Privacy Policy and Terms of Use



Privacy Policy

It is the goal of Literary Mama to bring you information that is tailored to your individual needs and, at the same time, protect your privacy. The following is a summary of the various ways we treat the information you provide us while using our website. This Privacy Policy applies to all Literary Mama websites (unless a different policy is provided on a particular site, in which case such policy shall control).

THE TYPE OF INFORMATION LITERARY MAMA COLLECTS
Although parts of our website do not require you to be a subscriber and you can use them without submitting any personally identifiable information, some areas do require you to register and provide information that enables us to identify who you are. Literary Mama generally collects personally identifying information with your specific knowledge and consent. For instance, when you submit work to be considered for publication, enter a contest, complete a survey, make a purchase, subscribe to our magazine or newsletter or register for any portion of our services, you are asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested.

FOR YOUNGER VISITORS AND THEIR PARENTS.
Literary Mama is not directed toward children (individuals under thirteen years of age). We do not permit registration or use of the Literary Mama by anyone under the age of 13, and we do not knowingly collect personally identifiable information from children. In particular, if you are under 13 years of age, you should not provide any personally identifiable information to any site on the Internet without the knowledge and permission of your parent or guardian. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this website.

HOW LITERARY MAMA USES THE INFORMATION YOU PROVIDE
Literary Mama uses this information to provide you with the service you have requested. If you subscribe to our magazine, we may use your e-mail address to send you a confirmation notice and your e-mail or mailing address to send you your magazine or newsletter. Similarly, if you enter an online contest, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, or to improve the services that we offer by tailoring them to your needs.
Literary Mama does not sell our users' e-mail addresses. However, unless otherwise specified, we may share e-mail address and sell or share all other information with our affiliates and with carefully selected organizations or companies who we think can offer you services and products of interest to you. If you do not wish to have your information shared, write to us at info@literarymama.com. If you do not wish to receive communications from us, simply follow the unsubscribe instructions contained within the e-mail.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums software, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on our site, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the site that are managed or participated in by third parties, such as our featured merchant partners. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies.
We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While Literary Mama will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, Literary Mama does not bear any responsibility for any actions or policies of third parties. There may also be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose.

COOKIES
You may have read about "cookies," nuggets of information that are placed by a Website in a storage place on your own computer. From time to time, we may use cookies to control the display of ads, to track usage patterns on our website, to deliver editorial content, and to record registration and personalization information. Our cookies may contain personally identifiable information and such cookies may be shared with our affiliated companies.

Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers. If you don't want cookies, your Web browser likely includes an option that allows you to not accept them. However, please bear in mind that if you set your browser to refuse cookies, some portions of Literary Mama may not function properly.

While your individual information is protected as outlined above, we reserve the right to use aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

IP ADDRESS
Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our website.
If you have other concerns or questions about any aspect of this Policy, you may e-mail our Privacy Policy Coordinator at info@literarymama.com. We welcome your feedback. You can also send us regular mail at the following address:

Amy Hudock
Editor-in-Chief
Literary Mama
Department of English
Pinewood Preparatory School
1114 Orangeburg Rd.
Summerville, SC 29843

This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of Literary Mama by you will constitute your acceptance of any changes or revisions to the Privacy Policy.



Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

LiteraryMama.com? ("Literary Mama" or the "Website"), an online literary magazine, features writing by mother writers about the complexities and many faces of motherhood. We publish fiction, poetry, creative nonfiction, literary criticism, book reviews, columns, and profiles about mother writers. By using the Website, you unconditionally agree to this Terms of Use Policy ("Policy"). If you do not agree to these Terms of Use, please do not use the Website.

This Policy is made between Literary Mama and you, as a Literary Mama Website visitor. We reserve the right at any time to: change the terms of this Policy; or change the Website, including eliminating or discontinuing any content on or feature on the Website. Any changes we make will be effective immediately on notice, which we may give by posting the revised Policy on the Website or via electronic mail. Your use of the Website after such notice will be deemed acceptance of such changes.

CODE OF CONDUCT
While using the Website, you agree not to: Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; Transmit any information, software, or other material that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Use the Literary Mama Website or Services for any unlawful purpose; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Literary Mama Website, Modify, copy, or tamper with any literary contribution or any other content that you may access through the Literary Mama Website; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website unless otherwise permitted by Literary Mama.

We have no obligation to monitor the Literary Mama Website or any materials that you transmit to the Literary Mama Website. However, you acknowledge and agree that we have the right to monitor the Website and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Website properly; to protect Literary Mama, the Website, our sponsors, partners, affiliates, and our other visitors; and to comply with any legal obligations, regulations, or governmental requests. (See our Privacy Policy for further details.)

SUBMISSIONS
Any submissions (each a ?Submission?) that you send to us may be used anywhere on the Website in any manner described in correspondence sent to you by Literary Mama, including, if applicable, reproduction, disclosure, transmission, publication, broadcast and posting, and you agree to hold harmless and release Literary Mama (and its business partners, affiliates, sponsors, officers, directors, agents, employees and any parent companies) from and against any and all claims of any kind that may arise out of such use. Anything you post anywhere on the Website, including, without limitation, any bulletin board posting, chat room message, or similar message ("Postings") may be used by Literary Mama or its affiliates, partners, or sponsors for purposes, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.

OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS.
The Website (and all content thereon) are owned and operated by Literary Mama in conjunction with our affiliates, licensors, contributing authors, partners, and others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Website in any way, except as expressly permitted by Literary Mama, without our prior written permission, except you print one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, each such material and all copyright and other proprietary notices in or on such material. Modification of any materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website. If you download any material that we make available on the Website, such material, including any software, text files, literary contributions, reviews, audio files, video files, data files, images incorporated in any material or generated by any software, and data accompanying any software or materials (collectively, the "Downloads"), are licensed on a limited basis to you by us (or through us by the owner of such Downloads) only for your personal, non-commercial use in connection with your use of the Website as expressly permitted by this Policy, or to fulfill any obligations you may have under any other agreement that you have or are required to enter into in connection with the Website. Title to the Downloads is not transferred to you. You may not sell, decompile, reverse engineer, disassemble, license, or otherwise transfer the Downloads to any third party. The Literary Mama name, and all associated logos and domain names, including, without limitation, LiteraryMama.com, are the trade names, trademarks, service marks, logos, and/or domain names of Literary Mama or its licensors ("Literary Mama Marks"). Other trademarks, service marks, logos, and/or domain names used on the Website, where not the property of Literary Mama, are the trademarks, service marks, logos, and/or domain names of their respective. You agree that you will not (by virtue of your visiting the Website) challenge the respective ownership rights of Literary Mama to the Literary Mama Marks.

COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed. To be effective, the notification must include the following:

(a) Your physical or electronic signature under penalty of perjury or that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed by material on our Website, or if multiple copyrighted works involved, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which you, as the complaining party, may be contacted; and

(e) A statement that you, as the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. If we receive a proper notification (or if we believe in our sole discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Website, at any time in our absolute discretion. Notices and counter-notices for the Website should be sent to info@literarymama.com. Alternatively, you may contact us via U.S. mail at the following address:

Amy Hudock
Editor in Chief
Department of English
University of South Carolina
Columbia, SC 29208

This contact information is for notices of copyright infringement or privacy policy questions only. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

PRIVACY POLICY
We urge you to review our Privacy Policy, which (in addition to this Policy, and any other agreements by which you may be bound in connection with your use of individual Literary Mama Website): sets out how we collect and use any information you submit to Literary Mama.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the Website are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. Any and all lawsuits relating to the Website or any of the content found within the Website must be brought in the State of California. We make no representation that materials on or made available through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such local laws are applicable. The Downloads are further subject to United States export controls. No Downloads may be downloaded or otherwise exported or re-exported (i) into any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or (as applicable) using the Website, or the Downloads, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Website and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit or change the quantities and nature of any such service, program, or other product that we provide at any time.

TERMINATION
Literary Mama reserves the right, in its sole discretion, to terminate your access to all or part of the Website or any individual Literary Mama Site, with or without notice.

DISCLAIMERS
THE MATERIALS CONTAINED ON AND/OR IN THE WEBSITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LITERARY MAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LITERARY MAMA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES, THE WEBSITE, OR THE DOWNLOADS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE) OR DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE DOWNLOADS. NO OPINION, ADVICE, OR STATEMENT OF LITERARY MAMA, WHETHER MADE ON THE WEBSITE, IN THE DOWNLOADS, OR OTHERWISE, SHALL CREATE ANY WARRANTY.

We neither endorse nor are responsible for any opinion, advice, information, content, or statement made, provided, or displayed on the Website, through the Website, or on or in any Download. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LITERARY MAMA DISCLAIMS ANY WARRANTY THAT ANY CONTENT, INFORMATION, SUBMISSION, POSTING, OR OTHER MATERIAL ON THE WEBSITES IS APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS OR ASPECTS. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR READING OF, EXPOSURE TO, OR ACCESS TO ANY MATERIAL, SUBMISSION, INFORMATION, POSTING, OR OTHER CONTENT ON THE WEBSITE.

THE WEBSITE AND SERVICES MAY CONTAINS LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF LITERARY MAMA AND LITERARY MAMA IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR WEBSITE, THEN YOU DO SO AT YOUR OWN RISK. LITERARY MAMA PROVIDES LINKS AS A CONVENIENCE, AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.

LIMITATION OF LIABILITY
NEITHER LITERARY MAMA NOR ITS EDITORS, OFFICERS, DIRECTORS OR EMPLOYEES (the "Related Entities") ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR CONTENT CONTAINED ON THE WEBSITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO LITERARY MAMA AND THE RELATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.

ARBITRATION
By accessing the Website, you agree that any claim, dispute, or controversy (whether in contract, tort, otherwise) arising out of, relating to, or connected in any way with the Website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by a single arbitrator in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least ten (10) years of related intellectual property experience, and shall be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Policy, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Policy, and any other agreements you may enter into with Literary Mama, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Any award favorable to you, if related to any submission or use of any materials owned or created by you or under your control, shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid by Literary Mama for similar material, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the submission of the disputed material to Literary Mama. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Policy, our Privacy Policy, or any other agreement between you and Literary Mama, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event will you be entitled to seek or obtain injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not use the Literary Mama Website.

MISCELLANEOUS
This Policy is governed by and construed in accordance with the internal laws of the State of California, United States of America, without regard to its choice of law principles which would require application of the laws of another jurisdiction. You hereby agree to submit to arbitration as set forth in the above Arbitration Section, in the County of Los Angeles, California, United States of America, and waive any personal jurisdictional, venue, or inconvenient forum objections to such arbitration or location. If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions. This Policy, together with any agreement referred to herein, constitutes the entire Policy between us relating to the subject matter described herein and supersedes and any all prior or contemporaneous written or oral agreements between us. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Policy is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with Literary Mama. If such email address does not function (e.g., if our email notice is "bounced back" or is otherwise undelivered or undeliverable), we will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us.

NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.