Terms of Service

Updated: May 2022

These terms and conditions ("Terms and Conditions") govern your use of the PubMatch website at www.pubmatch.com (this "Site" or "PubMatch.com"), which is provided by PubMatch, LLC ("PubMatch" or "we") on a membership basis. BY USING THIS SITE, YOU THE MEMBER AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. We may modify these Terms and Conditions from time to time, by posting changes on this Site, which shall be effective from the date posted. By using this Site following any such changes to these Terms and Conditions, you agree to be bound by those changes. If you do not agree to the Terms and Conditions, you must discontinue using this Site.

In the event you have any comments or questions concerning these Terms and Conditions, please contact us by e-mailing [email protected] or writing to PubMatch, LLC, 277 White Street, Buchanan, NY 10511

Your Account and Profile

You may be asked to create a membership account or user profile. If you choose to create such an account or profile, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password or using your profile, if any, and that you will not sell, transfer or assign your account or profile, or allow others to use them. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of this Site using your account and/or identity. PubMatch reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of this Site for any reason in which event PubMatch shall refund the pro rata balance of any membership fees previously received from you.

All material included on, or connected to, any user profile is the property of the creator of the profile. No material, including images, documents, manuscripts, etc., though available for viewing, can be copied, distributed, or otherwise reproduced without permission of the owner. PubMatch is NOT the owner of these materials and therefore cannot provide permission for their use. Likewise, users of PubMatch cannot hold PubMatch responsible for improper use of their materials if posted on this Site. PubMatch assumes no responsibility for the additional protection of any creator or company owned material aside from as provided in the Privacy Policy.

By creating an account, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

You are responsible to pay carrier data, messaging, and other fees resulting from accessing this Site. Data and messaging (including SMS text messages) plans may be required to use mobile features of this Site. Standard data and messaging charges, fees, and taxes from your carrier may apply.

Payment

When you sign up for an annual membership, we will bill you for the term and services you select. You agree to pay PubMatch all charges at the prices then in effect for your use of this Site"s services using the payment method you select from the choices accepted by PubMatch and any applicable taxes, and you authorize PubMatch to charge the card you provide (your "Payment Card") through the provider of your chosen Payment Card (the "Payment Card Provider") for the services you select. You agree to pay the annual or other term charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. If the offer you accept includes an automatic renewal feature, at the end of each term you select, PubMatch will automatically charge your Payment Card account for renewal of your membership term. The renewal charge will be the current renewal rates for the term of your membership. The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other Payment Card Provider. If PubMatch does not receive payment from your Payment Card Provider, PubMatch reserves the right to bill you and you agree to pay all amounts due on your account upon demand. All prices are in US Dollars and do not include Internet service provider, telephone, or other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.

Transaction Fees

A 15% “Pubmatch Agents” fee will be deducted from the successfully executed Rights transaction plus a 5% service charge. In addition, all bank wire fees are the responsibility of the seller and will be deducted from the rights transaction. “Pubmatch Agents” fees are negotiable with 1000 or more titles in a member’s profile

It is your responsibility to notify PubMatch if you wish to terminate any paid membership and cancel future charges. All cancellations must be received at least 48 business hours prior to the charging of the next applicable term. Cancellations must be received in writing via e-mail ([email protected]) , fax (1-914-739-7575) or by U.S Mail (277 White Street, Buchanan, NY 10511). No refunds will be made for requests received after that time. Refunds will be issued in the same form payment was made. Please allow two weeks for processing of refund. You will be removed from PubMatch.com immediately upon our receipt of the cancellation request.

Your Materials and Use of Forums

If you post, upload or otherwise provide any information, content or materials ("Your Materials") to this Site, including through any forums or moderated discussions, or post comments on a blog, or bulletin board or in member to member messaging (collectively, "Forums"), you:

  • Represent, warrant and agree that Your Materials:
    • are original to you, and no other party has any rights to them;
    • are not threatening, harassing, profane, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another"s privacy or publicity rights, or infringing of any intellectual property right;
    • do not violate any laws, regulations or securities exchange requirements;
    • do not contain a virus, worm or other harmful component; and
    • do not contain any advertising, commercial messages or public announcements.
  • Acknowledge that Your Materials will not be treated as confidential or proprietary, and that you have no expectation of privacy concerning your use of this Site and Your Materials.
  • Acknowledge that you are solely responsible for the content of Your Materials, and PubMatch is not responsible for the content or accuracy of any information posted, uploaded or transmitted by you.
  • Acknowledge that PubMatch has the right to monitor any content on this Site, including on any Forums, but that we have no obligation to do so.
  • Agree that PubMatch reserves the right to review materials posted to this Site, to remove or modify Your Materials or any content placed on any Forums at any time, without notice, for any reason and in its sole discretion.
  • Acknowledge that PubMatch does not endorse any opinions expressed by bloggers or users of this Site and that any content placed on any Forums, whether by bloggers or users, represents the views of the person who provided such content and not necessarily those of PubMatch.

