Terms of Use

LAST REVISED: April 17, 2024

1. General Information and Acceptance of the Terms of Use

By means of this website (“Website”), NetGalley, LLC and/or its affiliates (“NetGalley”, “we”, “us” or “our”) makes available digital marketing services for publishing, bookselling, educator, and library communities and other professional readers. NetGalley provides centralized marketing, digital galleys (often called “advance reading copies”, "ARCs" or “DRCs”) as well as related Content, technology, services, and networking opportunities. NetGalley, LLC’s affiliated companies, NetGalley UK Limited and NetGalley France, may provide aspects of these services or related services pursuant to client agreements in the United Kingdom and France, respectively. Unless otherwise expressly provided, all provisions of these Terms of Use govern your access to and use of this Website (www.netgalley.com, www.netgalley.co.uk, www.netgalley.fr, www.netgalley.de, www.netgalley.jp or other website or services, as applicable, that link to these Terms of Use) including any Content, functionality, and services offered on or through the Website. These Terms of Use apply to any site visitors, including, but not limited to, NetGalley’s Authorized Members and Clients.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING “ACCEPT” OR “AGREE” TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

2. Privacy

Please visit our Privacy Policy which is incorporated into these Terms of Use and describes the types of information we may collect from you or that you may provide when you use the Website or other services that link to our Privacy Policy and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3. Definitions

As used in these Terms of Use, the terms listed below have the following meanings:

"Authorized Member" means a member who has registered, and filled in a profile page using the authorization mechanisms that are made available by NetGalley via the Website, to access Restricted Content in Secure Areas.

"Client” means a publisher, author, marketing/PR services company, distributor, or other client who/that has entered into a service agreement with NetGalley.

"Content" means Galleys, EBooks, marketing material, related catalog and text information, and any and all other text, pictures, sounds, video, or other data in any format made available via the Website.

"EBook" means a publication for distribution for reading purposes via an electronic format.

"Public Post Area" means a social-networking forum, blogging forum, chat area, bulletin board, email function, feedback section or other Public Area offered as a part of the Website where you may contribute Public Post Content for public and/or semi-public viewing and/or consumption.

"Public Post Content" means any text, links, data, photographs, software, music, sound, graphics, video, message tags and/or other material or Content that you or other members contribute to a Public Post Area.

"Galley" means any single version of a publication, including related metadata, distributed for media or member review, comment, editorial review, promotional, or other similar purposes including: advance reading copy, unbound galley, bound galley, uncorrected proof, review copy, desk copy, preview copy, digital preview, digital galley, or finished book adapted for use and display in connection with the Website. The term, "Galley" may include EBooks and post-publication content.

"Public Areas" means those portions of the Website that NetGalley makes available to the public without restriction and that may be accessed without the use of a password.

"Restricted Content" means the Content that has been made available to Members by accessing a Secure Area of the Website, or by approved access by Clients.

"Secure Area" means those portions of the Website that NetGalley makes available solely to Authorized Members for which access is controlled by login credentials.

"Submit", “submitted” and “submitting” (whether or not capitalized) means to transmit, post, upload, distribute, display, publicly perform, copy, and/or make derivative works.

"Unrestricted Content" means Content, made available on public portions of the Website.

"Use" means to copy, distribute, publicly perform, publicly display, make derivative works, edit or otherwise access or use.

4. Prohibited Use of this Website

NetGalley is committed to ensuring a safe and welcoming environment for all users of our Website. We expect all NetGalley users to abide by our Anti-Harassment & Hate Speech Policy in all activities that engage with other NetGalley users, including on ancillary digital platforms such as social media or review platforms, and any in-person social gatherings, such as at conferences or other events.

You may use the Website solely for lawful purposes and in compliance with these Terms of Use. You understand and agree that the Website and its features, functionality and technology are owned by NetGalley, its licensors, or other providers of such material and are protected by intellectual property or proprietary rights laws.

You may not access or use, or attempt to access or use, the Website to take any action that could harm NetGalley or any third party. You may not use the Website in violation of applicable laws (or any applicable regulations having the force of law) or in violation of NetGalley’s or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof.

You agree not to:

Engaging in a prohibited use of the Website may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. Minors

This Website is made available solely for adults eighteen (18) years of age or older. By using this Website, you represent and warrant that you are age eighteen (18) years or older and are able to form a binding contract with NetGalley. If you are under eighteen (18), please exit this Website immediately.

