Terms of service
Agreement between User/Member and Los Angeles Review of Books
Welcome to Los Angeles Review of Books. The Los Angeles Review of Books website, https://lareviewofbooks.org (the "Site") is comprised of various web pages operated by Los Angeles Review of Books ("LARB"). LARB is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://lareviewofbooks.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
LARB is an online and print magazine.
Los Angeles Review of Books is a nonprofit organization dedicated to promoting and disseminating rigorous, incisive, and engaging writing on every aspect of literature, culture, and the arts. The Los Angeles Review of Books magazine was created in part as a response to the disappearance of the traditional newspaper book review supplement, and, with it, the art of lively, intelligent long-form writing on recent publications in every genre, ranging from fiction to politics. The Los Angeles Review of Books seeks to revive and reinvent the book review for the internet age and remains committed to covering and representing today’s diverse literary and cultural landscape. LARB publishes new reviews, essays, and interviews online every day, as well as a print journal, The LARB Quarterly. Our civic arts programs are designed to advance the next generation of editors and publishers. These include the LARB Publishing Workshop, an immersive, collaborative program designed for students and innovators interested in publishing. Internships at LARB are available for college credit year-round. LARB offers events and public arts programs that connect writers and artists to readers both in Los Angeles and across the globe. Our LARB Friend membership level meets quarterly and includes live readings with selected authors; the LARB Luminary Evening series features writers in conversation with readers in homes around Los Angeles.
Electronic Communications
Visiting https://lareviewofbooks.org or sending emails to LARB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LARB is not responsible for third party access to your account that results from theft or misappropriation of your account. LARB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Membership
LARB is a 501(c)(3) nonprofit literary and cultural arts magazine operating a membership program with various benefits. This program may include interacting online with other members and at certain times offering events that members may attend. LARB reserves the right to change benefits offered and/or pricing options at any time and will notify members via email of changes. All memberships automatically renew at the current membership rates.
User Donation and Information
Member shall fill in the correct information requested in the User Donation form on the site. Member shall be required to promptly update the User Information on the site. Member shall select a username and password during the User Donation process. Member shall be responsible for: a) all use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Members username and password.
Premiums
Depending on the membership level, Member will receive premiums to their membership portal online at https://lareviewofbooks.org/login and/or via United States Postal Service. In the event of a missing premium, member shall notify LARB no later than 30 days from date of publication or from date of receipt of email notifying member that premium is on its way. After 30 days of LARB mailing out premiums, it is to be determined that member has received premium owed, and member will not be entitled to replacement of premium. For monthly members, physical premiums are delivered upon 3 successful payments. LARB reserves the right to change membership premiums at any time and will notify members via email of premium changes. International members will be charged current shipping costs separately to the credit card on file.
Cancelation/Refund Policy
If you become a member of LARB, you may cancel your membership or automatic renewal by contacting Membership at least two (2) weeks before the next scheduled payment date. Any cancelations made after renewal may result in a partial refund. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at membership@lareviewofbooks.org with any questions, comments, or requests.
Children Under Thirteen
LARB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://lareviewofbooks.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://lareviewofbooks.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LARB and LARB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LARB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LARB of the site or any association with its operators.
Certain services made available via https://lareviewofbooks.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://lareviewofbooks.org domain, you hereby acknowledge and consent that LARB may share such information and data with any third party with whom LARB has a contractual relationship to provide the requested product, service or functionality on behalf of https://lareviewofbooks.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://lareviewofbooks.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LARB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LARB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LARB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LARB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LARB or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
LARB has no obligation to monitor the Communication Services. However, LARB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LARB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LARB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LARB's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LARB does not control or endorse the content, messages or information found in any Communication Service and, therefore, LARB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LARB spokespersons, and their views do not necessarily reflect those of LARB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://lareviewofbooks.org or Posted on Any LARB Web Page
LARB does not claim ownership of the materials you provide to https://lareviewofbooks.org (including feedback and suggestions) or post, upload, input or submit to any LARB Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LARB, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LARB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LARB's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your LARB account to third party accounts. By connecting your LARB account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by LARB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LARB Content accessed through https://lareviewofbooks.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LARB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LARB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LARB in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LARB agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOS ANGELES REVIEW OF BOOKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LOS ANGELES REVIEW OF BOOKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOS ANGELES REVIEW OF BOOKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOS ANGELES REVIEW OF BOOKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOS ANGELES REVIEW OF BOOKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
LARB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LARB as a result of this agreement or use of the Site. LARB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LARB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LARB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LARB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LARB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
LARB reserves the right, in its sole discretion, to change the Terms under which https://lareviewofbooks.org is offered. The most current version of the Terms will supersede all previous versions. LARB encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
LARB welcomes your questions or comments regarding the Terms:
Los Angeles Review of Books
672 S. La Fayette Park Place, Suite 30
Los Angeles, California 90057
Email Address:
membership@lareviewofbooks.org
Telephone number:
323-952-3950
Effective as of August 01, 2013