Welcome to edmcbain.com, the website of Ed McBain
-- which you know is the pen name of Evan Hunter. At the edmcbain.com
site (the "Site") we try to keep you up to date on the latest developments
in the 87th Precinct and the world of Ed McBain (a.k.a. Evan Hunter).
Here you can visit old characters and new, test your McBain acumen
and discuss your views with other readers. As you have no doubt
experienced with virtually all websites, your use of this site is
set forth below.
USING THIS SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY
ARE IMPORTANT. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE.
The materials and services provided on the Site
are directed to adults for personal, non-commercial use only. You
may not solicit funds, promote commercial entities or otherwise
engage in commercial activity on our Site or in our discussion forums.
Nor may you modify, copy, reformat, distribute, transmit, license,
publish, create derivative works or sell any content or service
provided on this Site. Children under the age of 13 may use this
Site only with the supervision of a parent or guardian.
All visitors to the Site are subject to basic rules
of conduct while using and accessing the services provided on the
Site. By using and accessing this Site you agree to:
- Refrain from violating applicable federal, state and international
- Refrain from using the services provided on the Site to
send unsolicited emails, bulk mail, spam or other materials
to users of the Site or any other individual;
- Refrain from using the services provided on the Site to
harass, threaten, stalk or abuse users of the Site;
- Refrain from using the services provided on the Site to
- Refrain from posting content on the Site that is obscene,
vulgar, harmful or offensive in nature or posting any content
that is gratuitously violent, explicitly sexual, defamatory,
libelous or violates the copyright, trademark, patent or other
intellectual property rights of any third party;
- Refrain from interfering with others use of the Site;
- Refrain from using the services provided on the site to
invade the privacy of others, or to collect and use an individuals
personal and private information or to gain or attempt to
gain unauthorized access to other computer systems via the
- Refrain from using the services to create a false identity
or to impersonate another person.
These rules are only the minimum level of
conduct that we expect at our Site. We also ask that you use
common sense and be considerate towards other users. We reserve
the right, at our discretion, to suspend or terminate your
right to use the services provided on the Site, if you violate
any of the aforementioned rules of conduct or engage in other
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All material and content contained on this
Site, including but not limited to text, graphics, images,
logos, articles, videos, animations, audio and digital clips,
photographs, illustrations, icons and the compilation of all
content on this Site, are the property of Ed McBain and are
protected by United States and international laws. All trademarks,
service marks, and trade names are proprietary to Ed McBain.
No material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way,
except that you may download material available on this Site
for your personal, noncommercial use only, provided that (i)
you keep intact all copyright notices, trademark legends,
author attributions, and other proprietary notices, (ii) you
make no modifications to the materials, (iii) you do not download
quantities of materials to a database that can be used to
avoid future downloads from this Site. Except as may be permitted
by law, you are required to obtain permission from the copyright
owner before reusing any copyrighted material on this Site.
You acknowledge that you do not acquire any ownership rights
by downloading material from this Site.
In the event you download software from this
Site, the software, including any files, images incorporated
in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you
by Ed McBain or third party licensors for your personal, noncommercial
use only. We do not transfer title to the Software to you.
You own the medium on which the Software is recorded, but
we (or third party licensors) retain full and complete title
to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable
Except for allowing individuals to use this
Site for personal, noncommercial use explained above, users
are not granted a license or any other rights from Ed McBain,
including the intellectual property rights or other proprietary
rights of Ed McBain or third parties.
Notwithstanding the above, you may download as many copies
of the Press Releases posted on the Site as you wish.
You are granted a non-exclusive, non-transferable, royalty-free
license to download, reformat, reproduce, distribute and display
the Press Releases solely for the purpose of describing Ed
McBain or the works of Ed McBain. You agree not to make use
of the materials in any disparaging, offensive or inappropriate
manner. You agree not to prepare derivative works of the Press
Releases. When you use any of our Press Releases you agree
to credit us by including the following: "Used with permission
If you believe a work on the Site constitutes infringement
of your copyright or other intellectual property rights, please
provide our Designated Agent with a written communication
containing the following information:
- evidence of your authorization to act on behalf of the
owner of the copyrighted work;
- a description of the copyrighted work that you claim has
- a description of where the alleged infringing material
is located on the Site;
- your address, telephone number, and email address;
- 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;
- 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; and
- your physical or electronic signature.
