HeyPublisher User Agreement

Updated: November 29th, 2010

Welcome to HeyPublisher.com ("Site"). The Site and related services are owned and operated by Loudlever, Inc. ("LL"). By using the Site or other LL services, you (the "User") agree to be bound by the following terms and conditions and all LL policies, including those available by hyperlink (collectively, the "User Agreement"). The User Agreement applies to you, and if you are using this Site on your employer's behalf, to you and your employer. LL reserves the right to change the User Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you do not accept the terms of the User Agreement, do not access or use this Site.

HeyPublisher is an innovative online marketplace where authors ("Contributors") may upload, distribute, and offer licenses for their articles, reviews, travelogues, commentaries, poems, short-stories and/or other written works ("Content") to publishers ("Publishers"), who are also Users as defined in this User Agreement. Using the Site, Publishers can locate, access, and license Content directly from the Contributor. HeyPublisher also provides forums that allow Contributors, Users, and Publishers to share information and ideas concerning their works and creative topics.

The User Agreement consists of the following:

  1. Site Terms (covers your use of the Site)
  2. Account Terms (covers your User Account)
  3. Community Forum Terms (covers your use of Community Forums)
  4. Software Terms
  5. General Terms
  6. Privacy Policy

  1. Site Terms

    1. Permitted Use of Site. LL grants Users a limited, revocable, and nonexclusive right to access and make personal use of the Site to browse and search for Content and browse and review information contained in LL's Community Forums. Users may also link to HeyPublisher.com as long as such linking does not portray the Site, LL or its products or services in a false, misleading, derogatory, or offensive matter. All rights in the Site and its materials (to the extent not owned by Contributors who upload Content to the Site) are hereby reserved to LL. Your use of this Site shall comply with all applicable laws. LL reserves the right, in its sole discretion to revoke or limit your ability to access, view, download, and/or use the Site and any Content at any time. LL may terminate your User account, with or without prior notice to you and you agree to immediately discontinue use upon notice from LL.

    2. Prohibited Use of Site. You shall not knowingly disable any technology or tool provided on the Site. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by LL in writing, you may not: (i) employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means; (iii) copy, redirect, or exploit the Site or any Content; (iv) probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of LL's users, contributors, or employees; or (v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

    3. Permitted Use of Content. The use of all Content by all Users shall be governed solely by the terms of the Content License Agreement. LL reserves the right but not the obligation to restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from LL. All Content, including all related text, captions, or information, is owned by Contributors and is protected by US and international copyright laws, trademark, and other intellectual property rights. Except as explicitly permitted under this User Agreement or the Content License Agreement, no materials, or portion or element of this Site or any Content may be copied or retransmitted via any means.

      You may not modify any Content except as permitted by the Content License Agreement, and you may not delete or alter any copyright or other intellectual property notices in any way.

    4. Intellectual Property. All materials on this Site, (except Content, which is the exclusive property of the respective Contributors) and any other materials, shall remain the exclusive property of LL and is protected by U.S. and international copyright laws. All software used on this site is the property of LL or its software suppliers or licensors and is protected by United States and international copyright laws. All LL graphics, logos, trademarks and service names are trademarks, registered trademarks or trade dress of LL, and may not be used without express written permission. All other trademarks not owned by LL or its parent or affiliates and which appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LL. Unless otherwise agreed between the User and Contributor, all Content remains the property of the Contributor. FOR THE PROTECTION OF LL AND ITS CONTRIBUTORS, MATERIALS AND CONTENT ON THIS SITE MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF EMBEDDED DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING BY LL OR THIRD PARTIES OF MATERIALS AND CONTENT OBTAINED FROM THIS SITE, AND OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF CONTENT.

    5. Access to Site. From time to time, you may be unable to access the Site due to technical difficulties, software, hardware or connectivity problems, or failure of systems and services provided by LL. Although LL uses commercially available anti-virus software, viruses or other disruptive or destructive files or programs may be inadvertently downloaded from the Site. You are responsible for ensuring that all Content you post to the Site or download from it is free of any viruses or errors, and you should run commercially available software to reduce your risks. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and LL provides no warranty or guarantee that Content you have licensed will be available from the Site. As a convenience, the Site may link to other sites that may be of interest to you but are not under LL's control. These links do not imply endorsement by LL and LL is not responsible for the availability of or the content, information, or services contained in any linked site.

