The Publetariat Vault (hereinafter referrred to as "the Site") provides its services subject to these terms and conditions.

I. Copyright

1. All user-submitted content stored and displayed on this site is the exclusive property of the submitting user and is protected by United States and international copyright laws. With the exception of conditions specified in paragraph VII.4, below, user-submitted content is not to be reprinted, distributed, copied, or otherwise used without the express written permission of the user who submitted that content.

2. Content created by the Site staff is the exclusive property of the Site and is protected by U.S. and international copyright laws. Content created by the Site staff is not to be reprinted, distributed, copied, or otherwise used without the express written permission of the Site.

3. The Site respects the intellectual property of its members and others. Any failure to comply with the terms stipulated in this section may result in the immediate suspension of your account, with no refund of fees. If you believe another member or site visitor has used content from your listing in a way that's out of compliance with these Terms, please use the Site contact form to report such abuse.

II. Site Listings

In creating a listing for a literary work in the Site, you warrant all of the following to be true and acceptable:

1. You have obtained permission from all authors of the work to create said listing, and to act as primary contact for interested publishers.

1a. You have registered your Vault account under a username that matches the name under which you publish (legal or pen name), and not an alias or nickname. If the book you intend to list has multiple authors, you have registered the account under the name of the author who will be responsible for the Vault account.

2. In the case of a self-published book for which the author is seeking trade publication, publication rights to the work are owned free and clear by the listed author(s), and are therefore available for sale to publishers.

3. You are listing the work with the intention of attracting publisher or producer interest, with the ultimate goal of acquiring a publishing contract for the work, or you are listing the work with the intention of attracting literary agent interest.

4. All content provided in your listing is accurate and true to the best of your knowledge.

5. No agency relationship is created between the Site or its staff and yourself or your co-authors (if applicable) as a result of your site use or membership, nor as a result of your creation of any listing. You are responsible for securing attorney or literary agent representation for assistance in any negotiations resulting from your Site listing(s), membership or site use.

6. The Site does not guarantee that listing a work herein will result in a publishing contract.

7. Works listed with the Site will be searchable by publishing pros and content producers, not author-members.

8. The Site provides a listing service only. The Site does not provide financial, business or legal advice, consulting services, assistance with creation, formatting or publication of manuscripts, book promotion advice, assistance or services, nor any other type of advice, assistance or service.

9. In the event you enter into a contractual agreement with a publisher for the rights to your listed book, you will notify the Site of this fact via the Contact Us form, you will delete your Vault listing and you will cancel your recurring PayPal payment for the listing as detailed in Section III of these Terms of Use, Billing and Payment Processing.

III. Fees For Published Listings and Payment Processing

1. All listings are processed on a 30-day cycle.

2. All published listing fees are processed through PayPal, which can accept secured payments by credit card, debit card or e-check in most currencies. You must have a PayPal account to pay for your Vault listing(s), which are subject to the following terms:

a. All payments are processed as recurring payments.

b. Vault listings automatically renew, and payment processing for listings automatically recurs, on the thirty-first day following the last payment date; however, you may delete your listing and cancel the recurring payment at any time, and you will be notified via email 7 days before any listing automatically renews. It is your responsibility to ensure such notification emails aren't routed to your SPAM folder by adding the vault@publetariat.com email address to your email address book.

c. A published listing must be deleted and the recurring payment cancelled at least three business days prior to the end of any paid 30-day period to ensure the cancellation of automatic payment processing for the following period.

d. The 30-day listing fee is a flat fee, you will not receive a refund for any time remaining in the 30-day period during which you delete your listing and cancel payment processing. 

3. Abuse of the initial free, 30-day trial period---deleting and then immediately re-publishing a listing prior to the end of the initial free, 30-day trial period in order to avoid payment for a published listing beyond the initial 30 days---is prohibited and will result in suspension of your Vault account and deletion of all your listings with no refund.

4. You are responsible for verifying the recurring payment for your Vault listing is cancelled following deletion of that listing. You can verify the recurring payment has been cancelled by logging in to your PayPal account, clicking on the Profile tab, and accessing the Recurring Payments and Pay List links in the Financial Information column. If the recurring payment is still listed in either location, you can cancel it.

If the recurring payment has not been cancelled the payment will continue to recur every thirty days until you login to PayPal and cancel it yourself, and you will not be eligible to receive a refund for recurring payments processed after the associated listing is deleted.

5. The Site is in no way affiliated with PayPal, and has no control nor influence over the PayPal site, PayPal staff nor PayPal services. The Site has no control nor influence over, nor participation in, your interactions with the PayPal site, staff or services. Any disagreements, problems or grievances arising between yourself and PayPal must be directed toward PayPal and resolved between yourself and PayPal according to the PayPal Acceptable Use Policy.

6. The person under whose Site account a Site listing is published is responsible for payment of Site charges. If the book being listed has multiple authors, it is the responsibility of the paying author to recoup payment expense from the other authors, if desired.

7. If the book being listed has multiple authors, the Site will not be party to any agreements or arrangements made among those authors with respect to the content, publication or payment for a Site listing, and the Site will not be bound by, nor held liable for, any such agreements or arrangements made among the authors. 

IV. Privacy

1. The Site respects the privacy of its members and visitors. Any information provided to the Site as a result of your visit, registration, data entry, file uploads, site searches or other site activity will not be shared, sold, rented, or otherwise provided to any third parties without your consent.

2. Site visitors, users, registered members and Site staff are expressly prohibited from gathering, storing, publishing or otherwise using any content or information provided by other Site visitors, registered members or Site staff for marketing purposes. 

V. Method of Communications

1. In communicating with Site staff via email or any site contact or registration form, you consent to receive all communications from the Site and its staff in electronic form.

