POETRYSPEAKS.COM TERMS OF USE

DATE OF LAST REVISION OCTOBER 6, 2009

Welcome to PoetrySpeaks.com, an online poetry community where poets and lovers of spoken word can gather to experience poetry in exciting new ways. The PoetrySpeaks.com website located at www.poetryspeaks.com, its affiliate sites, which currently include YourMic.com and SpokenWordRedux.com, subdomains, mobile version(s), and any associated applications (collectively, "PoetrySpeaks.com") are operated by Sourcebooks, Inc. and its affiliates (collectively, "us," "we" or "the Company"). By accessing or using PoetrySpeaks.com, you ("you" or "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether you are a "Visitor" (which means that you simply browse PoetrySpeaks.com without being a registered user) or a "Member" (which means that you are a registered user of PoetrySpeaks.com).

This Agreement sets out the legally binding terms of your use of PoetrySpeaks.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms of Use or by otherwise posting on PoetrySpeaks.com, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your use of PoetrySpeaks.com after such notice is posted confirms your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) PoetrySpeaks.com. It is your responsibility to regularly check the Date of Last Revision of these Terms of Use to determine if there have been changes and to review such changes. You agree that Company shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of PoetrySpeaks.com at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PoetrySpeaks.com if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to PoetrySpeaks.com and/or its other users.

1. Eligibility
Use of PoetrySpeaks.com and registration to be a Member of PoetrySpeaks.com is void where prohibited. You must be 13 or older to use PoetrySpeaks.com. If you between the ages of 13 and 17, you must receive authorization from a parent or guardian to register for an account. By agreeing to these terms or by using PoetrySpeaks.com, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use PoetrySpeaks.com or are a Member. You may terminate your PoetrySpeaks.com membership ("Membership") at any time, for any reason, by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it and requesting the deletion of your account. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of PoetrySpeaks.com, and Company shall in no way be responsible to you for such termination. Even after Membership is terminated, this Agreement will remain in effect.

3. Registration Information
In consideration of your use of PoetrySpeaks.com, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on PoetrySpeaks.com ("Registration Information"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. Proprietary Rights in Site Content; Limited License
All content on PoetrySpeaks.com, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on PoetrySpeaks.com.
Provided that you are eligible for use of PoetrySpeaks.com, you are granted a limited license to access and use PoetrySpeaks.com and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of PoetrySpeaks.com or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

5. User Content
Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through PoetrySpeaks.com ("User Content"). After posting your User Content to PoetrySpeaks.com, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By displaying or publishing ("posting") any User Content on or through PoetrySpeaks.com, you hereby grant to Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through PoetrySpeaks.com, including without limitation distributing part or all of PoetrySpeaks.com in any media formats and through any media channels, except User Content marked "private" will not be distributed outside PoetrySpeaks.com. After you remove User Content from PoetrySpeaks.com we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand and agree that PoetrySpeaks.com may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. You understand and agree that any comments posted by you the user throughout PoetrySpeaks.com are perpetual and irrevocable. If after we have distributed User Content outside PoetrySpeaks.com you change your User Content’s privacy setting to "private," we will cease distribution of such "private" User Content outside PoetrySpeaks.com as soon as practicable after you make the change.

The license you grant to Company is non-exclusive (meaning you are free to license User Content to anyone else in addition to PoetrySpeaks.com), fully-paid and royalty-free (meaning that Company is not required to pay you or anyone else for the use on PoetrySpeaks.com of the User Content that you post), sublicensable (so that Company is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide PoetrySpeaks.com services), and worldwide (because the Internet and the PoetrySpeaks.com services are global in reach).

You represent and warrant that: (i) you own the User Content posted by you on or through PoetrySpeaks.com or otherwise have the right to grant the license set forth in this Section 5, and (ii) the posting of User Content on or through PoetrySpeaks.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any User Content posted by you on or through PoetrySpeaks.com.

PoetrySpeaks.com contains content created or posted by Company ("PoetrySpeaks.com Content"). PoetrySpeaks.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights in the PoetrySpeaks.com Content. Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PoetrySpeaks.com Content (excluding any software code) solely for your personal use in connection with using PoetrySpeaks.com.