    6. Site Information and Content. This Site contains information provided by LL, Contributors, Users, and/or third parties. Some of this information may contain technical or other mistakes, factual or legal inaccuracies, typographical errors, or be incomplete or out-of-date. Additionally, this Site and its Content may include images and text that may depict subjects, topics, social attitudes and circumstances, and contexts that you may find inappropriate or potentially offensive. Users are solely responsible for determining whether any Content or information contained on the Site is accurate, current, or complete, or whether the use of such information or Content requires the consent of any third party or the license of any additional rights, and may not rely on the information provided by LL. Users unsure whether additional third-party rights are needed for their use of Content are responsible for consulting with competent rights management professionals or legal counsel.

      You understand and agree that LL is acting only as a Service Provider as defined in 17 U.S.C. § 512 and as an Interactive Computer Service as defined in 47 U.S.C. § 230(f)(2). As such, LL merely operates the Site from which Contributors may offer and Publishers may license Content posted to the Site. LL does not act as agent for Contributors or Publishers, and does not guarantee the quality, safety or legality of the Content, or the truth or accuracy of information associated with the Content. Further, you will not hold LL responsible for the actions or inactions of other Users, including any comments or keywords they post. Accordingly, you hereby irrevocably and unconditionally release and waive any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, you may have or assert against LL (and its officers, directors, agents, affiliates, subsidiaries, sub-licensees, affiliates, joint ventures and employees) relating to or arising out of the purchase of a license or the use of Content. Users who are California residents hereby waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    7. Copyright Infringement Notification. LL may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or in any Content, you need to send LL's copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site (including without limitation the product identifier(s) for Content); (iv) information sufficient to permit LL to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

      LL's copyright agent for notice of claims of copyright infringement can be reached as follows:

      Loudlever, Inc.
      ATTN: Copyright Agent
      5228 20th Ave NW
      Seattle, WA 98107

      By telephone: 206-356-3506
      By email: info@loudlever.com

    8. Fees/Payments/Taxes. There is no charge to access the Site. However, LL may charge a fee for some of the services available from the Site and some Contributors may charge a fee to use their Content. In either case, you have an opportunity to review and accept the fees that you will be charged based on listed prices, which may be changed from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. The fee may not include any charges imposed by third party payment vendors for processing payments made to or from LL, including without limitation Paypal fees. You are responsible for paying all fees and applicable taxes associated with the purchase and use of services or Content in a timely manner with a valid payment method. If your payment method fails or your account is past due, LL may collect fees owed by charging other payment methods on file with LL or retaining collection agencies and legal counsel, and shall be entitled to recover, in addition to the amounts due, all costs and expenses, including reasonable attorneys' fees, incurred in connection with such collection efforts. Content that a Contributor or LL designates as "free" means only that no fee is charged by Contributors for the use of the Content when used as authorized under the Content License.

    9. Hardware and Internet Access. You must provide, at your cost, hardware and software to access the Internet and access and use the Content in the file format provided, and a connection to the Internet.

  2. Account Terms

    1. Registering For a HeyPublisher User Account. Registration with LL for a HeyPublisher grants you certain privileges. For example, if you have registered for HeyPublisher and LL has approved your registration, you may be able to access Content without a visible watermark, or save Content to your "favorites" list. If you have signed up for a basic account, LL may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site, become a Contributor, or purchase a license to Content. In applying for a HeyPublisher account, you agree to furnish true and accurate information. LL reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by LL.

    2. Security. Your password provides access to your HeyPublisher User Account. You are responsible for keeping your password secure, and you may not share your password and account access with unauthorized users. You must adopt adequate security measures to prevent or minimize unauthorized use of your account, including choosing a password that is not easy to guess. LL recommends a password that includes at least eight characters that combine letters, numbers, and symbols, and which is changed frequently. You agree to take reasonable steps to prevent others from obtaining your access information and to notify LL of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify LL of any unauthorized use. It is your responsibility to ensure that your network is configured in a secure manner. You may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner. LL cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any LL account or Site or related services.

    3. Termination of HeyPublisher User Account. LL reserves the right to terminate or suspend any User Account at any time for any reason, including misuse or inactivity, without prior notice to the User, and shall not be liable for termination. You may terminate your User Account at any time by providing notice to LL, whereupon you shall remain responsible for payment of any Content you have previously licensed. LL's rights and all limitations of liability provided hereunder shall survive termination. If you have paid any fees for services via the Site, upon termination of your User Account you agree to forfeit any credits or allowances that you may have accrued, unless LL determines in its sole discretion that you are eligible for a refund of prepaid fees.

