TERMS OF USE

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 subject to certain terms and conditions of use ("Terms of Use") set forth below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. THANK YOU

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:

1. Refrain from violating applicable federal, state and international laws;
2. 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;
3. Refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site;
4. Refrain from using the services provided on the Site to harm minors;
5. 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;
6. Refrain from interfering with others’ use of the Site;
7. Refrain from using the services provided on the site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site; and
8. 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 offensive conduct.

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 form.

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.

 

PRESS RELEASES

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 from edmcbain.com."

COPYRIGHT INFRINGEMENT

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:

1. evidence of your authorization to act on behalf of the owner of the copyrighted work;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the alleged infringing material is located on the Site;
4. your address, telephone number, and email address;
5. 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;
6. 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
7. your physical or electronic signature.

Ed McBain's Designated Agent for notice of claims of copyright infringement can be reached as follows:

Evan Hunter
c/o Richard Dannay, Esq.
Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas
New York, New York 10036-6799
U.S.A.
(212) 790-9200 (Telephone)
(212) 575-0671 (Fax)
rxd@cll.com (Email)

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 Content that allegedly may not conform to these Terms of Use, Ed 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.

Ed McBain may modify these Terms of Use or any of the policies or guidelines governing the Site, at any time and in his sole discretion, by posting the modified Terms of Use or 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 use of the Site indicates your full acceptance of the Terms of Use in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms of Use are reasonable. You may not modify these Terms of Use or any of the policies or guidelines governing the Site without Ed McBain's express prior written consent.

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 party site.

Any disputes arising out of or relating to these Terms of Use or use of the Site shall be resolved in accordance 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 Terms of Use or your access to or use of the Site must be brought 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 transmit through the Site; (ii) your breach of these Terms of Use 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 Terms of Use.

Ed McBain, in his sole discretion, may elect to terminate this agreement at any time, and no liability shall arise from any such termination. The Terms of Use will continue to apply 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.

These Terms of Use (including the Privacy Policy), as modified from time to time, constitute the entire agreement between you and Ed McBain with respect to the subject matter hereof. These Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Nothing in these Terms of Use shall constitute 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 Terms of Use.

These Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. Ed McBain may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations hereunder.

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.

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 these Terms of Use, we also mean his agents, representatives and employees.

No failure of Ed McBain to enforce any of his rights under these Terms of Use will act as a waiver of such 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 of these Terms of Use shall remain in full force and effect.

Headings used in these Terms of Use are for convenience only and have no legal or contractual significance.

Feel free to address any questions or comments regarding these Terms of Use to evan@edmcbain.com.