SMP Swerve Terms and Conditions
Effective Date: October 29, 2015
This website is owned and operated by SMP Swerve, an imprint of St. Martin's Press, LLC, which is a division of Macmillan. Throughout the site, the terms “we,” “us” and “our” refer to SMP Swerve. SMP Swerve offers this website, including all information, features and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.
About SMP SWERVE – Purpose of This Site
On the SMP Swerve site, registered users can upload their finished manuscripts for consideration for publication. Throughout these Terms, “Manuscript” (or “Manuscripts” in the plural) refers to a user-uploaded manuscript.
Your Use of This SiteAs a condition to your continued use of the website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms.
Certain parts of this site may be accessed without registering. However, registration is required for users to upload Manuscripts. The first time you click on the “Submit Your Manuscript” link, you will be prompted to register. You must be at least 18 years old to register. As part of the registration process, you will be asked to create a user profile with information about yourself. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. You may not transfer a SMP SWERVE account to another party. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You agree to immediately notify SMP SWERVE of any unauthorized use of your password or account or any other breach of security. SMP SWERVE will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that SMP SWERVE may, without or without cause, immediately terminate your SMP SWERVE account and/or access to this site, and delete any content or information you have uploaded, including any Manuscript, without prior notice in its sole discretion, and shall have no liability of any kind in connection with any such actions.
Submission of Your Manuscript
In order to submit a manuscript, you must agree to the following Manuscript Submission Rules and Guidelines, which set forth details of the submission process, the rights we will have with respect to your submission, and certain obligations you undertake in connection with your submission.
We only accept original, completed works of romantic fiction, preferably between 25,000 and 100,000 words in length. Some other important requirements:
- All submitted Manuscripts must be original works and no less than 25,000 words in length.
- Manuscripts for works that were previously available for sale are eligible for submission so long as you control the necessary rights.
Manuscripts that are selected for publication by SMP Swerve will be offered a publishing contract on one of SMP Swerve's current standard publishing contract forms. We offer an advance against royalties, the size of which will depend on a number of factors, including you, the length of your story and how commercial we think it is. We also offer a royalty-only option, but if we decide to make you an offer, you will be free to choose between the two.
Use of Material From This Site
This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by SMP SWERVE or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the site, it is provided to you by SMP SWERVE or its licensors under a license that is revocable. SMP SWERVE and its licensors retain full and complete title to the material on this site and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site is expressly prohibited.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. SMP SWERVE does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules below. WITH RESPECT TO ANY MANUSCRIPT YOU SUBMIT, THE GRANT OF RIGHTS PURSUANT TO THE AGREEMENT REFERRED TO IN THE SECTION ABOVE ENTITLED “SUBMISSION OF YOUR MANUSCRIPT SHALL GOVERN. You grant SMP SWERVE and its affiliates the right to use the name you submit in connection with any Manuscripts you submit. All personal information provided via this website will be handled in accordance with the site’s online Privacy Notice.
In connection with your use of this site, you agree:
- Not to submit any Manuscript that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit any Manuscript that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to include the relevant material in the Manuscript;
- Not to submit or create any link to material that is unlawful;
- Not to make any personal attack on any person, firm or company;
- Not to submit or create any link to material, or otherwise use this site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
- Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
- Not to submit any material that you do not have the legal right to disclose;
- Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
- Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this site, or that would damage, compromise the security of, or disrupt this site or any connected network;
- Not to allow usage by others in such a way as to violate these Terms and Conditions.
Termination; Repeat Offenders
If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, terminating a user’s access to this site. Without limiting the foregoing, it is our policy to terminate access of any user whom we determine to be a repeat infringer of these Terms and Conditions or any third-party rights.
Trademarks and Copyrights
This site features trademarks, service marks and logos that are the property of SMP SWERVE and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:SMP SWERVE
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
Please include all of the following in your notification:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU UPLOAD MATERIALS TO THIS SITE (INCLUDING, WITHOUT LIMITATION, A MANUSCRIPT), OR DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. MACMILLAN SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY RELATING TO OR RESULTING FROM ANY MISAPPROPRIATION OR MISUSE BY THIRD PARTIES OF ANY MANUSCRIPT OR COMMENTS YOU MAY UPLOAD TO THIS SITE, INCLUDING WITHOUT LIMITATION ANY FINANCIAL OR OTHER DAMAGE YOU MAY SUFFER AS THE RESULT OF A VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS BY A THIRD PARTY. MACMILLAN IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, TELEPHONE OR OTHER COMMUNICATIONS MALFUNCTIONS, ERRORS OR FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, WEBSITE, INTERNET, OR ISP UNAVAILABILITY, UNAUTHORIZED HUMAN INTERVENTION, TRAFFIC CONGESTION, INCOMPLETE OR INACCURATE CAPTURE OF ENTRY INFORMATION (REGARDLESS OF CAUSE) OR FAILED, INCOMPLETE, OR DELAYED COMPUTER TRANSMISSIONS WHICH MAY LIMIT ONE'S ABILITY TO SUBMIT A MANUSCRIPT. MACMILLAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON- INFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIALS FROM THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MACMILLAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MACMILLAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT ALL OR A PORTION OF THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MACMILLAN NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IndemnificationYou agree to indemnify, defend and hold harmless SMP SWERVE and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Links; DownloadsThis site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. In order to use or access certain features of this site, you may need to download technologies made available by third parties. We may provide links to the third party sites to facilitate the downloading of these technologies. These other sites and technologies are not provided by SMP SWERVE, and we have no responsibility for them. You may be required to agree to terms and conditions presented by the third party in order to download and use the technologies made available on these sites. We recommend that you carefully review any such terms and conditions.
Macmillan is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York govern these Terms and Conditions and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action to enforce these Terms and Conditions. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms and Conditions or your use of this site, you hereby waive the right to a jury trial.
Changes to These Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms and Conditions constitute the entire agreement and understanding between you and SMP SWERVE with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms and Conditions, please write to us at:SMP Swerve
c/o St. Martin's Press, LLC
175 Fifth Avenue
New York, NY 10010
Thank you for visiting our site.