Welcome to TheReadingRoom.com. bookstr Inc. and its affiliates ("TRR") provide website features and other products and services to you when you visit TheReadingRoom.com or use our products and services on mobile devices, tablets or other platforms and applications. Access to TheReadingRoom.com is conditional upon your acceptance and compliance with the terms and conditions, notices and disclaimers contained in this document and elsewhere known collectively as, "Terms & Conditions" ("T&C"). Your access to, and use of, our site and services constitutes your agreement to the T&C. TRR reserves the right to amend the T&C at any time. Since you are bound by these T&C, you should periodically refer to them in this document and elsewhere in TRR.
TRR has implemented a membership system, which offers a more relevant, and therefore rewarding experience ("Membership"). To become a member and obtain the full benefits of Membership, you can register your details with us and log in as a member each time you visit the site. The benefits of Membership include personalized recommendations; your ability to set your profile to be made public or private on the site; the ability to create a community of friends; receive private messages; access your personal notifications; participate in a range of forums and blogs and create reading groups; as well as access a variety of interactive tools and services. Also, to keep you up to date with what's happening on the site, we'll send you member-only offers and regular updates of our products and services. However, TRR reserves an absolute discretion in relation to the provision its services. We may add or remove products or services, in whole or part, as TRR considers reasonably necessary having regard to the cost of supply, usage, perceived user satisfaction or dissatisfaction and/or our business strategy. TRR also reserves the right to introduce charges for some or all of its services on reasonable notice to members.
To become a member of TRR, you must first register on the site. At sign-up, you will be prompted for information such as your email address, password, country, state and postcode.
By becoming a member of TRR you agree to be subscribed to its email communications including notifications, newsletters and promotional emails that will be sent ongoing, periodically. You are able to control your email settings in your account section of the website or directly through each communication where you can unsubscribe directly. You are able to reduce the frequency or unsubscribe to all or part of the communications received.
TRR does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under the age of 13, please do not post any personal information on the site such as your name, address, email address, telephone number, as persons under the age of 13 are not allowed to provide any personal information to or on TRR. In the event that we learn or become aware that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete the information as soon as possible. If you believe that we might have any information from or about a child under 13, without parental consent, then please contact us immediately.
3. Intellectual property and restrictions on use of content
The Reading Room® is a registered trademark of bookstr Inc. TheReadingRoom.com is copyright 2016 bookstr Inc. All rights reserved.
All information and material on TRR including, without limitation, all text, graphics, video, audio, animation, software, advertisements ("Content") are Copyright © TRR 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 its suppliers and/or licensors unless expressly indicated otherwise on TRR. The Content is protected by US, Australian and international copyright and trademark laws. Content on TRR is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on TRR or expressly authorized in writing by TRR. Strictly on the condition that you keep all Content intact and in the same form as presented on TRR (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- Download and view the Content for your personal, non-commercial use using an industry-standard Web browser,
- If you are an Internet service and/or access provider, supply the Content to your subscriber or customer. You must not use TRR in any manner or for any purpose, which is unlawful or in any manner which violates any right of TRR which is prohibited by the T&C.
Copyright in bibliographic data and cover images is held by Reading Room Inc, Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
News stories, information and/or photos and graphics in The New York Times Book Reviews & Bestsellers must not be sold, reproduced, published, broadcast via radio or television or redistributed in any medium, directly or indirectly, in whole or in part, for any commercial or non-commercial purpose or used for advertising or used for any other purpose other than your non-commercial personal use. The New York Times Syndication Sales Corp. is not liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof of The New York Times Book Reviews & Bestsellers or for any damage arising from any of the foregoing
News stories, information and/or photos and graphics in The Guardian Book Reviews must not be sold, reproduced, published, broadcast via radio or television or redistributed in any medium, directly or indirectly, in whole or in part, for any commercial or non-commercial purpose or used for advertising or used for any other purpose other than your non-commercial personal use. Please ensure that you read the complete terms and conditions at http://www.guardian.co.uk/help/terms-of-service
4. User licence to TRR
By placing any information or other material on TRR?s sites or employing its services (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to TRR a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
- Reproduce it, publish it, perform it in public, communicate it to the public, make an adaptation of it, reproduce, publish, perform in public, communicate to the public and/or make and adaptation of the adaption;
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of TRR and any other party authorized by TRR all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of TRR, you will execute and deliver to TRR such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
TRR contains and/or provides advertising, links to third party websites and e-commerce offers as well as hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of TRR and TRR is not responsible for the contents of any linked website or any hyperlink contained in a linked website. TRR provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by TRR or its affiliates. Linking to any such website from TRR is entirely at your own risk.
TRR also contains third party advertisements (including information about books and authors, new releases, banner ads and full page advertisements, and community service announcements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third-party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers, and such advertisements are not recommendations or endorsements by TRR or its respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by a third-party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by TRR, and the third-party advertiser is solely responsible to you for the delivery of any goods or services you purchase on its website.