      The following constitute violations of the User Agreement, may result in immediate termination or suspension of your User Account, and shall be considered to exceed the "authorized access" to the Site as that term is defined under 18 U.S.C. § 1030:

      • Any use of the Site or Content for illegal purposes or in support of illegal activities;
      • Harming, or attempting to harm, minors in any way, including, but not limited to child pornography;
      • Transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or that harasses another;
      • Making unauthorized commercial use of any HeyPublisher forum, including offering to sell or selling, or offering to buy or buying, goods or services via the forum, which are not expressly authorized by LL;
      • Making fraudulent offers to sell or buy products, items, or services (including Content), or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters";
      • Circumventing, or attempting to circumvent, any security, copy protection or other technological measures employed to control access to or rights in this Site or the Content;
      • Adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
      • Transmitting any unsolicited commercial or unsolicited bulk e-mail, or malicious intent to impede another person's use of electronic mail services or news, or forging any message header, in part or whole, of any electronic transmission, originating or passing through the HeyPublisher service;
      • Accessing, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of LL's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
      • Transmitting any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
      • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent in violation of any applicable statute or ordinance;
      • Any activity that affects the ability of other people or systems to use LL services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited;
      • Any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it;
      • Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems, or use of software or any device that would facilitate a continued connection, i.e. pinging, while using HeyPublisher services;
      • Reselling or giving away free access to fee based HeyPublisher services or resources, or
      • Violating the User Agreement, Contributor Agreement, or Content License Agreement.

      LL reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected violation of the above terms, or any crime or civil wrongdoing. LL reserves the right to reveal your identity (and any other relevant information) in the event of a formal complaint or legal action arising from any situation caused by your violation of any terms of this Agreement.

  3. Community Forum Terms

    1. Permitted Use. You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, unauthorized commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LL reserves the right (but not the obligation) to remove or edit any material you post, but does not regularly review posted content. Comments posted on the Site are public, not private, and while LL reserves the right (but not the obligation) to screen postings, no posting on the Site should be considered approved, reviewed, or endorsed by LL.

    2. Grant of Rights/Indemnity. If you do post content to the Community Forum, and unless LL indicates otherwise, you grant LL and its affiliates, licensees, and sub-licensees a nonexclusive, royalty-free, perpetual, irrevocable, fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LL and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LL and its affiliates for all claims resulting from content you supply. LL has the right but not the obligation to monitor and edit or remove any activity or content. LL takes no responsibility and assumes no liability for any content posted by you or any third party.

  4. Software Terms

    1. Acceptance of Terms. LL makes certain software plug-ins available to users so that Contributors and Publishers may more easily submit, find, and license Content ("Software"). This Software is supplied in consideration of your agreement to the following terms. Your use, installation, modification or redistribution of this Software constitutes acceptance of these terms.

    2. Open Source Materials. Some of the Software provided by LL for use with the Site is designed for use with WordPress and is licensed as open source software under the terms of the GNU General Public License, Version 3 ("GPL"), a copy of which is available at http://wordpress.org/about/gpl/ ("GPL Software"). The GPL Software consists of the HeyPublisher Submission Manager plugin available for download at http://wordpress.org/extend/plugins/heypublisher-submission-manager/. By accepting the terms of this User Agreement you agree that your use of the GPL Software is governed by the terms of the GPL license. For clarification, the license for other LL Software set forth below does not limit your rights under the GPL License, or grant you rights that superseded the rights and obligations under the GPL license. If any of the GPL Software is provided you in object code, the source code version of that software may be provided to you by contacting LL Customer Service at the address set forth below.

    3. License. In consideration of your agreement to abide by the following terms, and subject to these terms, LL grants you a personal, non-exclusive license to download, install, and use the Software on the computer from which you access the Site. Except as expressly stated herein, no other rights or licenses, express or implied, are granted to the Software.

    4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. LL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH ANY PRODUCT OR COMPUTER SYSTEM.

    5. Limitation of Liability, IN NO EVENT SHALL LL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  5. General Terms

    1. Limitation of Liability. LL PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER LL NOR ANY LL SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, MEMBER, EMPLOYEE, CONTRACTOR, THE CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS USER AGREEMENT, CONTENT OR THIS SITE, OR YOUR RIGHTS UNDER ANY PROVISION OF THIS USER AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB SITE, WHETHER SUCH CLAIM IS FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL LL OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED TWENTY FIVE DOLLARS ($25) IN THE AGGREGATE OF ALL CLAIMS, REGARDLESS OF NUMBER OR TYPE. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU WHERE EXPRESSLY PROHIBITED BY LAW.

