Terms of Use

Welcome to Frontlist® (“Frontlist”, "Frontlist", "Platform", "Services", "Website", “we”, “our”, or “us”).

Our goal is to help publishing professionals find and keep track of bestsellers, award-winning titles, and new release.

By using Frontlist (including by simply viewing content on Frontlist.net (the “Website”), you are agreeing that you, and each person you allow to access Frontlist through your account, will abide by the terms of the following agreement and set forth in its entirety below.

These Terms of Use, together with our Privacy Policy and Cookies Policy, and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Frontlist in relation to your use of the Website, Apps and Services.

Copyright © 2017 Frontlist. All rights reserved.

This website (this "Website"), and the information which it contains, such as text, graphics, images, data, reports, links, information obtained from Frontlist's licensors, services and other material and Deliverables (as defined below) contained on this Website or provided through Services (as defined below) made available on the Website (collectively, "Content") are the property of Frontlist, its affiliates and its licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Frontlist" and the Frontlist logo are registered trademarks of Frontlist, under the applicable laws of the United States and/or other countries. Other Frontlist product or service names or logos appearing on this Website are either trademarks or registered trademarks of Frontlist and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Frontlist's trademark or other intellectual property rights concerning that name or logo.

All other product names are trademarks or registered trademarks of their respective owners.

Acceptance of Terms of Use

Please read these Terms of Use, our Privacy Policy and Cookies Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, and Cookies Policy, will abide by them.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

When we make any updates to these Terms of Use, we will highlight this fact on the Website. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your Frontlist account and/or an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Platform after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Services, Subscriptions, and Fees

Services Available Through this Website.
Frontlist makes available certain services and features via this Website (each a “Service” and collectively, “Services”). Depending on the Service, such Service may be (1) publicly accessible without any purchase of the Service required; (2) accessible only to those who have purchased the Service; or (3) accessible to only those who have subscribed to that Service for a fee. By using this Website, You agree to only use the Service or Services that are publicly accessible or that You have purchased or to which You have subscribed. If You choose to use, purchase or subscribe to one of Frontlist's Services as may be made available from time to time, additional terms and conditions may be imposed by Frontlist via a separate click through or signed agreement.

Rights to Use Website and Services.
Your right to use the Website and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times with these Terms and Conditions and any separate agreement between You and Frontlist, and subject to the limitations set forth herein, Frontlist will provide You with access to the Website and, to the extent You subscribe or purchase Services, the Services. You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services.

Deliverables; User Licenses.
You will receive specific ordered report or other deliverable (“Deliverable”) or You will receive a certain number of “User” licenses. If You choose to subscribe to Frontlist’s Services on an ongoing basis, all Users will have access to Services, as well as any additional features made generally available on the Website while You are in good standing. Users may use help, FAQ’s, and other support made generally available on the Website. If You are simply purchasing a Deliverable available from the Website, then these terms apply only to that purchase and do not provide any ongoing right to access or use the Services. Numerous reports, data and other services are offered at the Website for additional fees. All terms used but not defined herein are set forth on the Website. You hereby covenant to ensure that all users that gain access to the Website and/or the Services from You are bound by these terms. Except as expressly set forth in this Agreement or other written agreement between You and Frontlist, no license or other right in or to the Website, Services or Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

Fees.
You shall pay all fees or charges to Your account with Frontlist in accordance with the fees, charges, and billing terms in effect at the time You subscribe to the Services or that You order the applicable Content from the Services. You shall be responsible for any and all use, sales or other taxes arising from Your use of any Deliverables or Services provided by Frontlist or its third party suppliers. Payments must be made according to these Terms and Conditions or any separate written agreement with Frontlist.

Login Credentials.
If Frontlist provides You with a username and/or password ("Login Credentials"), You agree that You are responsible for protecting Your Login Credentials from unauthorized use, and You are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action can be taken. Frontlist is not responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials.