2. In registering for membership in the Site, you consent to receive communications from the Site electronically. You are responsible for keeping your email contact information current within your Site account profile.

3. All communications with you shall be conducted via email or via notices posted on the Site. You agree that all agreements, notices, disclosures and other communications provided to you via email or in the form of a posted notice on the Site satisfy any legal requirement for communication in writing.

VI. Trademarks

1. The names, logos and slogans of sites, blogs, publications and companies referenced or linked anywhere on the Site are assumed to be the trademarked property of those sites, blogs, publications and companies, and as such, are assumed to be protected by U.S. and international trademark law. Such names, logos and slogans are not to be reprinted, distributed, copied, or otherwise used without the express written permission of the site, blog, publication or company in question.

VII. License

The Site grants various classifications of Site visitors and users a limited license to view and use Site content as follows:

1. All Site Visitors and Users are expressly prohibited from posting, entering, uploading or otherwise providing SPAM to this site, its staff or its members.

2. Anonymous Site Visitors may view unsecured content, but do not have access to search Site listings and are expressly prohibited from copying, downloading, "screen scraping" or otherwise attempting to reuse or redistribute any site content, whether for personal or commercial use.

3. Registered Members (authors and others who create Site listings) may view unsecured and secured content, and may also create and Publetariat Vault listings. However, with the exception of content and information provided by themselves, Registered Members are expressly prohibited from copying, downloading, "screen scraping" or otherwise attempting to reuse or redistribute any site content, whether for personal or commercial use. Registered Members are responsible for maintaining the confidentiality of login information and for restricting access to their computers or other internet-capable devices, and agree to accept responsibility for all activities that occur under their accounts or passwords.

4. Registered Searchers (publishing professionals who search Site listings) may view unsecured and secured content, and may search published Site listings. Registered Searchers are allowed to download, print, copy and share listing content to the extent necessary for consulting with professional associates within their organizations when considering a book for acquisition. However, Registered Searchers are expressly prohibited from copying, downloading, "screen scraping" or otherwise attempting to reuse or redistribute any site content for any other purpose. Registered Searchers are responsible for maintaining the confidentiality of login information and for restricting access to their computers or other internet-capable devices, and agree to accept responsibility for all activities that occur under their accounts or passwords.

5. All Site Visitors, Users, Members and Searchers: No portion of this site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without express written consent of the Site.

VIII. Site Availability and Access, Data Management

1. The Site reserves the right to take the Site offline as needed for routine maintenance, troubleshooting and upgrade purposes. You will be granted no less than two weeks advance notice of planned site downtime, via an informational posting made to the Site. Downtime may occur without notice in the event of an emergency. Paid listing periods will not be extended to account for downtime.

2. You are responsible for keeping backup copies of any data, files or content supplied in any listing created on the Site.

3. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Site or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic as part of the link without express written permission.

IX. Disclaimer of Warranties and Limitation of Liability

1. THIS SITE IS PROVIDED BY THE PUBLETARIAT VAULT ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PUBLETARIAT VAULT  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE PUBLETARIAT VAULT RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PUBLETARIAT VAULT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

3. WHILE THE PUBLETARIAT VAULT MAKES EVERY EFFORT TO KEEP ITS SERVERS, SITE CONTENT AND EMAIL SECURE AND FREE FROM VIRUSES, TROJANS AND OTHER MALWARE, THE PUBLETARIAT VAULT HAS NO CONTROL OVER THE MANY OTHER SERVERS, SOFTWARE, FIRMWARE AND HARDWARE COMPONENTS STANDING BETWEEN THE PUBLETARIAT VAULT AND THE END USER. AS SUCH, THE PUBLETARIAT VAULT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

4. THE PUBLETARIAT VAULT DOES NOT GUARANTEE THE LEGITIMACY OF ANY PERSON, BUSINESS OR ENTITY MAKING AN OFFER TO PURCHASE RIGHTS TO MATERIALS LISTED IN THE VAULT'S PUBLISHED LISTINGS. IT IS THE LISTING PARTY'S RESPONSIBILITY TO VERIFY ANY AND ALL FACTS OR INFORMATION PRESENTED TO THE LISTING PARTY BY THE PARTY MAKING A PURCHASE OFFER.

5. THE PUBLETARIAT VAULT HAS NO PART IN NEGOTIATIONS BETWEEN PARTIES WHO CREATE LISTINGS AND PARTIES CONTRACTING TO ACQUIRE RIGHTS TO THE MATERIALS DESCRIBED BY SAID LISTINGS. AS SUCH, THE PUBLETARIAT VAULT DOES NOT GUARANTEE NOR WARRANT THAT THE TERMS OF ANY SUCH CONTRACT ARE IN COMPLIANCE WITH APPLICABLE LAW, NOR THAT THE TERMS OF ANY SUCH CONTRACT ARE FAIR AND EQUITABLE TO ALL PARTIES INVOLVED. IT IS THE RESPONSIBILITY OF THE CONTRACTING PARTIES TO RETAIN ANY LEGAL OR REPRESENTATIVE SERVICES DESIRED TO ADVISE THE CONTRACTING PARTIES AND PROTECT THE CONTRACTING PARTIES' INTERESTS.

X. Jurisdiction and Applicable Law

1. By visiting, registering with, or using the Site, you agree to be bound by the laws of the state of California, without regard to principles of conflict of laws, with respect to these Conditions of Use and any dispute of any sort that might arise between you and the Site.

2. Any dispute relating in any way to your visit to the Site or to services offered by or through the Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in such courts.

XI. Site Policies, Modification, and Severability

1. The Site reserves the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

XII. Suspension For Noncompliance

Any failure to comply with these Terms may result in the immediate suspension of your account or other blockage of your site access, and deletion of your published listings, without refund of fees.