Poetry magazine or The Poetry Foundation is the source, sponsor, or endorser of the product or service and may not be used in any manner that disparages or discredits Poetry magazine or The Poetry Foundation.

Links to the Website, Frames, and Metatags
You may not link to the home page of the Website in any way that might cast Poetry magazine or The Poetry Foundation in a false or misleading light. You may not frame the Website content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates the name Poetry magazine or The Poetry Foundation or the Trademarks without our express written consent.

Linked Websites
This Website may contain hyperlinks to websites owned and operated by parties other than Poetry magazine or The Poetry Foundation. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on our Website does not mean that we endorse or approve of any third party website to which you may have access through the linked websites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party websites or for any action you may take as a result of linking to any such website. Each of the websites to which you may link are likely to set forth specific terms and conditions of use that you should review. Please review the terms of use and privacy policy of any linked website.

Indemnification
You agree to indemnify, defend and hold harmless Poetry magazine and The Poetry Foundation, their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, "Poetry magazine, The Poetry Foundation, and Affiliates") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by Poetry magazine, The Poetry Foundation, and Affiliates arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) your use of the Website in violation of these Terms of Use and Privacy Policy or in violation of any applicable law. You agree to cooperate with us as reasonably required in the defense of any such claims. Poetry magazine, The Poetry Foundation, and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Poetry magazine or The Poetry Foundation.

Security
The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. Although we take reasonable means to protect the security of the information communicated through the Website, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our Website has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Website to communicate with us, you do so at your own risk.

If you elect to subscribe to Poetry magazine, your credit card payment information will be transmitted to a third party vendor through a Secure Socket Layer ("SSL"). Any communications that you may send to Poetry magazine or The Poetry Foundation will not be sent through a SSL.

Privacy
We are committed to respecting your privacy and that of the information you provide to us. By using this Website, you consent to the processing of personal information about you as described in the for this Website, which is hereby incorporated by reference within these Terms of Use.

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD THE POETRY FOUNDATION AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS WEBSITE.

Digital Millennium Copyright Act Notification of Alleged Copyright Infringement
Poetry magazine avails itself of the protection of the Digital Millennium Copyright Act. We reserve the right to remove any content or links that allegedly infringe another person's copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent:
Service Provider: The Poetry Foundation
Designated Agent: Webmaster
Address:444 North Michigan Avenue, Suite 1850, Chicago, IL 60611
Telephone: (312) 787-7070
Facsimile: (312) 787-6650
E-Mail: webmaster@poetrymagazine.org

To be effective, the notification must be a written communication to the Designated Agent that includes substantially the following:
(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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 Poetry Foundation to locate the material;
(d) Information reasonably sufficient to permit The Poetry Foundation to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has 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
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Removal of Poems or Essays / Destruction of Copies
In the event that Poetry magazine elects to remove a poem or essay previously published on the Website, a notice of such removal may be posted on the Website with a request that users of the Website destroy any copies of a poem or essay so identified that a user may have made. You agree to destroy or erase any such copy, if Poetry magazine requests that you do so.

Warranty and Liability Disclaimer
THIS WEBSITE IS PROVIDED AS IS AND WITH ALL FAULTS. WE GIVE NO WARRANTIES IN RESPECT OF THIS WEBSITE WHATSOEVER.

ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS WEBSITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE POETRY FOUNDATION DOES NOT WARRANT THAT THIS WEBSITE, OR ANY OTHERS WEBSITE THAT MAY BE LINKED TO THROUGH THIS WEBSITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE. THE POETRY FOUNDATION IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS WEBSITE.

Remedies for Misuse
You agree that any unauthorized use of the Website or its contents may cause Poetry magazine, The Poetry Foundation, and Affiliates immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Website may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILLFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR UNAUTHORIZED COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE WEBSITE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF USE, THEN YOU SHALL BE LIABLE TO THE POETRY FOUNDATION FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

Governing Law
These Terms of Use, including the Privacy Policy incorporated by reference, and any claim or dispute relating to it will be governed by the laws of the State of Illinois applicable to contracts made and performed there without regard to its conflicts of law principles.