5. Disclaimer and limitation of liability
The Trade Practices Act and similar state and territory Legislation in Australia or other countries of the world may confer rights and remedies on you in relation to the provision by TRR of goods or services on TRR which cannot be excluded, restricted or modified ("Non-excludable Rights"). TRR does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
6. Except as provided for by the Non-excludable Rights:
i) All Content is provided without warranties of any kind, either express or implied,
TRR and its suppliers expressly disclaim all warranties of every kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
Without limiting the foregoing, TRR does not warrant that the functions contained in any Content or any User Generated Content or your access to TRR will be uninterrupted or error-free, that any defects will be corrected or that TRR or the server which stores and transmits Content to you are free of viruses or any other harmful components,
TRR does not warrant or make any representation regarding your access to, or the results of your access to, TRR (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
you (and not TRR) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including, but not limited to, any act or omission on the part of TRR) will TRR be liable (in contract, negligence or any other legal basis) for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which arises from or in relation to your relationship with us, including, without limitation, your Membership, any information you obtain from or on recommendation from the TRR, any use or access of, or any inability to use or access, TRR or any Content. You expressly acknowledge and agree that TRR does not exert control over users of TRR (including individuals referred to on TRR as guests, members, users or friends) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
The T&C are effective until terminated by TRR, and TRR may terminate this agreement and your access to TRR at any time without notice:
- if it reasonably suspects that you have breached these Terms and Conditions;
- in order to satisfy legal, technical or regulatory requirements; and/or
- TRR may terminate this agreement on 90 days? notice if it decides to cease to provide some or all of the TRR services.
8. User Generated Content
TRR contains forums, blogs, comments, reviews, posts, tags and other services which provide for feedback by users to TRR, real-time interaction between users (including individuals referred to as guests, members, administrators and users) and other electronic messaging and notice services such as reviews, posts, comments and other forms of communication ("User Generated Content ").
You are solely responsible for the User Generated Content you create, upload, publish, display, link to or otherwise make available (hereinafter, "post") on the TRR or any of its other content and social media channels, including, but not limited to, Facebook, Twitter, Tumblr, Wordpress, Google+, Youtube, and Pinterest. With respect to User Generated Content, TRR is an Internet service provider exempt from liability under Section 230 of the U.S. Communications Decency Act.
It is a condition of your use of TRR that any User Generated Content contributed by you does not:
a. create any risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
b. create a risk of any other loss or damage to any person or property;
c. seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
d. constitute or contribute to a crime or tort;
e. contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
f. contain any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party?s trade secrets);
g. contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; and/or
h. contain any information or content that you know is not correct and current.
You acknowledge and agree that:
(a) all User Generated Content generated by you or using your membership account complies with the Acceptable Use Policy;
(b) TRR does not monitor or Moderate User Generated content although it may view or remove content the subject of complaint;
(c) the comments or opinions contained in the User Generated Content are not the comments or opinions of TRR;
(d) TRR accepts no liability in relation to material posted including its content or accuracy; and
(e) All communications posted on TRR are or may be communicated to the public.
9. Acceptable Use Policy
In using TRR you must not:
(a) restrict or inhibit any other user from using or enjoying any part of the site;
(b) post or transmit any material:
(i) which is (or could reasonably be expected to be) unlawful, abusive, defamatory, obscene, threatening, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a virus or other harmful component;
(v) in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
(vi) which is an invasion of any privacy or duty of confidentiality; and/or
(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability.
(c) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
(d) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
(e) You agree that any UGC that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your UGC contains music, you hereby represent that you are the owner of all the copyright rights, including, without limitation, the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.
We reserve the right, but are not obligated, to reject and/or remove any UGC we believe, in our sole discretion, violates these provisions. You understand that publishing your UGC on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer?s Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
We take no responsibility and assume no liability for any UGC that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any UGC that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.
We are not responsible for any public display or misuse of your UGC. You understand and acknowledge that you may be exposed to UGC that is inaccurate, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege to incur as a result of such UGC. We may provide tools for you to remove some UGC, but does not guarantee that all or any UGC will be removable.
By posting any UGC on our service, you expressly grant, and you represent and warrant that you have a right to grant, to TRR a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such UGC and your name, voice, and/or likeness as contained in your UGC, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of us.
Subject to the Terms and Conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. We reserve all rights not expressly granted herein in the Service and TRR Content. We may terminate this license at any time for any reason or no reason.
10. User Generated Video
TRR accepts video submissions from Members and users (hereinafter referred to as the Submitter) and retains the right to publish or not publish any original video content sent to the company. TRR has the right to edit video submissions for content and length, and remove any part of the video. A video submission must be the sole work of the Member or User, and where it is not the submitter will be responsible for all clearance of any image, voice over or other part of the work that may be governed by copyright. It must not contain any inappropriate content as outlined in TRR’s Terms and Conditions and in particular User Generated Content section (8).
11. TRR's Rights
TRR may in its sole discretion:
(a) remove any content including User Generated Content that contravenes the Acceptable Use Policy, is in any way objectionable or in violation of any applicable law or the T&C.
