Users Agreement – Terms and Conditions

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND PUBLISHER’S EDGE, INC.

BY USING CONTENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, PROMPTLY DISCONTINUE USE, AND ANY SUBSCRIPTION SIGN-UP. 

OUR AGREEMENT IS AS FOLLOWS: 

 

 

Grant of Rights: Publisher’s Edge, Inc. grants you the nonexclusive, nontransferable right to use the Content in whole or in part in your publication(s) at the site location specified in the invoice or at other site locations specifically added to this grant by Publisher’s Edge. Licenses for additional individuals may be requested and granted at the discretion of Publisher’s Edge. If you would like to share the Content with a greater number of individuals than the specific Service provides, please contact Publisher’s Edge by e-mail or by phone: dBaragrey@Publishers-Edge.com or 989-732-2640. 

 

 

Terms of Use:  You must comply with all intellectual property laws, including federal copyright laws, in using the Content. You understand that you should seek competent counsel before using Content in connection with goods and/or services or for any commercial purposes to satisfy yourself that the Content as used by you will not infringe or violate any rights of any third party. All equipment accessing Content must be at one physical location and be operating under one organization. No copies of this Content may be resold or redistributed. You agree to be responsible for any and all Internet service provider fees, telecommunication and other charges that may apply as a result of your subscription to the Service. CUSTOMER will not use or cause or allow to be used any of the Publisher’s Edge material except for one publication of each item thereof in the CUSTOMER'S Publication.

 

 

Property Rights and Usage:  All rights, title, and interest to the intellectual property rights in each Content item remains with its owner and you obtain only the license as provided above and subject to all of the terms and conditions of this Agreement. You shall be the sole owner of all rights, title and interest in and to the product and other works of authorship made, created, developed or used by You in connection with the product (hereinafter collectively referred to as "Product"), and all copyrights and other intellectual property rights therein. You may register copyright to Product in your name, provided that you acknowledge that the original copyright is retained by the owner (for example: "Copyright ® 2006 [your name] and its licensors.")  Examples of use include advertisements, articles in magazines and newspapers, newsletters, multimedia applications and presentations, and training and industrial videos. Content may be used as part of a website or design that appears on a website on the Internet but the Content may not be resold, re-licensed or packaged in such a way that the Content is downloadable or available in FTP format as a stand-alone element.  Product Consumers: No rights, including copyright rights, and rights to copy, distribute, or to enter into a database, to the Content are granted to consumers of the Product; You warrant that you will not suggest to the contrary in advertising or other communications to consumers about the Product.  Content may not be rented, sold, given away, leased, sublicensed or loaned in any form. Each Content item may be distributed only as part of the Product and may not be distributed alone or as part of any other Product or service.  You agree to take all steps necessary to prevent any third party from duplicating or distributing any Content. Defamatory, offensive, pornographic, or otherwise unlawful uses of images are expressly prohibited. Photographs may not be used independent of their corresponding article.

The rights to all photographs are ONLY to be used in combination with articles from this service. Photos may not be used for advertising unless they are specifically identified for use in advertising. In the event you become aware of any activity that infringes any rights, including copyright rights, in the Content, you must promptly notify Publisher’s Edge of such activity and provide all cooperation reasonably requested by us regarding such activity. 

All Publisher’s Edge content used online shall carry the brand name of both Publisher’s Edge and the originating publication (if any). For text, this would mean using the name of the newspaper in the byline and Publisher’s Edge in the dateline.

 

 

Payment and Cancellation:  Content is only licensed as of payment in full for the Service selected. You do not acquire any of the rights granted herein until payment is received in full. All services are to Pre-paid. You shall also pay any applicable taxes relating to use of the Service through your account. If billing arrangements are approved, you agree all invoices or statements will be paid within 15 days or terms agreed upon with Publisher’s Edge, Inc.

 

 

Term/Termination/Expiration/Rate Change: This Agreement shall commence on the date the payment is received by Publisher’s Edge and shall continue for the duration of no less than one year. Following one year, this agreement will automatically renew until cancelled by either Publisher’s Edge or you. Publisher’s Edge may cancel this contract at anytime if you fail to comply with any provision of this license. If your subscription is terminated for any violation of this Agreement and/or any abuse of a subscriber ID or password, you lose all rights to the Service and must immediately delete all content and images acquired from the Service. You are responsible for all charges incurred up to the time the account is deactivated. 

