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Privacy Policy

PENGUIN GROUP (USA) INC. ONLINE PRIVACY POLICY

This website ("Site") is maintained by Penguin Group (USA) Inc. ("Penguin," "us," or "we"), 375 Hudson Street, New York, NY, 10014. We can be reached by e-mail at online@us.penguingroup.com. This Policy applies only to information collected online by Penguin and does not cover any such information collected by its corporate parent(s), affiliates, joint ventures or co-promotions between Penguin and a third party, or any other company or party, unless specifically stated. Your privacy is important to us. The purpose of this policy is to inform you of how we collect, use, disclose, manage, and store the personal information that you may provide to us online. If you do not agree with this Privacy Policy, please do not participate in Penguin's online activities and services that require you to provide personal information. Your continued participation on this Site indicates your acceptance of this Privacy Policy.

GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION
This Site is operated in the United States and is designed for and targeted to U.S. audiences. It is governed by and operated in accordance with the laws of the United States or the State of New York as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than New York, and you agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the Southern District, located in New York City, NY.

WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
As you interact with our Site, we and our operational service providers may collect certain information from you, including but not limited to name, postal address, email address, telephone number, date of birth and credit card information ("Personal Information"). Penguin uses Personal Information in various ways, including but not limited to sending e-newsletters and e-mail alerts you subscribed for (sometimes through designated third party operational service providers on our behalf), processing your online purchases (applicable to sites with e-commerce), informing you about and improving our products and services, fulfilling contest, sweepstakes and other offers, and otherwise to better meet the needs and preferences of Penguin customers. This Site may offer user interactive activities such as bulletin boards, forums, blogs or other public areas ("Public Areas"). We reserve the right, at our sole discretion, to save and archive any content of any nature posted to the Public Areas and share such information as described in this Policy. See our Terms of Use Agreement.

We may share your Personal Information as follows:

  1. To comply with court orders or subpoenas and as necessary to satisfy any law or regulation;
  2. In cooperation with a law enforcement or government requests or where we believe it is necessary to investigate suspected illegal activities, fraud, or violations of our Terms of Use Agreement;
  3. With Penguin's operational service providers;
  4. With our corporate parent(s)and other affiliated entities for business, operational and marketing purposes;
  5. To a third party in the event of a corporate sale, merger or other restructuring; and
  6. With third parties (for example, our authors or promotional partners) for their own direct marketing purposes but only with notice and consent at time of collection.

OPT-IN/OPT-OUT OPTIONS
You can "opt in" or "opt out" of receiving promotional e-mail from us by checking or unchecking the appropriate box on the registration or submission area for the particular offer, by updating your preferences here or by following the instructions in our e-mail messages. Please note that even if you choose to opt out of promotional e-mail, we will continue to send you important service-related communications (e.g., order confirmations). You may also opt out of having your information shared with third parties for direct marketing purposes under item 6 of Website Collection, Use, And Disclosure Of Personal Information by following the instructions listed immediately above.

SECURITY OF PERSONAL INFORMATION
Penguin understands the need to prevent online fraud. To do so, we employ reasonable industry standard security measures involving both hardware and software. For our e-commerce sites, we use Secure Socket Layer (SSL) to encrypt any Personal Information you send to us during the check-out process. Only when your information has been passed to our secure servers, housed in a physically secure location and protected by firewall software, is your transaction processed. Penguin employs your credit card information only for your purchase with us. Your information is vetted by a merchant bank to ensure that all credit details are accurate and represent a genuine purchase.

Please remember that no data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. Thus, while we strive to protect your personal data, Penguin cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.

COOKIES AND OTHER TRACKING DEVICES
Penguin and our operational service providers employ cookies and other tracking devices to recognize you and improve your experience on the Site. Cookies are small pieces of information stored on your computer for record-keeping purposes. We use cookies to remember information customers give us so that they don't have to reenter it each time they visit the Site. You are always free to decline our cookies if your browser permits. Even without a cookie, you will still be able to use most of the features on our Site, including purchasing items.

MONITORING AND USE OF AGGREGATE PERSONAL INFORMATION
Without disclosure of Personal Information about individual users, we may provide aggregate statistics about our users, traffic patterns and related Site information to third party vendors or marketing companies.

