Terms of Service
Last Updated: August 8, 2024
These Terms of Use are applicable to this website and any other website, application, or other online service that links to these Terms of Use, including author websites and online services, regardless of the manner of access and/or use, which are operated or made available by Page and Quill, a property of Bookmark Publishing Company LLC (collectively referred to as the “Sites”). Page and Quill (“we”, “us”, or “our”) reserves the right, at our discretion, to amend, modify, add, or remove portions of these Terms of Use at any time. Please review these Terms of Use periodically for updates. Your continued use of the Sites after the posting of changes to these Terms of Use indicates your acceptance of those changes. Additional terms and conditions may apply to the purchase of products, including policies on shipping and returns.
This document is a legal agreement between you (“you” or “user”) and us and outlines the essential terms and conditions governing your use of the Sites. This agreement, along with any updates, supplements, additional terms, and all of Bookmark Publishing Company’s rules and policies, collectively forms and shall be referred to as the “Agreement” between you and us. BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND CONDITIONS OF USE, YOU SHOULD IMMEDIATELY EXIT THIS SITE.
Copyright and Ownership
The Sites are owned and operated by Page and Quill alongside its affiliates and vendors. The content featured, displayed, or offered for sale on the Sites, including but not limited to text, graphics, photographs, images, moving images, sound, illustrations, software, and any other form of content (collectively referred to as the “Content”), is the property of Page and Quill, its licensors, vendors, and/or content providers. All aspects of the Sites, including the general design and the Content, are safeguarded by trade dress, copyright, moral rights, trademark, and other laws pertaining to intellectual property rights. Each Site is intended solely for the purpose it is made available for. Unless explicitly stated in specific documents within the Sites, you are granted permission to view, play, print, and download documents, audio, and video found on our Sites for personal, informational, and non-commercial purposes only. You are not allowed to alter any of the materials, nor may you copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or work from the Sites. You are required to obtain permission before re-using any copyrighted material from the Sites, as per applicable copyright laws. The use of such material on any other website or networked computer environment is strictly forbidden. You must adhere to all applicable local and international laws, statutes, ordinances, and regulations concerning your use of the Sites. The Sites, the Content, and all related rights will remain the exclusive property of Page and Quill and its licensors unless expressly agreed upon in writing. You agree not to remove any copyright, trademark, or other proprietary notices from materials found on the Sites.
Site Access License
Bookmark Publishing Company, through its Page and Quill division, grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites or their Content for personal, noncommercial purposes. This does not allow for downloading (except for page caching or as otherwise explicitly permitted by Bookmark Publishing Company or allowed by law) or altering any part of the Sites and their Content. This license expressly excludes any resale or commercial use of the Sites or their Content, any collection and use of product listings, descriptions, or prices; any derivative use of the Sites or their Content; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The reproduction, duplication, copying, sale, resale, visitation, or any exploitation of the Sites or any part of the Sites or their Content for commercial purposes without the express prior written consent of Bookmark Publishing Company is strictly prohibited. You are also prohibited from framing or using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bookmark Publishing Company, its content providers, or its affiliates without express prior written consent. The use of any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent is forbidden. Furthermore, you agree not to: (i) undertake any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use will automatically terminate the permissions and/or licenses granted by us to you.
Corporate Identification & Trademarks
All trademarks, service marks, and trade names utilized herein (including but not limited to the corporate names and logos of Page and Quill and its publishing divisions and imprints, names and designs of the Sites, and any logos) are the trademarks or registered trademarks of Page and Quill or its affiliates, partners, vendors, or licensors. The use, copying, reproduction, republication, uploading, posting, transmission, distribution, or modification of such trademarks in any manner, especially in advertising or publicity concerning the distribution of materials on the Sites, is strictly prohibited without the express prior written consent of Page and Quill. The deployment of our trademarks on any other website or network computer environment is expressly forbidden. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to any page of the Sites provided that the hyperlink does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive light. The use of any Page and Quill logo or other proprietary graphic or trademark as part of the link is prohibited without express written permission. Except as explicitly stated herein, no rights or licenses are conferred by this document.
Links to Third Parties & No Endorsement
The Sites feature links to external websites managed by third parties. These links are offered for your convenience only and should not be interpreted as an endorsement by Page and Quill or any association with, or endorsement from, the proprietors of the linked websites. Page and Quill is not liable for the content or usage of any external site, nor for any repercussions from following such links. Additionally, the Sites might provide a feature that allows you to log in or register using information from your account with a third-party service (e.g., Facebook, Twitter). These third-party services are independent from the Sites, and your engagement with these services is governed by the terms and policies of those services.