6. Authorized Members

6.1. Limited Use of the Restricted Content. If you are an Authorized Member, the following sections apply to you as well as the rest of the provisions in the Terms of Use. If you have been granted access to Restricted Content, you may use Restricted Content solely for your own internal purposes pursuant to the Terms of Use and any instructions, rules, or conditions provided to you by a Client. If you are accessing Secure Areas and/or using Restricted Content, you represent and warrant that you are authorized to do so by a Client and that you will comply with any instructions, rules, or conditions imposed by that Client as well as these Terms of Use. You understand and agree that your authorization to access any Restricted Content or Secure Areas may be revoked by NetGalley at any time if NetGalley receives instructions to do so by a Client or if you fail to comply with these Terms of Use.

6.2. Confidentiality of Restricted Content. You will employ best efforts to safeguard the Restricted Content and protect it from unauthorized use, exercising at least a reasonable degree of care. You will immediately notify NetGalley of any unauthorized use of the Restricted Content. Your obligations to keep confidential the Restricted Content will survive the termination or expiration of these Terms of Use and any other agreement under which you have been granted access to Restricted Content.

6.3. Member Accounts and Password Protection for Secure Areas. You may only register and use one NetGalley member account (i.e., only one NetGalley member account per individual is allowed). You may also not allow anyone else to use your member account, or use anyone else’s member account (i.e., only one user per NetGalley member account is allowed). Your right to access Secure Areas and to use Restricted Content is personal to you. You will not transfer, or make available to another, passwords and account identification provided to you or otherwise facilitate another's access to the Secure Areas or use of the Restricted Content. Any such transfer or facilitation may result in the immediate termination (at NetGalley's sole discretion) of your rights under the Terms of Use. If you believe your password has been disclosed to or is in use by another, you agree to immediately notify NetGalley.

6.4. Limited Liability Regarding Restricted Content. Clients (and not NetGalley) provide the Restricted Content that can be accessed through the Website. Clients shall be responsible for the content submitted to the site. NetGalley does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Restricted Content. You understand and agree that by accessing Secure Areas and/or using Restricted Content, you may be exposed to Restricted Content that may be offensive, indecent, or objectionable. NetGalley reserves the right to remove content and any title or other content item from the Website (or our other services) if such title, content file or other content: (i) is false, misleading or defamatory; (ii) is assessed by an independent third party expert to be harmful, threatening, or intimidating to any individual; (iii) contains hate speech or personal attacks against others; or (iv) violates another person's or entity's intellectual property rights, privacy rights, or other legal rights. Under no circumstances will NetGalley be liable in any way for any Restricted Content, including, but not limited to, any errors or omissions in any Restricted Content or any loss or damage of any kind incurred as a result of the use of any Restricted Content submitted via this Website.

6.5. Restricted Content Submissions. If you are an Authorized Member, the Website may provide means for you to submit material through Secure Areas of the Website. You will not submit material protected by copyright, trademark, trade secret, patent, or other proprietary right without the express permission of the holder of such intellectual property or proprietary right(s). You will be solely liable for any damage or other liability resulting from any improper submissions in violation of these Terms of Use. To the extent you submit and/or edit Restricted Content through a Secure Area or otherwise on, through or to the Website, you represent and warrant that you have the right to do so. Furthermore, by submitting or editing any Restricted Content or other content on or through the Website, you grant to NetGalley and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, display, distribute and disclose such Restricted Content in connection with providing services, such as when we provide services pursuant to an applicable written agreement with a Client (“Client Agreement”) . You also grant NetGalley and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, right to sublicense the foregoing rights in connection with providing services under an applicable Client Agreement. You will not submit material that: (i) constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; (ii) constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (iii) interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services.

7. Public Post Area and Public Communication

NetGalley may offer Public Post Areas as a way to facilitate your networking and socializing with others within the publishing field or sharing similar interests. You understand and agree that all Public Post Content you submit via the Public Post Area or otherwise to the Website is your sole responsibility. This means that you (and not NetGalley) have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any Public Post Content you submit to the Website will be considered non-confidential. NetGalley asserts no ownership rights over the Public Post Content you submit for inclusion on the Public Post Areas or elsewhere on the Website. However, by providing any Public Post Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that: (i) you own or control all rights in and to the Public Post Content you submit to the Website and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your Public Post Content does and will comply with these Terms of Use. You also agree not to exercise any moral rights you may have in your Public Post Content against NetGalley or against any of our affiliates or service providers.

NetGalley does not control the Public Post Content and, as such, does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Public Post Content. You understand and agree that by using the Public Post Areas or other places on this Website, you may be exposed to Public Post Content that is offensive, indecent, or objectionable. Under no circumstances will NetGalley be liable in any way for any Public Post Content submitted by you or any other user of the Website, including any errors or omissions in any Public Post Content or any loss or damage of any kind incurred as a result of the use of any Public Post Content submitted via this Website.

If you plan to post any book reviews, ratings or other similar feedback or content, please review our Review Guidelines.