    2. Indemnification. You agree to indemnify and hold harmless LL and all other Contributors, Publishers, officers, directors, members, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your breach of any terms, conditions or restrictions of this User Agreement, (ii) your use or modification of any Content, or combination of any Content, with any text or other content, (iii) your failure to obtain from third parties all permissions necessary to use the Content, and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.

    3. Choice of Law / Jurisdiction / Attorneys' Fees. Any dispute regarding this User Agreement shall be governed exclusively by the laws of the State of Washington and applicable U.S. Federal law, including Titles 17 and 35 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in the Western District of Washington, USA, regardless of conflicts of laws principles. This User Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this User Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between LL and you, if LL is the prevailing party, LL shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.

    4. Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. This User Agreement may not be assigned by you without LL's written consent. LL may assign its rights and obligations and liabilities arising under this User Agreement (including without limitation the Contributor Agreement and the Content License Agreement) to any third party without your consent and without written notice, including without limitation, any assignment resulting from any corporate reorganization, merger, sale of substantially all the assets to which this User Agreement relates. You acknowledge that you have read this User Agreement and understand it, and agree to be bound by all its terms and conditions. This User Agreement (along with LL's Privacy Policy and the Content License Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of LL, other than the express or written waiver or amendment, may be construed as a waiver or amendment of any provision of this User Agreement. This User Agreement shall not be modified by you except by a written agreement signed by duly authorized representatives of LL, provided that no purchase order or similar document issued by you shall modify this User Agreement, even if signed by LL. LL may modify this User Agreement (and the Contributor Agreement and the Content License Agreement) at any time without notice to you, and the terms of such modified Agreement shall be effective when they are posted by LL on the Site, and shall thereafter apply to your use of the Site or any Content following posting by LL on the Site. In case of any conflict between a prior Agreement and any modified Agreement, the terms of the modified Agreement shall control. If any provision of this User Agreement is found invalid or unenforceable, the remainder of this User Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this User Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this User Agreement as is possible. This User Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.

  6. Privacy Policy

    1. Terms. LL understands your concern about the privacy of any information you supply while at the Site. LL believes that knowledge is the key to monitoring and protecting how your information is used on the Internet. This statement sets forth LL's Privacy Policy and describes the practices LL follows with respect to all visitors to this Site. If you have any questions regarding this privacy statement, please email your questions to: info@loudlever.com.

    2. Application. LL's Privacy Policy applies to use of this Site, and its terms and conditions are made part of this User Agreement by reference. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted. Except as limited by the Privacy Policy, you agree that LL may contact you regarding the Site, your User account, or activity on the Site, via the contact information you have provided.

    3. EU Safe Harbor. LL abides by the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

    4. California Users. If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from LL once a year, free of charge, information about the personally identifiable information ("PII") (if any) LL disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the type of PII that was shared and the names and addresses of all third parties with which LL shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any third party, you may notify LL at any time via the e-mail and/or mailing address below.

    5. Children. Children (persons under the age of 18) are not eligible to use this Site unsupervised. Children should not register for an account or submit any personal information to the Site. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

    6. Personal Information. LL collects certain personal information from Users of this Site. Users are required to provide certain personal information in order to access Content, and Publishers must provide certain contact and account information such as name, email address, billing address, and phone number in order to access and download Content. LL may use certain account information such as credit card numbers and company information of Publishers to conduct credit inquiries. LL uses the personal information that it collects for internal purposes (to process your order and any invoices, to maintain or update your LL account, or to send you updates about special offers, new services, special promotions, and noteworthy news and events). LL does not sell or rent information about its Users to third parties.

    7. Content Referral. If you use the referral service for informing a friend about the Site, or inviting a friend to view Content you have selected at the Site, you will need to provide LL with the friend's name and email address. LL will automatically send your friend a one-time email inviting him or her to visit the site. LL does not retain this information.

    8. Profile Information. Your public and private profile information in the registration form is used by LL to create personalized content, services, and advertising on the LL Site. LL also requests, at your option, that you create a public profile that allows you to share information about yourself with other Users of the Site. LL may also profile your Site activity in order to accurately track your account and provide you with LL products and services that correspond to your interests. LL may also compile data in aggregate form in order to better understand the users that are visiting the Site. For example, LL may produce reports on the most popular search terms by collecting general search term data based on individual searches. Aggregate data is anonymous and does not contain any personal information that identifies a user.