You are prohibited from using the name of Page and Quill or any language, imagery, or symbols that could, in the judgment of Page and Quill, suggest endorsement by Page and Quill in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other types of written material, without obtaining prior written permission.
Fees
For all transactions involving products and services made available on the Sites, Page and Quill or its vendors or agents will process payments using your credit card or another accepted payment method. Charges will be applied at the moment your order is dispatched. It is important to note that our prices are subject to change between the time of pre-order and the time of shipping. Should the price of an item you have pre-ordered change prior to shipment, and you wish to cancel your order, please reach out to our customer service team.
By providing your credit card details to us or our associated vendors, you affirm that you are the legitimate holder of the credit card utilized for paying for your purchases. In circumstances where it becomes necessary to undertake legal action to retrieve unpaid balances, you consent to bear all costs incurred by Page and Quill and its vendors or agents in the pursuit of recovering these amounts, including attorney fees and other legal costs. Furthermore, you are accountable for acquiring and covering the expenses of all necessary Internet access and telecommunications services required for accessing the Sites.
Privacy Policy
The collection and utilization of data, particularly concerning personal information, are governed by the Privacy Policy of Page and Quill, which is an integral part of this Agreement and hereby incorporated by reference.
User Contributions
We actively encourage and welcome contributions from the community, such as user-generated content, forum posts, comments, and participation in online communities, where we have specifically invited or requested such content. These contributions (“User Contributions”) remain the intellectual property of the individual contributors. By sharing your content on the Sites, you grant Bookmark Publishing Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license with the right to sublicense. This license allows us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content (including your name, voice, and likeness) in any form, media, or technology, both now known and developed in the future, for any purposes including promotion, advertising, marketing, merchandising, and publicity, without any further consent from or payment to you.
We reserve the right to refuse or remove User Contributions for any reason without notice. All User Contributions are considered non-confidential, and Bookmark Publishing Company has no obligation to maintain the confidentiality of any information contained in the Contributions.
By submitting User Contributions, you agree to the following conditions:
- Your Contributions must not infringe on any copyright, trademark, patent, or other intellectual property rights of any third party. If your Contribution includes work not originally yours, you must obtain permission from all relevant parties.
- Contributions must not violate anyone’s privacy or publicity rights. Necessary permissions must be obtained from anyone identifiable in your Contribution, including minors’ parents or guardians.
- Contributions should be relevant to the content on the Sites and aim to contribute constructively to the community and discussions.
- Contributions must be respectful and not include language or content intended to intimidate, incite violence, or discriminate based on race, origin, gender, sexual orientation, or disability. Defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit content is prohibited.
- Commercial content is not allowed. You may not use your Contribution to solicit funds, promote commercial entities, or engage in commercial activities. Solicitation of other users for commercial services or organizations is expressly forbidden.
- Impersonation of others or misrepresenting your affiliation with any person or entity is prohibited.
- Remember that forums and other public areas of the Sites should not be used to share personal information.
- All Contributions must adhere to these rules and any additional guidelines as posted on the Sites.
User Contributions do not reflect the views of Bookmark Publishing Company or its associates. We do not endorse or take responsibility for User Contributions, including their accuracy or reliability. Interacting with User Contributions on the Sites may expose you to content you find offensive or objectionable. You assume all risks associated with using the Sites, including interactions with other users and exposure to content from various sources.
Management of User Contributions
We do not engage in the active monitoring, editing, or disclosing of the contents of a user’s email, except as necessary for the routine maintenance of the Sites and their systems, or unless compelled by legal obligations or in a genuine belief that such actions are necessary to: (1) adhere to legal requirements or respond to legal processes served on Bookmark Publishing Company or the Sites; (2) protect and safeguard the rights or property of Bookmark Publishing Company, the Sites, or its users; or (3) take immediate action to protect the safety of our guests, the Sites, or the public in emergency situations. Users are solely accountable for the content of their communications, and Bookmark Publishing Company is under no obligation to pre-screen such content. Nevertheless, we reserve the right, at our sole discretion, to modify, decline to publish, or remove any content submitted to or posted on the Sites. Without restricting the above, we reserve the right to eliminate any content that violates these terms or is found objectionable, as well as the right to deny access to the Sites to any user who does not adhere to these Terms of Use.
