, or that you withhold such permission. If you have not clearly so indicated at the time of your submission, we may subsequently contact you for express written permission to publish your user content.
When you grant us permission to publish your user content, you agree that you either: (i) own the rights to the user content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant we the license below. Upon our request, you will furnish we any documentation, substantiation or releases necessary to verify your compliance with these Terms.
We are not responsible for the substance of any user content and such user content does not necessarily reflect our views. We are under no obligation to monitor or evaluate user content but may do so in our sole discretion. We may remove or refuse to post any user content for any reason in its sole discretion.
You acknowledge and agree that the internet is frequently subject to breaches of security, that you are aware your submission of user content or other information may not be secure, and that you will consider these facts before submitting any information to us.
You will remain the owner of any user content we choose to publish, but you acknowledge that we must have a license from you in order to accept your user content for publication. Accordingly, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your user content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that we are free to use any ideas or concepts contained in any user content for any purposes whatsoever, including, without limitation, developing, writing, and selling books, videos, films, and related products and services, and creating informational articles, without any payment of any kind to you. You written permission for us to publish your user content on the website or in The Light Withdrawn newsletter authorizes us to publish your user content in a searchable format that may be accessed by users of the website and the internet. To the fullest extent permitted, you waive any moral rights you may have in any user content you submit, even if such user content is altered or changed in a manner not agreeable to you.
You acknowledge that we may be working on or developing material similar or the same in nature to your user content or that we may have received similar or the same intellectual property rights from another party. We owe you no obligation connected to your submissions unless you and we enter a written agreement to that effect. Any discussion or negotiations between you and us regarding your submissions does not constitute recognition of the novelty or originality of your user content.
You agree that we have no obligation to monitor or enforce your intellectual property rights to your user content, and that we have the right to protect and enforce our and our licensees’ rights to your user content. You further acknowledge and agree that we will not have any obligation to you with regard to user content and that we may or may not monitor, display or accept your user content and may delete it at any time.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the website, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.
Our Community Standards for the Website
When you contribute user content to the website and we approve it for inclusion on the website or in the newsletter, it will be accessible and viewable by other users. For that reason, we promise not to post your personal information (including your name, email address, or other contact information) without your express written permission. In return, you agree to adhere to the following Community Standards:
- Don’t share other people’s personal information. Your user content may not reveal another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- User content must be yours. All user content must be original with you, not copied from someone else’s work, and you must have all rights in the user content; OR, all persons who contributed in any way or have any rights to your user content or otherwise appear in the user content have given you permission to upload and distribute the user content on the website and elsewhere.
- No pictures or images of anyone but you and your friends and family. If you choose to submit photos to us, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know, and only with their express permission to submit it.
- Don’t upload third party materials. Your user content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any user content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the internet.
- No music. Your user content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your user content should relate to Woodrow Wilson: The Light Withdrawn and the content on the website, and should be intended to be informative, educational, historically accurate, and of particular interest to the community of users of the website.
- Please follow codes of social decency. Whether or not your submission to the website is intended for possible publication on the website or in the newsletter, always express yourself with non-offensive individual self-expression. Be respectful of others’ views so we can continue to build a community for everyone to enjoy. If you think your user content might offend someone, chances are it will and you should think twice about submitting it or revise it accordingly. Under no circumstances are cursing, flaming, harassing, stalking, insulting comments, personal attacks, gossip or similar actions acceptable in communicating with the website or its users either privately or publicly. User content may not threaten, abuse or harm others, may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap, and may not be defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use the contact form for commercial purposes. Please do not use the contact form for advertising or promoting a product or service or soliciting the business of the website.
- Do not send us user content that is inappropriate or illegal. User content may not promote violence or any illegal activity. If someone could go to jail for taking action suggested by your user content, do not upload or post it. If you do upload or post user content that is itself illegal or otherwise violates applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- Be honest and do not misrepresent yourself or your user content. Do not impersonate any other person, user or company or submit user content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Do not share other people’s personal information. Your user content may not reveal another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Do not damage the website or anyone’s computers. User content must not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the website or any computer system.
Password Access to Bonus Content
Certain areas of the website may provide bonus content for users who have purchased their own personal copy of Woodrow Wilson: The Light Withdrawn. This includes the Photo Gallery and the Extended Notes. If a password is required to access any of the features of this bonus material, your use of the password constitutes your express representation and warranty that you have purchased the book, either in printed, ebook, or audiobook format. You further agree that you will not sell or otherwise transfer your password to any other person or entity. We reserve the right to terminate your access to the website without notice if you violate the terms of your representation, warranty, or agreement.
Compliance with Applicable Law
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the website. You also agree to comply with all rules, laws and regulations that are applicable to your use of the website, including, without limitation, those governing your transmission or use of any software or data.
Third Party Links, Content, and Applications
There are links from the website to third party sites selling Woodrow Wilson: The Light Withdrawn. When you purchase the book through a third party store, the website will not receive any of your billing information. Your transactional relationship will be exclusively with the third party, which will have its own terms of service that may be imposed on you by virtue of your purchase. The website may also include other third party links or content that we do not control, maintain, or endorse.
You expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and that any reliance placed by you on such materials is at your own risk. Your correspondence and business dealings with third parties linked on the website, including without limitation your payment for and delivery of Woodrow Wilson: The Light Withdrawn in physical or electronic form, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.