SPECIAL POLICY WITH REGARD TO INFORMATION FROM CHILDREN UNDER THIRTEEN
Penguin respects the privacy of children, and we comply with the Children's Online Privacy Protection Act ("COPPA"). This Site does not knowingly collect, retain or disclose Personal Information from children under the age of 13 without prior parental consent, except as permitted by COPPA. If you have any questions concerning our information practices with respect to children, you may email us at online@us.penguingroup.com. For tips on protecting your child's privacy online, please see the U.S. Federal Trade Commission's brochure on this topic: www.onguardonline.gov.

LINKS
We may provide links to third-party web sites as a service to our users. Please be aware that we cannot control and are not responsible for the information collection, use and disclosure practices of such web sites. We encourage you to review and understand the privacy policies on these web sites before providing any information to them.

CALIFORNIA RESIDENTS' PRIVACY RIGHTS
If you are a California resident and request information about how to exercise your third-party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (e-mail or postal mail). You may contact us in two ways. Send e-mail to online@us.penguingroup.com, with the statement "California Residents' Privacy Rights" in the subject field of your e-mail. Alternatively, you may contact Penguin at:

Penguin Group (USA)
375 Hudson Street
New York, NY 10014
Attn: California RESIDENTS' Privacy Rights c/o Legal Department

For offline requests, please include your name, postal address, city, state, and zip code. We will not accept requests via telephone or facsimile.

ENFORCEMENT
If any provision of this Privacy Policy shall be adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

GENERAL REQUESTS ABOUT THIS POLICY
To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Site Administrator at the following e-mail address: online@us.penguingroup.com.

CHANGES TO OUR ONLINE PRIVACY POLICY
We may revise this Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective immediately upon posting. Therefore, we encourage you to visit our website to review this Privacy Policy often.

LAST UPDATED: December 3, 2009




Terms of Use

RESTRICTIONS ON USE OF WEBSITE
This website is owned and operated by Penguin Group (USA) Inc. ("PGI"). By accessing or using this site, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. PGI reserves the right, at its own discretion, to update and modify these Terms of Use at any time and by using this site you agree to be bound by and comply with these modifications.

USE OF MATERIALS
Unless otherwise indicated, all content appearing on this site is the property of PGI and/or its subsidiaries or affiliates and is protected, without limitation, by US and foreign copyright and trademark laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this website without written permission from PGI. Penguin and Penguin Group are trademarks, and misuse of these names or of any of the information appearing on this site may violate copyright and trademark law. If you access this material outside the US you are responsible for compliance with local laws.

LIMITATION OF LIABILITY
PGI WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH IS PROVIDED "AS IS." PGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PGI DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PGI BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER CONDUCT
PGI is not responsible for material submitted or posted to any of its sites, including materials posted on any bulletin boards, forums, blogs or other public areas ("Public Areas"). You acknowledge that PGI may or may not pre-screen these materials, and PGI or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable. PGI reserves the right to disclose information as provided in our Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through this site any content that: a) libels, defames, is obscene, pornographic, abusive or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; f) contains a virus or other harmful component.

LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with PGI, you are granting to PGI a non-exclusive, worldwide, royalty-free, unrestricted license to use, display, adapt, modify and reproduce these materials as PGI sees fit and you shall have no claims against PGI for using these materials. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third-party.

INDEMNITY
You agree to defend, indemnify, and hold PGI and its parent, subsidiaries, affiliates and the agencies of any of them harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or arising out of your use of this site, including but not limited to the placement or transmission of any message or information on this site by you.

LINKS TO THIRD PARTY WEBSITES
This site may contain links to websites that are run and maintained by third-parties. PGI is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to PGI's websites and you should always review the terms and conditions of any site that you access through a link from this or any other PGI website.

UNSOLICITED MANUSCRIPTS
PGI does not accept the submission of unsolicited manuscripts via this site and does not accept responsibility for any such submissions. GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION This Site is operated in the United States and is designed for and targeted to U.S. audiences. It is governed by and operated in accordance with the laws of the United States or the State of New York as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than New York, and you agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the Southern District, located in New York City, NY.

COPYRIGHT INFRINGEMENT
PGI prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PGI's Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
Penguin Group (USA) Inc.
375 Hudson Street, 3rd Floor
New York, NY 10014

By phone: (800) 631-8571

By fax: (212) 366-2867

By email: copyright@us.penguingroup.com

Upon receipt of such notification, PGI will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

ENFORCEMENT
If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

TERMINATION
Many PGI sites do not have account holders or subscribers. For those sites that do, in appropriate cases, PGI will terminate subscriptions or accounts of repeat copyright infringers. If you believe that a user of this site is a repeat infringer, please contact PGI's DMCA Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.

LAST UPDATED: September 5, 2008