Ed McBain's Designated Agent for notice of claims
of copyright infringement can be reached as follows:
c/o Richard Dannay, Esq.
Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas
New York, New York 10036-6799
(212) 790-9200 (Telephone)
(212) 575-0671 (Fax)
CONTENT POSTED OR PROVIDED BY THIRD PARTIES
As part of your use of the Site, you may upload,
post, distribute or disseminate (collectively, "post") content and
material, or you may send or email us material (including but not
limited to, articles you have written, comments, and games) which
we, at our discretion, may post (collectively, the "Posted Content")
on the Site. You hereby grant Ed McBain an irrevocable, nonexclusive,
transferable royalty-free worldwide right (including any moral rights)
and license to use the Posted Content on the Site and to promote
and advertise the Site. In connection with the operation and promotion
of the Site, you agree that Ed McBain has the right to copy, cache,
modify, publish, display, distribute, translate, create derivative
works from, and store the Posted Content, regardless of the medium,
technology, or form in which it is used. For example, Ed McBain
may use the Posted Content to promote the Site as part of a screen
option, demonstration or brochure.
You also warrant that if you are not the holder
of any such rights, the holder of such rights has completely and
effectively waived all such rights and validly and irrevocably granted
you the right to grant the license stated above. You acknowledge
and agree that you are solely responsible for the form, content
and accuracy of any Posted Content. You agree that you will not
post any false, inaccurate or incomplete material or delete or revise
any material that was not posted by you. You are responsible for
your own postings and are responsible for the consequences of your
postings. You agree not to do any of the following: (a) post any
material that is copyrighted or trademarked unless you own the copyright
or trademark or have the owner's permission (including requisite
consents and releases) to post it; (b) post any material that reveals
a trade secret, unless you own the trade secret or have the owner's
permission to post it; (c) post any material that infringes on any
intellectual property right of another or on the privacy or publicity
rights of another; (d) post any material that is unlawful, obscene,
pornographic, sexual, indecent, defamatory, threatening, harassing,
abusive, hateful or embarrassing to another user or to any other
person or entity; (e) post any chain letter or pyramid scheme; or
(f) post any material that contains a virus, trojan horse, worm,
time bomb or other computer programming routine or engine that is
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
Ed McBain does not represent or guarantee the truthfulness,
accuracy or reliability of any Posted Content or endorse any opinions
expressed by a user. You acknowledge that any reliance on Posted
Content by other users will be at your own risk. Ed McBain does
not confirm that each user is who he or she claims to be. Ed McBain
exercises a great effort to protect Posted Content from being misused.
However, if misuse has occurred Ed McBain is no way liable for such
misuse. Because Ed McBain is not involved in user-to-user dealings
and does not control the behavior of participants on the Site, in
the event that you have a dispute with one or more users, you release
Ed McBain from any claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such dispute. Ed McBain acts as
a passive conduit for Posted Content and has no obligation to screen
or monitor Posted Content. If Ed McBain becomes aware of any Posted
McBain may investigate the allegation and determine in his sole
discretion whether to take action in accordance with these Terms
of Use. Ed McBain has no liability or responsibility to Users for
performance or nonperformance of such activities. You may find some
Posted Content to be offensive, harmful, inaccurate, mislabeled
or deceptively labeled. Ed McBain expects that you will use caution
and common sense when using the Site.
ED MCBAIN HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR
DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT HE DEEMS OBJECTIONABLE.
YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM
AGAINST ED MCBAIN FOR SUCH REMOVAL AND/OR DELETION.
YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER
LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT
AND THAT ED MCBAIN MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER
TECHNICAL PROCESSING OF YOUR POSTED CONTENT.
ED MCBAIN IS NOT RESPONSIBLE OR LIABLE FOR FAILURE
TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH
THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA,
MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
We are pleased to hear from our visitors and welcome your comments.
Because of the large number of ideas and works that Ed McBain has
already developed, or that have been suggested to him by third parties,
the possibility exists that any idea, suggestion or submission that
you may make through this Site is similar to information, ideas
or suggestions already known to Ed McBain. By disclosing any information,
idea, suggestion or other material through this Site, you agree
that (a) no confidential relationship is established by virtue of
such submission and that the material is not submitted in confidence
and (b) no obligation of any kind is assumed by, nor may be implied
against, Ed McBain by virtue of such submission. Moreover, no liability
shall result from the use of such information, ideas or suggestions
by Ed McBain.