Linking Policy
We grant you revocable permission to link to this website; provided, that any link to the website:
(a) must not frame or create a browser or border environment around any of the content on the website or otherwise mirror any part of the website;
(b) must not imply that we or the website are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent;
(c) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm the website, its owner, or Woodrow Wilson: The Light Withdrawn;
(d) must not use any trademarks, including those of Simon & Schuster and including design elements from this website, without prior written permission from us and/or the trademark owner;
(e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and
(f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms.
By linking to the website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the website for any reason in our sole and absolute discretion.
Use with Mobile Devices
The website may offer features and services that are available to you via your mobile device (collectively, the “Mobile Features”). We will not impose any charge for Mobile Features, but standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Certain Mobile Features that we may offer from time to time, including but not limited to text delivery of The Light Withdrawn newsletter, may require you to provide your mobile number. If you register for any such Mobile Feature, you agree to notify us of any changes to your mobile number and update your account(s) on the website to reflect this change.
Once you sign up for a Mobile Feature, you may discontinue it at any time. Typically, you will text a keyword (e.g., “STOP”) in reply to any text message you receive from us, and this will allow you to opt-out from receiving any uniquely Mobile Features.
Disclaimer of Warranties
To the maximum extent permitted by law, the website, including, without limitation, the site content and any services and products sold or licensed in any connection therewith, are provided on an “as is”, “as available” and “with all faults” basis.
To the maximum extent permitted by applicable law, this website and its owner (together, “we”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
(a) the website and its content;
(b) products sold or licensed by us or others through the site;
(c) user content; and
(d) security associated with the transmission of information to us or via the site.
In addition, to the maximum extent permitted by law, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
We do not represent or warrant that the sites will be error-free or uninterrupted; that defects will be corrected; or that the sites or the server that makes the sites available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the sites are accurate, complete, or useful. You acknowledge that your use of the sites is at your sole risk. We do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties.
By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site.
We do not endorse and are not responsible for user content that may be posted to the website or included in The Light Withdrawn newsletter.
Limitation of Liability; Waiver
Under no circumstances will we be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to:
(a) the website or its content;
(b) user content;
(c) your use of, inability to use, or the performance of, the site;
(d) action taken in connection with an investigation by us or law enforcement authorities regarding your use of the site;
(e) action taken in connection with copyright or other intellectual property owners other than you;
(f) any errors or omissions in the website’s technical operation; or
(g) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages. In no event will our total liability to you for all damages, losses or causes or action exceed the amount paid by you, if any, to us in connection with your use of the website; or, in the event there has been no amount paid by you, ten dollars (US$10.00).
The prior limitation on damages is not intended to limit our obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude our liability for personal injury or property damage caused by us, or for our gross negligence, fraud, or intentional, willful, malicious or reckless misconduct.
You agree that in the event you incur any damages, losses, or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any website, book, property, product, program, service, or other audio/visual content owned or controlled by us. You agree that you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, book, audiobook, ebook, film, or other property, product, service, or website content owned or controlled by us.
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
(a) your user content;
(b) your use of the website or activities in connection with the website;
(c) your breach or anticipatory breach of these Terms;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
(e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
(f) any misrepresentation made by you; or
(g) our use of your information as permitted under these Terms, our Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim subject to indemnification by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the we Parties.
Termination
We reserve the right to terminate your access to and use of the website in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct violates these Terms. We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any information you send to us using the contact form, or any emails you send to the website or us. Any violation of these Terms may be referred to law enforcement authorities.
Location of Our Website and Territorial Restrictions
We control and operate the website from offices located in the United States and make no representations or warranties that the information, products, or services contained on the website are appropriate for use or access in other locations. The information provided on the website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Anyone using or accessing the website from outside the United States does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the website, or any portion of the website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the website may be subject to United States export controls. No software from the website may be downloaded, exported, or re-exported:
(a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
(b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By downloading any software related to this website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the products or services will be governed by and construed in accordance with the laws of the State of California, except California’s conflict of law rules. You agree to exclusive jurisdiction in the state and federal courts in Santa Ana, California. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Regardless of any statute or law to the contrary, you must file any claim or action related to your use of the website, or any related products or services, or these Terms within one year after the claim or action accrued. Otherwise, you will waive the claim or action.
Miscellaneous
If, following a breach by you or others of these Terms, we do not act in response thereto, our inaction does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by our owner. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. We may assign our rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without our prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against us by virtue of our having drafted them. No amendment to or modification of these Terms will be binding unless in writing and published on the website by us, or unless a modification is expressly agreed to in a writing signed by you and us. Provisions of these Terms that would logically survive termination (including without limitation, Disclaimer of Warranties, Indemnification, and Limitation of Liability; Waiver) shall survive the termination of these Terms for any reason.
Updates to These Terms
We reserve the right to modify or add to these Terms at any time without prior notice. You agree that we may notify you of updated Terms by posting them on the website so that they are accessible via a link on the homepage or otherwise, and that your use of the website after we have posted the updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms. You should review these Terms from time to time before using the website. If the Terms are updated, the effective date will be prominently listed at the top of the first page. Updated Terms will apply to your use of the website from that point forward.