In addition to any legal or equitable remedies available to us, if we determine, in our sole discretion, that you have breached or are likely to breach the aforementioned restrictions, we may take whatever measures we consider necessary to remedy or prevent the violation, including, but not limited to, the immediate removal of the offending materials from the Sites. We will cooperate fully with any law enforcement officials or court order or subpoena requesting or instructing us to reveal the identity of anyone posting such materials.
Unsolicited Submissions
Bookmark Publishing Company does not accept or consider any creative ideas, suggestions, or materials in any format unless explicitly requested. This includes, but is not limited to, unsolicited manuscripts, story ideas, concepts, or other literary materials, as well as any feedback, notes, or suggested improvements (hereinafter referred to as “Unsolicited Submissions”). This policy is in place to avoid potential misunderstandings or disputes when projects developed by our staff or partners may appear similar to others’ creative work.
We kindly request that you refrain from sending any Unsolicited Submissions through any means, including through the Service, by email, or in any other manner.
If you choose to send any Unsolicited Submissions despite this notice, please be aware that:
- You will not receive compensation or any form of consideration.
- Your submission may be treated as User Content under our terms, and subject to the licenses and conditions stated therein.
- You forfeit any claims related to Bookmark Publishing Company’s use of such submissions.
- We are under no obligation to review, acknowledge, or return any Unsolicited Submissions, and may handle them at our sole discretion without liability.
- We retain all rights that a member of the general public would have regarding your Unsolicited Submissions. Receipt of such submissions does not imply acknowledgment of their novelty, priority, or originality, nor does it limit our ability to contest related intellectual property rights in the future.
Account Registration and Security
When you opt to sign up as a member on one of our Sites, you may be provided with or create a user name, password, and account(s). As part of your registration, you commit to: (a) supplying truthful, accurate, current, and comprehensive information about yourself as requested by our registration form (this information is referred to as “Registration Data”); and (b) keeping this Registration Data up to date to ensure it remains true, accurate, current, and complete. Should you submit any information that is false, inaccurate, outdated, or incomplete, or if we have reasons to believe that such information does not meet these standards, we reserve the right to suspend or terminate your account and deny you access to the Sites, both presently and in the future. The security and confidentiality of your password and account fall entirely under your responsibility. Additionally, you are solely accountable for all activities that occur under your account. Should you become aware of any unauthorized use of your account or any other security breach, it is imperative that you notify us immediately. It is your responsibility to implement security measures and precautions that best fit your intended use of the registration and Sites. Under certain conditions, such as legal obligations or to protect our rights and business, we may disclose user billing, account, content, or user records, and related information to third parties.
Representations and Warranties
You bear sole responsibility for your User Submissions, the use of your registration, and the outcomes of your posts, publications, or participation on the Sites. Regarding User Submissions and your use of the Sites, you affirm, declare, and guarantee that: (i) you are of legal contracting age or have consent from your parent or guardian for your User Submission and use of the Sites; (ii) you possess or have obtained all necessary consents, copyright, patent, trademark, trade secret, and any other proprietary rights, or the appropriate licenses for the granting of licenses herein; (iii) you have secured written consent from every identifiable individual in your User Submission for the use of their name or likeness as envisioned by the Sites and this Agreement, releasing you from any related liabilities; (iv) you have understood and agreed to this Agreement and will comply with its terms; (v) your User Submission and its use as anticipated by these terms and the Sites will not infringe on any third party rights, including intellectual property rights, privacy rights, and publicity rights; (vi) your User Submissions will not contain false information, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing content, nor promote criminal offenses, civil liabilities, or violations of law, nor include business solicitations, impersonations of third parties unless clearly indicated and permitted under these Terms of Use.
Termination
We reserve the right to suspend or terminate any user’s access to the Sites or any part thereof, including any accounts, without notice, at our sole discretion, especially if we believe such access could breach applicable laws or harm the interests of ourselves or another user. Upon termination, you will lose all access to the Sites and their content. Your obligations under these Terms of Use will persist even after your access to the Sites is suspended or terminated.
Release
If you find yourself in a dispute with one or more users of the Sites, you release Bookmark Publishing Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of any kind, both known and unknown, arising out of or in any way related to such disputes.