Term
Your subscription to Services or access to paid Content shall commence on the date You first used the Services or download or otherwise receive such Content, and shall continue for the period of time for which You have subscribed to the Services, unless earlier terminated or extended pursuant hereto. If You choose to subscribe to our Services on an ongoing basis, these terms and conditions will renew automatically for successive periods of time equal to the duration of Your initial subscription or for such renewal period as You may otherwise provide on the Website pages in which You subscribe to the Services, unless (1) for an annual subscription or other subscription term or renewal term longer than one month, either You or Frontlist provide notice of termination more than thirty (30) days before the end of the then-applicable subscription term; or (2) for all other subscriptions, You or Frontlist provide notice of termination before the end of the then-applicable subscription term. Either party may terminate a subscription Agreement for breach upon thirty (30) days prior written or e-mailed notice unless such breach is cured in that thirty (30) day period. You will have a perpetual license to use any Content You download during the Term, subject to the terms and conditions of Section 4.

Publicity.
Unless otherwise agreed by Frontlist, Your purchase of a Service constitutes granting the right to use Your name and Your company’s name and logo in Frontlist’s on-line and/or printed marketing materials and/or in the Website, to disclose that You and/or Your company are a client of Frontlist.

The Website Does Not Provide Commercial Advice

This Website, Services and the Content are for informational purposes only. Frontlist collects data from data providers all over the world; Frontlist has not verified any such data or any Content on the Website and cannot and does not provide any assurances or warranties whatsoever regarding the accuracy or completeness of any such data or Content.

Liability for Content

All content provided on this site is provided "as is." Specifically, but without limitation, Frontlist does not warrant that: (i) the information on this site, whether contributed by Frontlist or a third party, is correct, accurate, reliable or complete; (ii) the functions contained on this site will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this site or the server(s) that makes it available are free of viruses or other harmful components.

Frontlist and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Frontlist or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Your Frontlist Subscription Account

You are not obliged to register to visit and view the Platform. However, access to the Apps, certain Services, and certain Content is only available to registered users.

When you register to use the Platform, you will provide us with your email address, and will set password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You are solely responsible for maintaining the confidentiality and security of your email address and password, and you will remain responsible for all use of your email address and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your email address or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Frontlist by email, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

Your Use of the Platform

Subject to your strict compliance with these Terms of Use, Frontlist grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to contact to other Users on the Platform and to share Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use, Frontlist grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

  1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
  2. participate in the community areas and communicate with other members of the Frontlist community strictly in accordance with these Terms of Use and our Community Guidelines; and
  3. use or Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.

The above licenses are conditional upon your strict compliance with these Terms of Use, including, without limitation, the following:

  1. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) the Content may be used solely for Your internal informational purposes, and no part of the Website, Services, or Content may be reproduced, transmitted or otherwise distributed in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; (ii) the Content shall not be accessed or used in any manner restricted by the robot.txt file available on this Website; and (iii) copyright, trademark and other proprietary notices may not be removed from any Content or other materials obtained from the Services.
  2. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  3. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  4. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  5. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  6. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  7. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Frontlist’s reasonable discretion;
    • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Frontlist’s reasonable opinion;
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  8. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  9. You must not rent, sell or lease access to the Platform, or any Content on the Platform.
  10. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  11. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Frontlist employee.
  12. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  13. You must not sell or transfer, or offer to sell or transfer, any Frontlist account to any third party without the prior written approval of Frontlist.
  14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Frontlist or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Frontlist’s servers, system or network or attempt to breach Frontlist’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Frontlist’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Frontlist under these Terms of Use, Frontlist reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Frontlist has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us by email.

If you would prefer to send us your own written notification, please make sure that you include the following information:

  • a statement that you have identified Content on Frontlist that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the Content that you claim is infringing and the Frontlist URL(s) where such Content can be located;
  • your full name, address and telephone number, a valid email address on which you can be contacted, and your Frontlist user name if you have one;
  • a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

  • with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury;
  • and your electronic or physical signature (which may be a scanned copy).

Your notice should be sent to us by email.

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, or applicable law, please report this to usby email.

Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Frontlist does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Frontlist does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Frontlist with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

Frontlist disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Frontlist with respect to the content or operation of any External Services.

No Third-Party Approvals or Implied Endorsements

Any third party which is the subject of profiles, reports or other information, provided by Frontlist through this website or otherwise, likely has not approved or sponsored Frontlist's provision of such information. Further, in no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Frontlist of that third party or of any product or service provided by a third party.

