Terms and Conditions

The following terms and conditions shall govern the services to customers provided by Literary and Creative Artists, Inc. (“LCA”) from this web site (the “Site”). LCA’s mission is: to describe the policies and processes required for soliciting the active services of this agency; to give prominent attention to the creative projects that it has represented and to further promote their commercial distribution.

By using this Site, you acknowledge that you understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms and Conditions.
LCA may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site. You agree to be bound by the specific terms and conditions posted on the Site.

1. Privacy
LCA’s policy is to respect and protect the privacy of our users. LCA agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing this Site. LCA does not collect personal information about individuals except when specifically and knowingly provided by such individuals and will never sell, rent or trade personal information about our users to any third party. Notwithstanding the foregoing, LCA may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LCA’ rights or property or anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to LCA’ sales and marketing personnel and its suppliers, business partners, regional managers and/or sales representatives as necessary to provide service to you; (4) to any third party who acquires LCA; and (5) in situations involving threats to the physical safety of any person.

2. Links
This Site contains links to other sites, including Barnes & Noble’s site, http://www.bn.com. LCA is NOT responsible for the privacy practices or the content on these other web sites. LCA does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you enter their site. This collecting of information is not subject to LCA’ control. To ensure protection of your privacy, always review the privacy policies of the sites you visit by linking from this Site.

3. Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. We never collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13.

4. How You Can Review or Correct Your Personal Information
You can contact LCA at: admin@lcadc.com to ask if we are keeping personal information about you. If we do have personal information about you, we will provide you with a readable copy of such personal information at no charge.
Factual errors in your personal information, including out-of-date information, can be corrected by sending us a request that credibly shows our error.

5. Opt-Out Procedures
You may always opt-out of receiving communications from us. To remove any personal information from our database or to not receive future communications from LCA, send an
e-mail message to admin@lcadc.com with the word "remove" in the subject line.

6. Book Orders
Terms and conditions regarding any book order(s) – including without limitation, prices, shipping and handling charges, taxes, and delivery - are NOT under the control of LCA.

7. Disclaimers and Limitation of Liabilities and Warranties
LCA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES WHICH MAY RESULT FROM ORDERING A BOOK OR OTHER PRODUCT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LCA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY BOOK OR OTHER PRODUCTS.

8. Intellectual Property - Limitation of Liability
LCA respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to LCA's designated Copyright Agent:
1. Identification of the copyrighted work(s) that you claim has been infringed;
2. Identification of where the material that you claim to be infringing is located on the Site;
3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
LCA’s designated Copyright Agent for notification of claims of copyright infringement on the Web Site is Muriel Nellis, who can be reached as follows:
Address: 3543 Albemarle Street, NW, Washington, DC 20016
Telephone: 202-362-4688
Fax: 202 -362-8875
E-mail: muriel@lcadc.com

9. Copyright and Permissions
You may make single copies of materials displayed on the Site for your own personal and noncommercial use, provided all copies include the copyright and other notices displayed with the materials on the Site.
You may not download, transmit, copy or otherwise make available any material from the Site, including any text or images, for public or commercial use, without LCA’s prior written permission: you also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the LCA Site without our prior written permission.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of LCA.
Except as otherwise noted, all content of the LCA Site is “Copyright 2003 LCA” All Rights Reserved.
LCA has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us. We can be reached by e-mail at: admin@lcadc.com

10. Applicable Laws and Jurisdictional Issues
This Site shall be governed by the laws of the District of Columbia. You consent to the jurisdiction of the federal and state courts presiding in the District of Columbia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

11. Headings
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.

12. No Assignment
The customer may not assign its rights or obligations under this Agreement without the prior express written consent of LCA.

13. Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

14. No Waiver
LCA's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

15. Complete Understanding
These Terms and Conditions constitute the entire understanding between LCA and you with respect to ordering products from the Site.
BY USING THE SITE YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about LCA or any of its books or authors or if you have any questions about our Terms and Conditions, please contact us:
e-mail: admin@lcadc.com
We'll be happy to answer your questions or hear your concerns.
Last Updated: May 1, 2003

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