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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You may terminate your account at any time as described in the Termination section below.
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:
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:
Your notice should be sent to us by email.
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.
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.
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.
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.
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:
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 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.
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:
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.
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.
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.
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.
Except where otherwise required by the mandatory law of the Republic of Korea
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
Welcome to Frontlist® (“Frontlist”, “we” “our”, or “us”).
"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.
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:
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:
We use all of this information to analyze trends among our Users to help improve our Website.
We use the information we receive from you as follows:
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.
If you have any questions about our Privacy Practices or this Policy, please contact us.
Last Amended: July 13, 2015