Cancellation/Expiration; Effects of Cancellation/Expiration: In the event this Agreement is not terminated but the Service period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement.  Obligations to make payment for the Service period selected, and the Limitations of Warranties and Liability set out below shall continue in full force even after any termination or expiration. 

Notice of any changes in rates will posted on our web site or you may be notified by e-mail a minimum of 30 days prior to the effective date.

 

 

Definitions: 

"Content" is defined as any articles, photographs, art, or sales tools  (for example, the e-mail, downloads or CD) provided with the Service. 

"Service" shall mean the subscription offering that you purchase. The subscription will be one of the following identified on your invoice: 

1. SPECIAL SECTIONS Service shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Service includes access to all content from current content in the Special Sections database during each month of the Service.

2. HOW-TO ARTICLES Service shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Service includes access to all content from current content in the How-To articles database during each month of the Service.

3. WEEKLY SYNDICATED Service shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Service includes access to all content from current content in the Weekly Syndicate database during each month of the Service.

4. HOTTERPRICE.COM Service shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Service includes the features outlined in the HotterPrice.com Publisher’s Agreement (a separate document).

5. UNLIMITED SERVICE shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Unlimited Service includes full access to all Special Section, How-To articles, Weekly Syndicated material and HotterPrice.com on-line Marketplace.

SALESCLASSROOM.COM Service shall mean either a monthly, annual or some set number of months where the rights granted herein applies to users in one location. The Service includes access to all content and current training content SalesClassroom.com database during each month of the Service.

 

"My Account" shall mean the account set up for you accessible by your subscriber ID and password. 

 

 

Warranties, Limitations of Warranties and Liability:  Publisher’s Edge warrants that:  1. All Content is licensed to or owned by Publisher’s Edge and is protected by international copyright laws.  2. Publisher’s Edge has the right to grant this license to you. Publisher’s Edge shall in no event be liable to loss or damage arising to CUSTOMER or any other party by reason of the publication or dissemination of the Publisher’s Edge material by CUSTOMER. Publisher’s Edge shall in no event be liable for loss or damage to CUSTOMER by reason of non-delivery, delay or interruption in delivery of the Publisher’s Edge material. The content is provided "AS IS". PUBLISHER’S EDGE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CONTENT.  THE REPRESENTATIONS AND WARRANTIES OF PUBLISHER’S EDGE MADE HEREIN WILL HAVE NO FORCE OR EFFECT IF THE CONTENT IS USED BY YOU IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF YOU ARE OTHERWISE IN BREACH OF THIS AGREEMENT.  PUBLISHER’S EDGE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER’S EDGE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, THE INVOICE OR OTHERWISE, EVEN IF PUBLISHER’S EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE CONTENT ITEM, THEIR REPRESENTATIVE, AND PUBLISHER’S EDGE SHALL BE THE LICENSE FEE PAID FOR THE CONTENT TO PUBLISHER’S EDGE. 

 

 

Download Discretion and Information:  You understand and agree that Publisher’s Edge may, in its sole discretion: (i) monitor the Content you download, as frequently as it deems necessary, for violation of this Agreement; (ii) flag your account if the number of daily download of Content seems excessive, as such activity indicates potential violations of this Agreement or abuse of My Account; (iii) track any abuse of your subscriber ID and password in connection with the Service or in connection with this Agreement; and (iv) terminate this Agreement, without notice, if Publisher’s Edge finds what it believes to be any violation of this Agreement and/or abuse of your subscriber ID and password.  Publisher’s Edge reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. 

 

 

General:  Publisher’s Edge may modify portions of this Agreement at any time, provided Publisher’s Edge posts such changes on web sites owned by Publisher’s Edge, Inc., or sends them to you via email.  If any provision of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect.  All rights not specifically granted to you by this Agreement are reserved. Questions on usage or rights should be directed to Publisher’s Edge at the address or telephone number listed below.  This Agreement shall be governed by the laws of the State of Michigan. You submit and consent to jurisdiction of the courts of the State of Michigan. You also agree that you are authorized to represent your company and your signature legally binds your company to abide by the terms of this contract.

 

 

 

(c) Copyright 2000-2011, Publisher’s Edge, Inc., PO Box 382, Gaylord, Michigan 49734-0382. USA    (989) 732-8160  Fax: (888) 854-7441

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Special Sections for Print are delivered on CD and each disk contains each of the articles listed above in both MS Word and Text format. The CD also contains artwork and photos in either JPEG, TIF or PDF files. The CD also contains the Front page and 16 page tabloid section with articles, photos and ad spaces completely laid out in a Quark Xpress document.

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