Disclaimer & Limitation of Liability
YOUR ENGAGEMENT WITH AND NAVIGATION OF THE SITES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY STATED OTHERWISE, ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITES ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BOOKMARK PUBLISHING COMPANY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION AND CONTENT ON THE SITES, EXPLICITLY REJECTING ANY WARRANTY AS TO ITS APPROPRIATENESS, RELIABILITY, TIMELINESS, OR ACCURACY FOR ANY PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONALITIES ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE RECTIFIED, OR THAT THE SITES OR THE SERVERS MAKING THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOKMARK PUBLISHING COMPANY ALSO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE EFFECTIVENESS, ACCURACY, OR RELIABILITY OF THE CONTENTS ON THE SITES. YOU BEAR ALL COSTS FOR ANY NECESSARY SERVICE, REPAIR, OR CORRECTION. IF APPLICABLE LAW DOES NOT PERMIT SUCH WARRANTY EXCLUSIONS, THEY MAY NOT APPLY TO YOU.
BOOKMARK PUBLISHING COMPANY OR ITS VENDORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THIS DISCLAIMER AND LIMITATION OF LIABILITY APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.
IN NO EVENT SHALL BOOKMARK PUBLISHING COMPANY, ITS AFFILIATES, LICENSORS, OR VENDORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITES OR ITS CONTENT, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL THE AGGREGATE LIABILITY OF BOOKMARK PUBLISHING COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES OR PURCHASING CONTENT ON THE SITES.
Indemnification
You agree to defend, indemnify, and hold harmless Bookmark Publishing Company, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from and against any liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your violation of these terms, or related to your use of the Sites or the Internet or the placement or transmission of any message or information by you on the Sites.
If you have registered as a member of a Site, you are solely responsible for all activities that occur under your account and agree to indemnify, defend, and hold harmless the aforementioned parties for any liability or expense arising from such use or misuse. You must promptly notify us of any unauthorized use of your account or any other security breach.
Force Majeure
Neither Page and Quill nor you shall be held liable for any damages or for delays or failures in performance resulting from circumstances or events beyond their reasonable control. This includes, but is not limited to, natural disasters such as fire and floods, acts of God, military or civil unrest, governmental or legal orders, regulations or restrictions, labor disputes including strikes and boycotts, shortages of materials, transportation, fuel or energy, or issues arising from the actions or failures of third-party carriers.
Governing Law
The Sites are operated and controlled by Bookmark Publishing Company from the State of New York, U.S.A., unless indicated otherwise. All disclaimers, terms, and conditions of use are subject to the laws of the State of New York. By accessing any of the Sites, you agree to submit to the exclusive jurisdiction and venue of courts in New York, New York, for any disputes arising from or related to your use of the Sites. Should any part of these terms be deemed unenforceable, that part shall be interpreted in accordance with applicable law as closely as possible to reflect the original intentions of the parties, while the remaining terms shall continue in full effect. The failure of Bookmark Publishing Company to enforce any provision of these Terms of Use strictly shall not be interpreted as a waiver of any provision or right.
Entire Agreement
This document constitutes the complete agreement between you and Bookmark Publishing Company, superseding all prior agreements and understandings, whether in writing or oral.
Copyright Complaints
Bookmark Publishing Company and its affiliates take the intellectual property rights of others seriously. If you believe your work has been infringed upon in a manner that constitutes copyright violation, please adhere to our Digital Millennium Copyright Act Notice Policy.
Digital Millennium Copyright Act Notice Policy
In line with the Digital Millennium Copyright Act, if you suspect your copyrighted material has been infringed upon, please contact our designated agent with a notice of infringement containing the following:
- The electronic or physical signature of the copyright owner or a person authorized to act on their behalf;
- A detailed description of the copyrighted work claimed to have been infringed;
- A description of where the allegedly infringing material is located on the Sites;
- Your contact information, including address, telephone number, and email address;
- A statement by you, under penalty of perjury, asserting a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A declaration by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf.
Our designated representative for receiving notifications of claimed copyright infringement is accessible through the following methods: By using the contact form available on our “Contact Us” page.
NOTE: The contact details provided here are solely for the purpose of reporting potential copyright infringement of your materials to Page and Quill. Please be aware that this channel is not intended for other types of inquiries or reports, such as requests for technical support, customer service issues, email abuse notifications, or piracy concerns. These should be directed to our customer service team through the contact form available on our “Contact Us” page. While Page and Quill endeavors to respond to all customer service inquiries, we cannot assure a guaranteed response for every submission.