PoetrySpeaks.com contains User Content and other content of PoetrySpeaks.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through PoetrySpeaks.com.

PoetrySpeaks.com performs technical functions necessary to offer the services on PoetrySpeaks.com, including but not limited to transcoding and/or reformatting content to allow its use throughout PoetrySpeaks.com.

Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring PoetrySpeaks.com for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor PoetrySpeaks.com, Company nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

You are solely responsible for the User Content that you post on or through PoetrySpeaks.com, and any material or information that you transmit to other Members and for your interactions with other Users.

6. Prohibited Content/Activity
The following are examples of the kind of content that is illegal or prohibited to post on or through PoetrySpeaks.com. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from PoetrySpeaks.com and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Company:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on PoetrySpeaks.com. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of PoetrySpeaks.com. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails or messages that a Member may send to other Members in any 24-hour period or in any 30-day period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through PoetrySpeaks.com, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Company $50 for each such unsolicited email or other unauthorized commercial communication you send through PoetrySpeaks.com;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of PoetrySpeaks.com;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your personal profile page, or any PoetrySpeaks.com page via HTML/CSS or any other means;
any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
interfering with, disrupting, or creating an undue burden on PoetrySpeaks.com or the networks or services connected to PoetrySpeaks.com;
impersonating or attempting to impersonate another Member, person or entity;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from PoetrySpeaks.com in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of PoetrySpeaks.com on behalf of that person; or
using PoetrySpeaks.com in a manner inconsistent with any and all applicable laws and regulations.

7. Copyright Policy
PoetrySpeaks.com has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If PoetrySpeaks.com removes material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any subscribers or account holders and/or block access to PoetrySpeaks.com of any subscribers or account holders who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) - Infringement Notification
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
Detailed identification of the copyrighted work that you believe has been infringed.
Detailed identification of the material you claim infringes this copyrighted work.
Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your signature.

Send the Infringement Notification to the following address:

By email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

By mail:
Copyright Agent
ATTN: PoetrySpeaks.com
Sourcebooks, Inc.
1935 Brookdale Road, Ste 139
Naperville, IL 60563

Digital Millenium Copyright Act (DMCA) - Counter Notification The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To file a counter notification, you must provide us with a written notice that includes each of the following items:
Detailed identification of the material PoetrySpeaks.com has removed.
Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Dupage County, Illinois if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.

Send the Counter Notification to the following address:

By email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

By mail:
Copyright Agent
ATTN: PoetrySpeaks.com
Sourcebooks, Inc.
1935 Brookdale Road, Ste 139
Naperville, IL 60563

8. Terms of Sale
Products and services may be made available to you by us through PoetrySpeaks.com. By purchasing any products or services through PoetrySpeaks.com, you signify that you have read, understand and agree to be bound by the Terms of Sale in this Section 8 in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted on PoetrySpeaks.com. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on PoetrySpeaks.com.

Purchase Qualifications; Account Security
To make a purchase on PoetrySpeaks.com, you must comply with these Terms of Sale (including the Terms of Use). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. PoetrySpeaks.com sells products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on PoetrySpeaks.com only with the involvement and authorization of a parent or guardian. We reserve the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Payment Method and Terms
We accept Visa, MasterCard and American Express credit cards and certain debit cards as forms of payment. By submitting an order through PoetrySpeaks.com, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to PoetrySpeaks.com, you may authorize us to store your credit card number and related payment information.

Delivery
Any tangible property purchased through PoetrySpeaks.com will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to services you purchase through PoetrySpeaks.com, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.

Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise their products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.

We attempt to be as accurate as possible and eliminate errors on PoetrySpeaks.com, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on PoetrySpeaks.com, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. PoetrySpeaks.com reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and to obtain a refund or credit as set forth above. To request a refund, send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

Exchanges
We will gladly exchange your product if it is damaged or if the wrong item was shipped to you within 14* days of receipt from UPS. Please call our Customer Service department at 800.432.7444 between 8:30 a.m. and 5:30 p.m. CST for a return authorization. No exchanges will be accepted without a return authorization. We will gladly exchange your product, within 14* days of receipt from UPS, if it is damaged or if the wrong item was shipped to you.