You agree to indemnify, defend and hold harmless PubMatch and its affiliates, and the members, directors, officers, employees and agents of the foregoing, from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys fees and expenses, arising from or relating to (1) Your Materials or your use of this Site; (2) your violation of these terms of use or any law, rule or regulation; (3) a claim that is based on your use of any content on this Site; or (4) any material uploaded by you or through your computer to this Site or otherwise sent by you to this Site.

Your Conduct

You may not:

  • Use this Site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
  • Impersonate, or misrepresent your affiliation with, any other person or entity;
  • Engage in spamming or flooding;
  • Frame this Site;
  • Attempt to gain unauthorized access to other computer systems through this Site;
  • Use this Site in any way that disrupts, interferes with or restricts the use of this Site by others;
  • Use any automated devices, such as spiders, robots or data mining techniques to scrape, extract data, catalog, download, store or otherwise reproduce, store or distribute this Site"s content or to manipulate this Site"s applications or services;
  • Collect and/or use email addresses in an unauthorized manner; or
  • Sell, buy or transfer access to your account

Without limitation of our other rights and remedies hereunder, we reserve the right to limit, suspend or terminate your use of this Site at any time in our sole discretion

Your Privacy and Security

While using this Site, you may provide us with certain information about yourself. Our Privacy Policy governs our collection or use of any such information

PubMatch has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Some of the materials included on this Site, including advertising, may be served by third parties. These third parties, in the course of serving such materials, may collect information regarding your use of this Site and how you respond to e-mail communications, using methods that may include automatic data collection, and may use this information in order to present advertisements or other content that may be of interest to you on both this Site and other web sites. Collection, use, disclosure and security of information collected by third parties are subject to the privacy policies of those third parties.

Here is the list of third parties we use along with how we use them and a link to their respective privacy policies:

Proprietary Rights

As between you and PubMatch, PubMatch (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, including but not limited to text, charts, photographs, video, graphics, music, images, animations, audio, text, applets incorporated into the software, data, sounds, messages, comments and ratings, unless otherwise indicated. If you make other use of this Site, except as permitted herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, copyrighted material or any other intellectual property, by including them on this Site.

All material on this Site without limitation, is protected by U.S. copyright and trademark laws. In order to request permission to reprint any material on this Site (outside of personal, non-commercial use or as otherwise permitted herein), please write to:

Permissions Department PubMatch, LLC
277 White Street
Buchanan, NY 10511
Email: [email protected]

Links

You acknowledge that this website may include links to other sites on the Internet that are owned or operated by online merchants and other third parties ("Linked Sites"). Such Linked Sites are provided as a convenience to you and do not constitute an endorsement by, or imply any association with, PubMatch of such sites or the content, products, services, advertising or other materials presented on such sites. PubMatch does not author, edit, or monitor Linked Sites. You acknowledge that we have no responsibility for information or materials provided by Linked Sites and that we are not responsible or liable, directly or indirectly, for any damage or loss in connection with use of any Linked Sites.

You may link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not display the contents of our website framed or otherwise surrounded by material not originating from PubMatch without PubMatch"s consent.

Copyright Agent

We respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the "Copyright Agent" named below:

  • Your address, telephone number and email address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the alleged infringing material is located;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 the copyright owner"s behalf.

Copyright Agent
PubMatch, LLC
277 White Street
Buchanan, NY 10511
[email protected]

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PUBMATCH DOES NOT WARRANT THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PUBMATCH OR ITS AFFILIATES, OR ANY OF THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT OR SERVICE PROVIDERS OF THE FOREGOING, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR SALES, EVEN IF PUBMATCH OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PERSONS. IN NO EVENT SHALL PUBMATCH BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. PUBMATCH RESERVES THE RIGHT TO MODIFY OR INTERUPT SERVICE AT ANY TIME WITHOUT LIABILITY OR TO DISCONTINUE SERVICE WITHOUT LIABILITY OTHER THAN TO REFUND ANY UNEXPIRED, PREPAID MEMBERSHIP FEES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PUBMATCH OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO PUBMATCH FOR YOUR ACCESS TO OR USE OF THIS SITE.

Miscellaneous

Any connections made via PubMatch.com, and the details contained within any legal contracts created via connections made on PubMatch.com are between the parties involved and PubMatch assumes no responsibility or liability related thereto. PubMatch.com does not offer contract advice, nor should communications exchanged via PubMatch.com be considered binding legal contracts. Contracts initiated via PubMatch.com should be prepared by legal counsel to the parties and be signed and completed in person or by other means acceptable to the parties and their respective legal counsel.

These Terms and Conditions and the relationship between you and PubMatch shall be governed by the laws of the State of New York in the United States of America, without regard to its conflict of law provisions. You and PubMatch each agree to submit to the personal and exclusive jurisdiction of the courts located in the State and County of New York and the federal courts of the southern district of New York with respect to any cause of action that may arise in connection with this Site or these Terms and Conditions. The failure by you or PubMatch to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity. This is the entire agreement between the parties relating to the subject matter herein.

PubMatch is controlled and operated from its offices in New York, and PubMatch makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Site is operated by:
PubMatch, LLC
277 White Street
Buchanan, NY 10511

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