Termination
We reserve the right to terminate these Terms of Use, including the Privacy Policy incorporated by reference, at any time without notice for any reason or for no reason, including for any user's violation of any of the provisions of the Terms of Use. The Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

General Terms and Conditions If any part of these Terms of Use 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 Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and Poetry magazine, The Poetry Foundation, and Affiliates with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and Poetry magazine, The Poetry Foundation, and Affiliates with respect to this Website. 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.

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

Any rights not expressly granted herein are reserved by The Poetry Foundation.

Contact Information
If you have any questions about these Terms of Use, the operation of this Website, or your dealings with us, you can contact us at:
The Poetry Foundation
444 North Michigan Avenue, Suite 1850
Chicago, IL 60611
tel: (312) 787-7070
fax: (312) 787-6650
webmaster@poetrymagazine.org

Privacy Policy

This Privacy Policy may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Privacy Policy. Each and every time you access the Website you shall be deemed to have agreed to the then current Privacy Policy. Commitment to Privacy Poetry magazine is committed to protecting your privacy and that of any personally identifiable information, including, but not limited to, any computer-generated identification number (including IP addresses), and any other information relating to your physical, physiological, or mental condition, or your economic, cultural or social identity ("Personal Information") that we may collect through the Website. This Privacy Policy explains why we collect particular information and how we will protect your personal privacy.

Information Collected

Personal Information. The information that Poetry magazine collects on this Website consists of Personal Information that may be voluntarily submitted by users who wish to Register at the Website in order to subscribe to Poetry magazine or receive e-mails regarding the content of new issues of Poetry magazine, subscription offers and renewal notices, news and updates from The Poetry Foundation, or participate in optional surveys that Poetry magazine or The Poetry Foundation may conduct. If you elect to register, you will be asked to submit Personal Information, such as your name, company name, e-mail address, physical address, fax number and demographic information (such as, city, state and country, or any other demographic information that you may submit). This Personal Information is collected and stored in a manner appropriate to the nature of your request, as determined by Poetry magazine, to complete your registration. Persons younger than 13 years of age may not register at the Website without the express written permission of a parent or legal guardian.

Cookies. The Website uses cookies to enhance your experience while using this Website. A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on this Website. For instance, by setting a cookie on this Website, you would not have to log in a password more than once, thereby saving time while on this Website. Cookies can also enable us to track and target the interests of our users to enhance their experience on this Website. You have the ability to accept or decline cookies by configuring your web browser setting. If you refuse the cookie, you may still use this Website, however, your use may be limited in some areas of this Website. If you would like to learn more about cookies, you can do so at www.cookiecentral.com.

IP Addresses. Poetry magazine collects the IP address of all users visiting this Website. An IP address is a number that is assigned to your computer when you use the Internet. Site Usage Tracking. Poetry magazine may monitor and analyze your activity on this Website to gather information to determine interest in different areas of this Website. Other Information Collected. Poetry magazine automatically gathers aggregate statistical information about this Website and its visitors, such as browsers used, pages viewed, number of visitors, etc.

Use of the Personal Information

Service Enhancement. All information you provide may be used to improve the services offered at the Poetry magazine Website.

Analysis of Site Behavior. Poetry magazine may monitor and analyze your activity on this Website. This information is used to maintain and enhance the quality of the Website. Poetry magazine may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Use of Personal Information in Aggregate. Poetry magazine may use Personal Information for purposes of compiling aggregate information on the use of this Website. Poetry magazine may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Termination Option. Out of respect for the privacy of the users of this Website, Poetry magazine offers the option to terminate future communications that were originally requested through this Website. Please see the "User Access to Personal Information" section below.

Cookies. Cookies are used to store and sometimes track your preferences to provide you with customized and personalized services in order to enhance your use of this Website. Poetry magazine may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

IP Addresses. Poetry magazine uses IP addresses to analyze trends, administer this Website, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Poetry magazine may provide this information to any entity affiliated with The Poetry Foundation, in accordance with this Privacy Policy.

Surveys. At times Poetry magazine or The Poetry Foundation may conduct surveys on a voluntary and anonymous basis. You are not required to participate in the surveys.

