Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the RomConInc.com and RomCon.com domain names, the "RomCon® Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)RomCon®'s privacy notice, incorporated here by reference.  If you do not agree to any of these terms or RomCon®'s privacy notice, please do not use RomCon®'s Website.

B. Romance Conventions, Inc. a.k.a. RomCon®, may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. RomCon® Website

A. These Terms of Service apply to all users and visitors of RomCon®'s Website.

B. The RomCon® Website may contain links to third party websites that are not owned or controlled by RomCon®. RomCon® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RomCon® will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve RomCon® from any and all liability arising from your use of any third-party website.

3. RomCon® Accounts

A. In order to access some features of the Website, you will have to create a RomCon® account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RomCon® immediately of any breach of security or unauthorized use of your account.

B. Although RomCon® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RomCon® or others due to such unauthorized use.

4. General Use of the Website -- Permissions and Restrictions

RomCon® hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium on any part of the Website, including but not limited to User Submissions (defined below), without RomCon®'s prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to use the Website for any commercial use, except to promote your book and/or your author brand as scheduled by RomCon®, without the prior written authorization of RomCon®.

D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to RomCon®'s Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RomCon® grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RomCon® reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

F. RomCon® reserves the right to discontinue any aspect of the RomCon® Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the RomCon® Website.

A. The content on the RomCon® Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to RomCon®, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RomCon® reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely: for your information and personal use; as intended through the normal functionality of the RomCon® Service

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the RomCon® Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the RomCon® Service or otherwise as prohibited under this Agreement.

D. You may access RomCon® Content, User Submissions and other content only as permitted under this Agreement. RomCon® reserves all rights not expressly granted in and to the RomCon® Content and the RomCon® Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the RomCon® Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RomCon® Website or the Content therein.

G. You understand that when using the RomCon®'s Website, you will be exposed to User Submissions from a variety of sources, and that RomCon® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RomCon® with respect thereto, and agree to indemnify and hold RomCon®, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Property Rights to Your User Submissions and Regulation of Your Conduct on RomCon®'s Web Site

A. You may submit content as a RomCon® account holder such as 'User Comments', 'Book Excerpts', 'Blurbs', 'Blog Posts' (collectively referred to as "User Submissions"). You agree on accepting these terms that your RomCon® User Submissions are not confidential whether or not your submissions are published on RomCon®.

B. You also agree you shall be solely responsible for the content you submit to us for publishing as your User Submissions on RomCon®'s website.  Delivery to a designated RomCon® Blog gmail email address shall constitute permission to post and publish your submission for RomCon® blogs.  In addition, by using RomCon®'s Website, you agree, affirm, represent, and warrant that you have appropriate licenses, rights, consents, or permissions to use the User Submissions that you post and publish on RomCon®'s website.

C. Ownership of User Submissions: You do not transfer your intellectual property rights in your User Submissions when you post or publish on RomCon®'s website. However, when you post or publish on RomCon®'s website you do grant RomCon® a non-exclusive license to use your User Submissions for the limited purpose of performing the RomCon®'s services that we provide to RomCon®'s website users. You also agree that you grant RomCon® a limited license without royalties. You grant RomCon® the right and license to use your licenses, rights, consents, or permissions for your User Submissions that you have posted and published on RomCon®'s website to allow us to provide our services to users of RomCon®'s website. You agree that RomCon® may retain, but may not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted, whether removed or deleted by you or by RomCon®.

Further, when you submit your User Submissions, you agree that RomCon® may license the uses of your User Submissions to RomCon®'s subcontractors, associates or partners for the limited purpose of facilitating delivery of our services to users of our website. In this regard, you agree that RomCon® is granted a limited license to use your User Submissions for purpose of providing services to users of RomCon®'s website including RomCon®'s right to use, reproduce, distribute, prepare derivative works of, display, and use your User Submissions to deliver our services to users of RomCon®'s website, including without limitation, the RomCon® service of promoting and redistributing part or all of the RomCon®'s website in all types of media formats or through any media channels, such as newsletters, emails, blogs, advertisements, or other media formats and channels.

You also agree that your posting or publishing User Submissions on RomCon®'s website grants each of RomCon®'s users a non-exclusive license to access your User Submissions through RomCon®'s website, provided such user shall limit their use of your User Submissions in accord with those uses you have enabled on RomCon®'s website, and provided that RomCon®'s users restrict their use of your User Submissions to RomCon®'s website under these Terms of Service.

The limited licenses you grant to RomCon® in your User Comments, referenced and described above, shall be perpetual and irrevocable upon such time as you submit your User Submissions to RomCon®.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RomCon® all of the license rights granted herein.

E. You further agree that you will not, submit material that can be considered offensive or contrary to applicable local, national, and international laws and regulations.

F. What RomCon® does not permit--EVER:
Taboo subjects include pedophilia, rape or incest, necrophilia, hate messages to any race, gender, religion, or sexuality, bestiality, main characters under the age of 18, and our definition of pornography. Scenes that depict abuse or harm to women will not be condoned, approved or allowed. Ever. RomCon® has, and will, refuse submissions of any kind (blogs, reviews, Readers' Crown/Reader Rating entries, etc.) based on any subject we deem inappropriate.

G. RomCon® does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and RomCon® expressly disclaims any and all liability in connection with User Submissions. RomCon® does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and RomCon® will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. RomCon® reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. RomCon® will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. RomCon® reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. RomCon® may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RomCon®'s designated Copyright Agent to receive notifications of claimed infringement is: admin at romconinc dot com.  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ROMCON®'S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ROMANCE CONVENTIONS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ROMCON® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ROMCON WEBSITE. ROMCON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MANIC READERS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ROMCON® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL ROMCON®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ROMCON® WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ROMCON® READERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by RomCon® from its facilities in the United States of America. RomCon® makes no representations that the RomCon® Website is appropriate or available for use in other locations. Those who access or use the RomCon® Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless RomCon®, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the RomCon® Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the RomCon® Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the RomCon® Website is not intended for children under 13. If you are under 13 years of age, then please do not use the RomCon® Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RomCon® without restriction.

14. General

You agree that: (i) the RomCon® Website shall be deemed solely based in Colorado; and (ii) the RomCon® Website shall be deemed a passive website that does not give rise to personal jurisdiction over RomCon®, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and RomCon® that arises in whole or in part from the RomCon® Website shall be decided exclusively by a court of competent jurisdiction located in Adams County, Colorado. These Terms of Service, together with the Privacy Notice and any other legal notices published by RomCon® on the Website, shall constitute the entire agreement between you and RomCon® concerning the RomCon® Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and RomCon®'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. RomCon® reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the RomCon® Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ROMCON® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ROMCON® WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.