8. Monitoring and Enforcement; Termination and Inactive Accounts

You acknowledge that NetGalley may or may not pre-screen Public Post Content, but that NetGalley will have the right in NetGalley's sole discretion to pre-screen, refuse, or move any Public Post Content that is available via the Website. Without limiting the foregoing, NetGalley may remove any Public Post Content that violates the Terms of Use or is otherwise objectionable in NetGalley's sole discretion. However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding submissions or other transmissions, communications, or content provided by any user or third party.

We also have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NETGALLEY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

If you stop using the Website without deleting your member account, your account may be deleted due to prolonged inactivity. We have a policy of automatically deleting accounts that have been inactive for three years.

9. Trademarks

The NetGalley name is a service mark of NetGalley. You must not use such mark or NetGalley’s logo without the prior written permission of NetGalley. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

10. NetGalley Copyright Policy

(For users of www.netgalley.de (NetGalley Germany) or copyright matters arising under the laws of Germany, please see the “Special NetGalley Germany Provision” below.)

NetGalley respects the intellectual property of others and requires that you do the same. In accordance with U.S. law and, in particular, the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, NetGalley has implemented procedures for receiving written notification of claimed copyright infringements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify our copyright agent, as set forth below. For your notice to be effective under the DMCA, you, as a complaining party, must provide all of the following information in writing to our copyright agent:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Website.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request to be removed or access to which be disabled, and information reasonably sufficient to permit NetGalley to locate the material.

(iv) Information reasonably sufficient to permit NetGalley to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

(v) 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.

(vi) 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.

Please submit your notice to NetGalley’s copyright agent:

Copyright Compliance Department
NetGalley LLC
44 Merrimac Street
Newburyport, MA 01950
Phone: 978-465-7755
Email: copyright@firebrandtech.com

Please note that this procedure is exclusively for notifying NetGalley that your copyrighted material has been infringed. The preceding requirements are intended to comply with NetGalley's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. Please submit any counter-notice in writing to NetGalley’s copyright agent listed above.

In accordance with the DMCA and other applicable law, NetGalley has adopted a policy of terminating, in appropriate circumstances and at NetGalley's sole discretion, users who are deemed to be repeat infringers. NetGalley may also at its sole discretion limit access to the Website and/or terminate the accounts or profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Special NetGalley Germany Provision:

This Special NetGalley Germany Provision applies to users of www.netgalley.de (NetGalley Germany) and copyright matters arising under the laws of Germany. The content and works provided by NetGalley on the Website are subject to German copyright law. The rights of the author specified in §§ 15 ff. UrhG (German Copyright Act) and any kind of utilization outside the limits of German copyright law require the written consent of the respective author or creator. The unauthorized use of protected works or services, whether through duplication, distribution, public reproduction or any other use, constitutes copyright infringement and may have consequences under criminal and civil law. These may take the form of a claim for injunctive relief and damages according to § 97 UrhG. Furthermore, the author is entitled to demand the destruction of all unlawfully produced or distributed copies or all copies intended for unlawful distribution. § 69f UrhG. § Section 98 (3) and (4) apply accordingly.

11. Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to link from your own or certain third-party websites to the Website or certain content on this Website or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

12. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. General Legal

13.1. Disclaimer of Warranties. Your use and browsing of this Website are at your own risk. Except as otherwise provided above, everything on this Website is provided on an "AS IS" and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, NetGalley makes no warranties that the Website will be error-free or uninterrupted, that defects will be corrected, or that this Website, or its server are or will be free of viruses or other harmful components. NetGalley makes no warranties or representations regarding the use or results of the use of the Content on this Website. The foregoing disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.

13.2. Indemnification. You agree to defend, indemnify, and hold harmless NetGalley, its affiliates, licensors, and service providers, and its and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your access or use of the Website; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including, but not limited to, any copyright, trademark, trade secret, or privacy right; or (iv) your use of any information obtained from the Website.

13.3. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NETGALLEY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF NETGALLEY OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NETGALLEY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR FOR THE APPLICABLE SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.4. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts, United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, in each case located in Boston, Massachusetts, United States although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.5. Severability and Waiver. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. No waiver by NetGalley of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NetGalley to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13.6. Assignment. Subject to any terms to the contrary in an applicable Client Agreement with you, you may not assign or transfer any of your rights (including any licenses granted to you) or obligations under these Terms of Use without our consent. Any attempted transfer or assignment by you will be void and ineffective. We may freely assign these Terms of Use, unless otherwise provided in an applicable Client Agreement.

14. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” provision above will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Us

If you have comments or questions, please contact NetGalley via the Knowledge Base and include the words "Terms of Use" in the subject line of your email.

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