    9. Automatically Collected Information. As is true of most web sites, LL gathers certain information automatically and stores it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. LL uses this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the Site and to gather demographic information about the user base as a whole. LL may also use statistics concerning Content that has been licensed through the Site for various purposes. LL may link automatically collected data to personally identifiable information. IP addresses may be tied to personally identifiable information to segregate customer types for analytical purposes. When you use the Contact Us page, email addresses are not automatically collected but may be optionally submitted by user. LL will use this email address and any personal information collected for the purpose of responding to the user's request.

    10. Use of Service Providers. LL occasionally hires or partners with other companies to provide limited services, such as hosting the Site, managing and handling the processing and delivery of mailings (both email and postal mail), providing customer support, processing transactions, or performing statistical analysis of the LL services. LL will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

    11. Change of Address or Contact Information. If your PII changes, or if you no longer desire to use the Site or LL services, you may correct, update, or delete inaccuracies in your information by making the change by making those changes on your My Account page or via the Contact Us page. Your request will be processed and implemented within thirty (30) days.

    12. Security. LL has a number of operational functions in place to protect the confidentiality of personal information. For example, LL stores the personal information you provide on computer systems with limited access that are located in secured facilities. LL's employees are trained and kept up-to-date on the LL security procedures. If you have any questions about the security at the Site, please contact LL at the Contact Us page. LL and its payment vendors use SSL encryption technologies to transmit sensitive information such as a credit card number to the LL servers. However, perfect security on the Internet does not exist, and LL does not warrant that its Site is impenetrable or invulnerable to hackers.

    13. Cookies. When you visit the Site, LL sends your computer a cookie, which is a small file that resides on your computer's hard drive and contains non-personally identifiable information about the user. Cookies only identify the user's computer. Cookies allow LL to make its Site more useful by storing information about your preferences. For example, LL will send your computer a cookie to maintain default settings. You can set your browser's options not to accept cookies, but this may prevent you from accessing all of the features of the LL Site.

      Additionally, this Site uses clear GIFs, or pixel tags, provided by the adserving company LL uses to help manage online advertising. These clear GIFs provide the adserving company with the ability to recognize a browser's cookie when a browser visits this site. This allows LL to learn which banner ads bring users to the Site. The information LL collects and shares through this technology is not personally identifiable (it does not include your name, address, telephone number, or email address). For more information about LL's adserving company or your option to restrict the use of this anonymous information, please contact LL via the Contact Us page.

      LL uses clear GIFs, a tiny 1x1 pixel GIF, to digitally watermark Content, in both a visible and invisible manner. When you license Content through LL, the visible watermark is then removed from the image, however, in certain lower resolution Content, an invisible watermark may remain, allowing LL and the third party to track certain usage of such Content on the Internet.

    14. E-mail. LL does not rent or sell e-mail lists. LL may send e-mail to the e-mail address you provide to LL to notify you about a recent order LL. LL offers its members the choice to not receive e-mails or updates about special benefits, promotions, or offers from LL. If you no longer wish to receive these updates, or if you wish to unsubscribe from LL membership, you may change your Communication Preferences via your My Account page, or by writing to LL using the Contact Us page.

    15. Surveys and Contests. Participation in surveys or contests on the Site is completely voluntary and the User therefore has a choice whether or not to disclose personal information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information will be used for the purposes of monitoring or improving the use of the Site.

    16. Discussion Threads. If you use the HeyPublisher Community Forum or blog discussion threads, you should be aware that any PII you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. LL is not responsible for the PII you choose to submit in these discussion threads.

    17. Links. Please be aware that the Site may contain links to other web sites that are covered by their own privacy policies. LL is not responsible for the privacy practices of such other sites and LL encourages Users to be aware when they leave the Site. LL recommends that Users read the privacy statements of each and every web site that collects PII.

    18. Changes to LL's Online Privacy Policy. LL reserves the right to change its online privacy policy. However, LL will not do so without posting those changes on the Site. If at any point LL decides to use PII in a manner different from that stated at the time it was collected, LL will notify you via email or by posting a prominent notice on the Site thirty (30) days prior to implementing the change. You will have a choice as to whether or not LL will use your information in this different manner.

    19. Legal Disclaimer. LL may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on the Site.

If you have any questions about LL's privacy policy or concerns about personal information you have supplied to LL, please contact LL Customer Service via the Contact Us page. You may also write to LL at the address listed below:

Loudlever, Inc.
Attn: Customer Service
5228 20th Ave NW
Seattle, WA 98107