Repeat Infringers

Frontlist will suspend or terminate your access to the Platform if Frontlist determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Use, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Frontlist at its discretion.

Please note we do not offer refunds to Premium account holders whose accounts are terminated as a result of repeated infringement of these Terms of Use or our Community Guidelines.

Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILST ORIGHTS PRO USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO ORIGHTS PRO'S ATTENTION, ORIGHTS PRO MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. ORIGHTS PRO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORIGHTS PRO DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

ORIGHTS PRO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ORIGHTS PRO’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 US DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO ORIGHTS PRO DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

ORIGHTS PRO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR DAMAGE ARISING FROM:

  • (A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
  • (B) ANY CHANGES THAT ORIGHTS PRO MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
  • (C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY ORIGHTS PRO OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
  • (D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
  • (E) YOUR FAILURE TO PROVIDE ORIGHTS PRO WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;

ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR

ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF ORIGHTS PRO BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND ORIGHTS PRO AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO ORIGHTS PRO AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ORIGHTS PRO AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND ORIGHTS PRO, AND THAT ORIGHTS PRO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF ORIGHTS PRO, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless ORIGHTS PRO, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. (i) any violation by you of these Terms of Use;
  2. (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. (iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Frontlist.

Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Frontlist in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.

Changes to the Platform, Accounts and Pricing

Frontlist reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Frontlist shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that Frontlist and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Frontlist may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Frontlist may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscription Accounts from time to time. In the event of any increase in the price or material reduction in the features of any Subscription Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Frontlist proposes to make changes to any type of account to which you subscribe (Subscription Account or otherwise), and these changes are material and to your disadvantage, Frontlist will notify you of the proposed changes by sending a message to your Frontlist account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account.

Termination

You may terminate this Agreement at any time on the settings page by confirming such termination, by deleting your account and thereafter by ceasing to use the Platform. If you have a Subscription Account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.

Frontlist may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License , and Your Representations and Warranties; (iii) Frontlist elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Frontlist at its discretion. If you have a Subscription Account and your account is suspended or terminated by Frontlist pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of Frontlist.

Once your account has been terminated, or pertaining to activity from your account, will be irretrievably deleted by Frontlist, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Frontlist assumes no liability for any material that is irretrievably deleted following any termination of your account. Frontlist is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.

If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your Frontlist Subscription Account, Your Content, Grant of License, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.

Assignment to Third Parties

Frontlist may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Frontlist. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Frontlist.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire Agreement

These Terms of Use, together with Privacy Policy and Cookies Policy, constitute the entire agreement between you and Frontlist with respect to your use of the Platform (other than any use of Frontlist’s APIs which may also be subject to separate API Terms of Use), and supersede any prior agreement between you and Frontlist. Any modifications to this Agreement must be made in writing.

Third Party Rights

These Terms of Use are not intended to give rights to anyone except you and Frontlist. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

Applicable Law and Jurisdiction

Except where otherwise required by the mandatory law of the Republic of Korea

  1. this Agreement is subject to the laws of the Republic of Korea, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
  2. you hereby agree, and Frontlist agrees, to submit to the exclusive jurisdiction of the courts in Seoul, Republic of Korea for resolution of any dispute, action or proceeding arising in connection with this Agreement.
  3. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Frontlist seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Frontlist or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Frontlist, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Other Terms

These Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner.

You may not assign or transfer these Terms and Conditions without Frontlist's prior written consent.

Frontlist retains ownership of all intellectual property rights to its Content, technology, software, documentation and tools used in connection with the Website, Services, and/or Content.

Notices delivered under these Terms and Conditions must be given in writing and will be effective when received.

The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

Last Amended: July 13, 2015

Privacy Policy

Welcome to Frontlist® (“Frontlist”, “we” “our”, or “us”).

Your privacy is important to us. This Privacy Policy explains how we collect, store, use and disclose your personal information when you use frontlist.net (together, the “Website”), our mobile and desktop apps (the "Apps") and all related sites, widgets, tools, apps, data, software, APIs and other services provided by Frontlist (the “Services”).

This Privacy Policy governs the privacy terms of our Website, located at http://frontlist.net. Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Service.

By using the Website, the Apps or any of the Services, and in particular by registering an Frontlist® account, you are consenting to the use of your personal information in the manner set out in this Privacy Policy.