Returns
While most items are returnable, they are subject to the following guidelines:
If you receive a defective, damaged, or misshipped item, please contact customer service at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 
You may return new, unused books and calendars within 14* days of receipt from UPS. Please call our Customer Service department at 800.432.7444 between 8:30 a.m. and 5:30 p.m. CST for a return authorization. No returns will be accepted without a return authorization. Refund of the purchase price and sales tax only will be issued.** Credit will be issued upon receipt and acceptance of returned item. We reserve the right to deny returns if the product is returned in poor condition. Customer is responsible for return shipping costs. A 10% restocking fee will be assessed for all returned items.
*14 days is calculated from the receipt confirmation from parcel carrier.
** Shipping costs are not refunded.

All returns should be made to our warehouse:
Sourcebooks
C/O RR Donnelley
677 Brighton Beach Road
Menasha, WI 54952
You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by PoetrySpeaks.com. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. PoetrySpeaks.com is not responsible for damages incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from PoetrySpeaks.com and/or its partners. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by PoetrySpeaks.com in its sole discretion. Digital content including E-books and forms from PoetrySpeaks.com.com is not returnable/refundable. If you experiencing trouble using your purchase please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for technical assistance.

Third Party Suppliers
Parties other than the Company ("third party suppliers") may provide products or services for sale on PoetrySpeaks.com. We may also provide links to the sites of third party suppliers. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party supplier or the content of their websites. Such information is provided 'as is' without express or implied warranty, and you use such information at your own risk. We do not assume any responsibility or liability for the actions, products or services of any such third party supplier. Your legal rights in respect of any third party supplier are governed by applicable laws and by any contracts, agreements or understandings which you enter into with the third party supplier, including without limitation the applicable third party supplier's terms of use.

9. Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.

10. Disclaimers
We are not responsible for any incorrect or inaccurate User Content or any other third party content posted on PoetrySpeaks.com, whether made or caused by users of PoetrySpeaks.com, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of PoetrySpeaks.com.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF POETRYSPEAKS.COM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF POETRYSPEAKS.COM, ANY CONTENT POSTED ON POETRYSPEAKS.COM OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF POETRYSPEAKS.COM, WHETHER ONLINE OR OFFLINE.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of PoetrySpeaks.com, any Member or any other person related to or resulting from use of PoetrySpeaks.com, viewing, playing or downloading any materials on or from PoetrySpeaks.com. PoetrySpeaks.com is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of PoetrySpeaks.com. No advice or information, whether oral or written, obtained by you from us or from or through PoetrySpeaks.com shall create any warranty not expressly stated herein.

11. Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of PoetrySpeaks.com during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the PoetrySpeaks.com, even if we have been advised of the possibility of such damages.

12. Disputes
If there is any dispute between you and us about or involving PoetrySpeaks.com, by using PoetrySpeaks.com, you agree that the dispute exclusively shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions.  In the event of any dispute that you may bring against us, you agree that the state and federal courts located in Dupage County, Illinois shall be the exclusive venue for and shall have exclusive jurisdiction over any such dispute.  In the event of any dispute initiated by us against you, you agree that the state and federal courts located in Dupage County, Illinois shall have jurisdiction over and shall be a proper venue for any such dispute, and that any such dispute may also be brought by us in any forum or venue in which jurisdiction may properly be exercised as a matter of law.

13. Indemnity
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of PoetrySpeaks.com (including the posting by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.

14. No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of PoetrySpeaks.com.

15. Other
This Agreement, together with our Privacy Policy, and any notices regarding PoetrySpeaks.com sent to you or posted on PoetrySpeaks.com, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of PoetrySpeaks.com. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

Contact Information
If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of PoetrySpeaks.com, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Mailing address:
Sourcebooks, Inc.
ATTN: PoetrySpeaks.com
1935 Brookdale Road, Ste 139
Naperville, IL 60563

Telephone:
630-961-3900