Terms and conditions

Last updated: 07.08.2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.petejknapp.com website (the "Service") operated by Peter Knapp ("me", "I", or "my").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Availability, Errors and Inaccuracies

I am constantly updating my offerings of products and services  on the Service. The products or services available on the Service may be  mispriced, described inaccurately, or unavailable, and I may experience  delays in updating information on the Service and in my advertising on other  web sites. You expressly agree that any such offer of a product or service  does not constitute a legal offer capable of attracting legal consequences.

I cannot and do not guarantee the accuracy or completeness of  any information, including prices, product images, specifications,  availability, and services. I reserve the right to change or update  information and to correct errors, inaccuracies, or omissions at any time  without prior notice. Section "Availability, Errors and  Inaccuracies" is without prejudice to existing statutory rights.

Content

The Service may allow you to post, link, store, share and  otherwise make available certain information, text, graphics, videos, or  other material ("Content"). You are responsible for the Content  that you post to the Service, including its legality, reliability, and  appropriateness.

By posting Content to the Service, you grant me the right and  license to use, modify, publicly perform, publicly display, reproduce, and  distribute such Content on and through the Service. You retain any and all of  your rights to any Content you submit, post or display on or through the  Service and you are responsible for protecting those rights. You agree that  this license includes the right for me to make your Content available to  other users of the Service, who may also use your Content subject to these  Terms.

You represent and warrant that: (i) the Content is yours (you  own it) or you have the right to use it and grant me the rights and license  as provided in these Terms, and (ii) the posting of your Content on or  through the Service does not violate the privacy rights, publicity rights,  copyrights, contract rights or any other rights of any person.

Copyright Policy

I respect the intellectual property rights of others. It is my  policy to respond to any claim that Content posted on the Service infringes  the copyright or other intellectual property infringement  ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one,  and you believe that the copyrighted work has been copied in a way that  constitutes copyright infringement that is taking place through the Service,  you must submit your notice in writing to the attention of "Copyright  Infringement" of info@parkliterary.com and include in your notice a  detailed description of the alleged Infringement.

In cases where there are conflicting claims to the ownership  of Copyright, it is my policy to reasonably air on the side of removing  materials from the Service.

To help deal with your complaint as quickly as possible,  please include the following information in your correspondence and mark it  as "URGENT":

•   Your contact details -  including your name, email address and daytime telephone number.

•   Identify the material  in question - please include sufficient detail to enable me to identify the  material complained of.

•   The reasons for your  objection.

 

I will review each objection on its merits and pending my  inquiries, may remove or disable access to the relevant material from the  Service.

Where appropriate, you should include information relating to  the status of the material in question (i.e. Where you hold a Trademark, or  own the Copyright to an image). This will enable me to deal with your request  promptly.

Intellectual Property

The Service and its original content (excluding Content  provided by users), features and functionality are and will remain my  property and the property of any licensors or other copyright holders. The  Service is protected by copyright, trademark, and other laws of both the United  States and foreign countries. My trademarks may not be used in connection  with any product or service without my prior written consent.

Links To Other Web Sites

The Service may contain links to third-party web sites or  services that are not owned or controlled by me.

I have no control over, and assumes no responsibility for, the  content, privacy policies, or practices of any third party web sites or  services. You further acknowledge and agree that I shall not be responsible  or liable, directly or indirectly, for any damage or loss caused or alleged  to be caused by or in connection with use of or reliance on any such content,  goods or services available on or through any such web sites or services.

I strongly advise you to read the terms and conditions and  privacy policies of any third-party web sites or services that you visit.

Termination

I may terminate or suspend your account, should such an  account exist now or in the future, immediately, without prior notice or  liability, for any reason whatsoever, including without limitation if you  breach the Terms.

Upon termination, your right to use the Service will  immediately cease. If you wish to terminate your account, you may simply  discontinue using the Service.

All provisions of the Terms which by their nature should  survive termination shall survive termination, including, without limitation,  ownership provisions, warranty disclaimers, indemnity and limitations of  liability.

Indemnification

You agree to defend, indemnify and hold harmless me and my  licensees and licensors, and their employees, contractors, agents, officers  and directors, from and against any and all claims, damages, obligations,  losses, liabilities, costs or debt, and expenses (including but not limited  to attorney's fees), resulting from or arising out of a) your use and access  of the Service, by you or any person using your account and password; b) a  breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall I, nor my colleagues, employees, partners,  agents, suppliers, or affiliates, be liable for any indirect, incidental,  special, consequential or punitive damages, including without limitation,  loss of profits, data, use, goodwill, or other intangible losses, resulting  from (i) your access to or use of or inability to access or use the Service;  (ii) any conduct or content of any third party on the Service; (iii) any  content obtained from the Service; and (iv) unauthorized access, use or  alteration of your transmissions or content, whether based on warranty,  contract, tort (including negligence) or any other legal theory, whether or  not we have been informed of the possibility of such damage, and even if a  remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is  provided on an "AS IS" and "AS AVAILABLE" basis. The  Service is provided without warranties of any kind, whether express or  implied, including, but not limited to, implied warranties of  merchantability, fitness for a particular purpose, non-infringement or course  of performance.

I and my affiliates and licensors do not warrant that a) the  Service will function uninterrupted, secure or available at any particular  time or location; b) any errors or defects will be corrected; c) the Service  is free of viruses or other harmful components; or d) the results of using  the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and  notwithstanding any other provision of these terms, under no circumstances  will I ever be liable to you or any other person for any indirect,  incidental, consequential, special, punitive or exemplary loss or damage  arising from, connected with, or relating to your use of the Service, these  Terms, the subject matter of these Terms, the termination of these Terms or  otherwise, including but not limited to personal injury, loss of data,  business, markets, savings, income, profits, use, production, reputation or  goodwill, anticipated or otherwise, or economic loss, under any theory of  liability (whether in contract, tort, strict liability or any other theory or  law or equity), regardless of any negligence or other fault or wrongdoing  (including without limitation gross negligence and fundamental breach) by me  or any person for whom I am responsible, and even if I have been advised of  the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with  the laws of New York State and the United States of America.

My failure to enforce any right or provision of these Terms  will not be considered a waiver of those rights. If any provision of these  Terms is held to be invalid or unenforceable by a court, the remaining  provisions of these Terms will remain in effect. These Terms constitute the  entire agreement between us regarding the Service, and supersede and replace  any prior agreements we might have between us regarding the Service.

Changes

I reserve the right, at my sole discretion, to modify or  replace these Terms at any time. If a revision is material I will try to  provide at least 30 days notice prior to any new terms taking effect. What  constitutes a material change will be determined at my sole discretion.

By continuing to access or use the Service after those  revisions become effective, you agree to be bound by the revised terms. If you  do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to the Privacy Policy and Cookies Policy. You  agree that they constitute part of these terms. You must read the Privacy  Policy and Cookies Policy before you use the Service.

Contact ME

If you have any questions about these Terms, please contact me.

 

 

 

 

 

 

 

Newsletter

Thanks for signing up.

Oops! Something went wrong while submitting the form.

About

Pete Knapp is a literary agent at Park & Fine Literary and Media.

Park & Fine brings a 360° approach to agenting with a robust support staff. The team includes a retail expert, a creative branding and marketing director, publicity strategists, a dedicated foreign rights department, an accomplished editorial team, and savvy television and film minds, who all work together on every book.

parkfine.comSubmit