For your convenience, information relating to our use of cookies and similar technologies is set out in a separate Cookies Policy. The Cookies Policy forms part of this Privacy Policy, and whenever we refer to the Privacy Policy, we are referring to the Privacy Policy incorporating the Cookies Policy.

Please take some time to read this Privacy Policy (including the Cookies Policy), and make sure you are happy with our use and disclosure of your personal information.

If you do not agree to any of the provisions of this Privacy Policy, you should not use the Website, the Apps or any of the Services. If you have any questions or concerns, you can contact us at team@frontlist.net.

Please note that this Privacy Policy only applies to the Website, the Apps and the Services (together, the “Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Frontlist is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Frontlist® account or sharing any personal information.

Your Privacy

We strive to follow all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally identifiable information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally identifiable information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Information We Collect

Generally, you control the amount and type of information you provide to us when using our Website. As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any personally identifiable information as a Visitor. However, certain Services do require that you register for a Frontlist® account and, by doing so, you will provide us with certain personal information:

  1. Essential Information: When you register any kind of Frontlist® account, you will need to provide your email address and choose a password. In addition, you will also need to provide your payment verification information only in case you are subscribed to our Premium Services.
  2. Profile Information: You are obliged to provide additional information for your public profile on Frontlist®, for example:
    • your real name
    • your company/organization name
    • your title/position
    • a profile picture or avatar
    • information about how you categorize yourself with respect to your content (for example, whether you are a literary agent, a publisher, or some other category.)
    • details of your other websites and social media profiles, including links to those websites and profiles
  3. Information that you post: You may provide personal information when you upload rights guides to the Platform, or when you post comments, or contribute to community discussions.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:

  1. Cookies: Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place personally identifiable information in Cookies.
  2. Automatic Information: We automatically receive information from your web browser or mobile device. This information includes the following:
    • The name of the website from which you entered our Website, if any
    • The name of the website to which you're headed when you leave our website
    • The IP address of your computer/proxy server that you use to access the Internet your Internet Website provider name
    • Web browser type, type of mobile device, and computer operating system
    • The specific actions that you take on the Website, including the pages that you visit, uploading or downloading information, connecting your Facebook or Google+ account, sharing a page with another user, following or unfollowing another user, joining or leaving a group, posting a comment, or performing a search
    • Any search terms that you may enter on the Website
    • The time, frequency, and duration of your visits to the Website
    • Information regarding your interaction (if any) with email messages, for example, whether you opened, clicked on, or forwarded the email message

We use all of this information to analyze trends among our Users to help improve our Website.

How We Use Your Information

We use the information we receive from you as follows:

  • Your email address and password are used to identify you when you log into the Website.
  • Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself.
  • If you choose to upgrade to a premium account, your name, address and payment verification information will be used to process your account subscription and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. Frontlist also complies with the Payment Card Industry Security Standards.
  • Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications.
  • Customizing Our Website: We may use the personally identifiable information you provide to us along with any computer information we receive to customize our Website.
  • Sharing Information with Affiliates and Other Third Parties: We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes. We may provide your personally identifiable information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, and third-party APIs, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
  • Data Aggregation: We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your personally identifiable information included in such data aggregations.
  • Legally Required Releases of Information: We may be legally required to disclose your personally identifiable information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of http://frontlist.net, our Users, employees, and affiliates.
  • We may disclose your personal information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Frontlist community.
  • In the context of a business transfer: We may transfer your personal information to any person or company that acquires all or substantially all of the assets or business of Frontlist, or on a merger of our business, or in the event of our insolvency.

Links to Other Websites

Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

Security

The security of your personal information is important to us. The password that protects your personal information, as well as your credit card information, are encrypted during transmission using secure socket layer (SSL) technology, which is widely used on the Internet for this purpose. These data are also stored in encrypted form. Our website adheres to generally accepted industry standards to protect this information, both during transmission and once we receive it. These standards include the use of leading hardware and software applications. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your applicable information, we cannot guarantee its absolute security.

Privacy Policy Updates

We reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Questions About Our Privacy Practices or This Privacy Policy

If you have any questions about our Privacy Practices or this Policy, please contact us.

Last Amended: July 13, 2015