Disclosure of Personal Information

Sharing With Affiliates and Employers. The Personal Information that Poetry magazine collects may be shared with any entity affiliated with Poetry magazine or The Poetry Foundation, in accordance with this Privacy Policy for purposes of providing requested services.

Sharing with Third Parties. Poetry magazine and The Poetry Foundation do not rent or sell your personally identifying information. Such information will only be used if you affirmatively grant us permission to use such information, on an Opt-In basis, if you elect to register to subscribe to Poetry magazine or receive e-mails regarding the content of new issues of Poetry magazine, subscription offers and renewal notices, news and updates from The Poetry Foundation, or participate in optional surveys that Poetry magazine or The Poetry Foundation may conduct. In addition, any e-mail communication sent to you by Poetry magazine or The Poetry Foundation will provide you with an Opt-Out option, allowing you to terminate permission you may have previously granted to us to use your personally identifying information during the Opt-In process.

Guidelines for Transfer of Personal Information. Poetry magazine will only transfer Personal Information to third parties consistent with the principles of notice and choice set forth in the European Commission's Directive on Data Protection ("EC Directive"). Where Poetry magazine has not provided for a choice, because our use of the Personal Information is compatible with the purpose for which the data was originally collected or which was disclosed in a notice, Poetry magazine will transfer the data to a third-party only if Poetry magazine first either (a) ascertains that the third party subscribes to the Safe Harbor principles or is subject to the EC Directive, or (b) enters into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant Safe Harbor principles.

Exceptions. Notwithstanding the limitations on transfer of Personal Information set forth above, Poetry magazine will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Poetry Foundation or this Website; (b) protect and defend the rights or property of The Poetry Foundation; and (c) act in urgent circumstances to protect the personal safety of employees of The Poetry Foundation, users of this Website, or the public.

Opt-Out Opt-Out Procedure. Users of this Website are given the opportunity to Opt-Out of having their information used for purposes for which they previously granted permission during the Opt-In process at the time of registration. Users may Opt-Out by either: (a) sending correspondence to the following postal address: 444 North Michigan Avenue, Suite 1850, Chicago, IL 60611; or (b) sending an e-mail to webmaster@poetrymagazine.org.

Effect of Opting-Out. Upon receipt of such notification, Poetry magazine will, within a commercially reasonable time, either: (a) remove you and your Personal Information from the Poetry magazine database; (b) correct any Personal Information that you state is erroneous; or (c) modify the permissions you grant to us regarding the receipt of e-mails; as directed by you.

Links to Third-Party Websites

Disclaimer. This Website contains links to facilitate your access to external or third-party websites. You should be aware that these linked external or third-party websites are not controlled by Poetry magazine and, therefore, are not subject to this Privacy Policy. Poetry magazine is not responsible for these other, linked websites, including the privacy practices of such other websites. You are responsible for checking the privacy policies of these third-party sites to determine how your personal information may be utilized by the proprietors of those third-party websites. Poetry magazine disclaims any and all responsibility and/or liability for the collection and/or transfer of information collected by such other third-party websites.

Security This Website has industry standard security measures in place to protect against the loss, misuse, and alteration of information. Although Poetry magazine has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted via the Internet cannot be guaranteed. Accordingly, you should consider carefully if you want to submit sensitive information via the Internet.

User Access to Personal Information

If you desire access to your own Personal Information, to correct existing Personal Information, or to remove your Personal Information, please contact Poetry magazine using the contact information provided below. If you request removal of Personal Information, you acknowledge that residual Personal Information may continue to reside in Poetry magazine's records and archives, but Poetry magazine will not use that information for a commercial purpose. Poetry magazine reserves the right to maintain your Personal Information if Poetry magazine has suspended, limited, or terminated your access to this Website for violating the applicable Terms of Use.

Safe Harbor

Poetry magazine participates in, and has complied with the requirements of, the Safe Harbor principles relating to the EC Directive.

Contact Information

If you have any questions about this Privacy Policy, the operation of this Website, or your dealings with us, you can contact us at:
The Poetry Foundation
444 North Michigan Avenue, Suite 1850
Chicago, IL 60611
tel: (312) 787-7070
fax: (312) 787-6650
webmaster@poetrymagazine.org