Please review our Privacy
Policy, which governs the use of personal and identifying
information on the Site.
of the policies or guidelines governing the Site, at any time and
other policies and guidelines on the Site. The modifications shall
be effective upon such posting (unless some other date is specified
in the posting, in which case that date shall be deemed the effective
date for the modifications). You agree to review these Terms of
Use periodically so that you are aware of any modifications. Your
in their then-current form each time you use the Site. You agree
guidelines governing the Site without Ed McBain's express prior
THIRD PARTY SITES
Users may gain access to third party sites on the
Internet from the Site through hypertext or other computer links.
Such third party Sites are not within the supervision or control
of Ed McBain and we do not make any representations or warranties
whatsoever about any third party site that is linked to this site.
A link to a third party site from this Site does not constitute
an endorsement of the products or services offered on such third
Any disputes arising out of or relating to these
with the laws of the State of New York, without regard to its conflict
of law rules. Any disputes, actions or proceedings relating to these
in the federal or state courts in the City and County of New York,
and you irrevocably consent to the exclusive jurisdiction and venue
of such courts. Ed McBain makes no claim that the Site may be lawfully
viewed or that content may be downloaded outside of the United States.
Access to the content may not be legal by certain persons or in
certain countries. If you access the Site from outside the United
States, you do so at your own risk and you are responsible for compliance
with the laws of your jurisdiction.
You agree to indemnify, defend and hold harmless
Ed McBain from and against any and all suits, losses, claims, demands,
liabilities, damages, costs and expenses (including reasonable legal
fees and expenses) arising from or relating to (i) your use of the
Site and/or any material or content you submit, download, post or
or any representation, warranty or covenant made by you herein;
or (iii) your violation of any applicable law, statute, ordinance,
regulation or any third party's rights, including but not limited
to, copyright infringement, harm to a third party's trademark or
other intellectual property rights, or any claim of defamation,
libel or slander. This obligation survives the termination of these
Ed McBain, in his sole discretion, may elect to
terminate this agreement at any time, and no liability shall arise
to your past use of the Site in the form in which it then existed
at the time of the subject use. Termination of your access to and
use of the Site shall not relieve you of any obligations arising
or accruing prior to such termination or limit any liability that
you otherwise may have to Ed McBain.
as modified from time to time, constitute the entire agreement between
you and Ed McBain with respect to the subject matter hereof. These
or agreements, written or oral, regarding the subject matter hereof.
or create a joint venture, partnership, or any other similar arrangement
between you and Ed McBain. Neither party is authorized to act as
agent or bind the other party except as expressly stated in these
inure to the benefit of the legal representatives, successors and
in whole or in part at any time without your consent. You may not
DISCLAIMER OF WARRANTIES
THIS SITE AND THE CONTENT THEREIN IS PROVIDED ON
AN "AS IS" BASIS. ED MCBAIN DOES NOT WARRANT THAT THE SERVICE PROVIDED
WILL BE UNINTERRUPTED OR ERROR-FREE. ED MCBAIN IS NOT RESPONSIBLE
FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED
TO THIS SITE. ED MCBAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WITH RESPECT TO THIS SITE, ANY SERVICES PROVIDED ON THE
SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED
OR SOLD THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR OWN RISK.
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, ED MCBAIN
AND HIS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY
FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY
OR OPERABILITY OF THE PRODUCTS OR SERVICES PROVIDED ON THIS SITE.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT ED MCBAIN IS NOT RESPONSIBLE
OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING
INFORMATION CONTAINED ON THE SITE; OR (3) EMAILS SENT FROM THIS
SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS,
TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
YOU FURTHER ACKNOWLEDGE THAT ED MCBAIN DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE
WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED
DISCLAIMERS, RELATED TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, ED MCBAIN
IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES
FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES
FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS;
(4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION
OR SENDING OR RECEIVING EMAILS; AND (5) DAMAGES RESULTING FROM VIRUSES,
WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS.
ED MCBAIN's LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES
DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
In most cases, when we refer to "Ed McBain" in
No failure of Ed McBain to enforce any of his rights
If any portion of any provision of these Terms
of Use is found invalid or unenforceable, that provision shall be
enforced to the maximum extent possible and the remaining provisions
only and have no legal or contractual significance.
QUESTIONS OR COMMENTS
Feel free to address any questions or comments