(b) terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these T&C.
(c) TRR may in its sole discretion limit the number of titles able to be added to bookshelves. The current limit is 5000 but this may be changed at any time at the discretion of TRR. Members wishing to add more than 5000 titles to their bookshelf must first contact firstname.lastname@example.org.
(d) report suspected criminal activity to and cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
12. Notice and Procedure for Making Claims of Copyright Infringement
You may not use the TRR site for any purpose or in any manner that infringes the rights of any third party. TRR encourages you to report any content on the site that you believe infringes your rights. Only the owner of the intellectual property or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the U.S. Digital Millennium Copyright Act of 1998 (the "DMCA"), TRR has a designated agent for receiving notices of copyright infringement and TRR follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TRR's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright 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 information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party;
(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.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We reserve the right to terminate the accounts of users whom we deem in our sole discretion to be infringers.
TRR will endeavor to provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party?s intellectual property rights.
TRR's copyright agent for notice of claims of copyright infringement on or regarding the site can be reached as follows:bookstr Inc.
P.O. Box 2019
350 Canal Street
New York, NY 10013
Phone: (212) 463 1029
E-mail: email@example.comCourier address:
48 Wall Street, 5th Floor,
New York, NY 10005
The TRR site may contain or offer contests, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the contest, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable contest, sweepstakes or promotion.
14. Third Party Links and Content
There may be links from the TRR site, or communications you receive from the site, including, without limitation, from advertisers or sponsors, to third party web sites or our site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the site and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
15. Linking Policy
TRR grants you the revocable permission to link to the site; provided, however, that your web site, or any third party web sites that link to the site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the site without TRR?s express written consent; (b) must not imply that TRR or the site is endorsing or sponsoring it or its products, unless TRR has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in TRR's sole opinion, harm TRR or its products or services; (d) must not use any TRR trademarks without the prior written permission from TRR; (e) must not contain content that in TRR?S sole opinion could be construed as distasteful, offensive or controversial or otherwise objectionable; and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these T&C. By linking to the site, you agree that you are now and will continue to be in compliance with TRR?s linking requirements.
Notwithstanding anything to the contrary contained in these T&C, TRR reserves the right to prohibit linking to the site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
16. No Unsolicted Manuscripts
While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TRR does not accept unsolicited manuscripts or story ideas sent to it through its site, and takes no responsibility for any manuscript or ideas so transmitted.
17. Disclaimer Of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRR AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE "TRR PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE WIDGETS AND OTHER DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO TRR OR VIA THE SITE. IN ADDITION, THE TRR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE TRR PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TRR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE TRR PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TRR PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE T&C.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
18. Disclaimers/Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT TRR LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES WILL TRR BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE WIDGETS AND OTHER DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TRR OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; AND/OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF TRR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE. IN NO EVENT WILL TRR BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL TRR?S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED U.S. $10.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TRR'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY TRR, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY TRR.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold TRR harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements and expenses, including attorneys' costs and fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the site or activities in connection with the site; (c) your breach or anticipatory breach of these T&C; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; and/or (g) TRR's use of your information. You will cooperate as fully required by TR in the defence of any claim. Notwithstanding the foregoing, TRR retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that are brought against it under the terms and provisions of this Section. Further, TRR reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of TRR.
Hold Harmless of Service Provider
A third-party service provider (the 'Service Provider') may provide the technology and hosting for aspects of this site. Anything in the foregoing to the contrary not withstanding, by participating on this site you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this site and participation with this site. As such, the Service Provider is a third-party beneficiary to your agreement with these T&C.
20. Term and Termination
TRR reserves the right to terminate your access to and use of the site in its sole discretion, without notice and liability, including, without limitation, if TRR believes your conduct fails to conform with these T&C. TRR also reserves the right to investigate suspected violations of these T&C and any violation, or potential violation, of these T&C may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from TRR, all rights granted to you under these T&C will cease immediately, and you agree that you will: (a) immediately discontinue use of the site; and (b) destroy all materials obtained from the site and all related documentation.
21. Location Of Site and Territorial Restrictions
The site is intended for U.S. residents only. The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TRR to any registration requirement within such jurisdiction or country. TRR controls and operates the site from offices located in the State of New York, United States of America and makes no representations or warranties that the information, products or services contained on the site are appropriate for use or access in any location outside of the United States. Anyone using or accessing the site from other locations does so on their own initiative and are responsible for compliance with United States, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the site and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Special Provisions Applicable to Users Outside the United States: We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. If you use the site and reside out outside the United States, by using the site you consent to having your personal data transferred to and processed in the United States.
Software related to or made available by this site may be subject to United States export controls. Thus, no software from the site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
22. GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
THESE T&C AND THE INTERPRETATION OF THESE T&C WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE T&C SHALL BE IN THE APPLICABLE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE APPLICABLE FEDERAL AND STATE COURTS LOCATED IN NEW YORK, NY FOR ANY SUCH LEGAL PROCEEDING. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR ELSE YOU AGREE YOU HAVE WAIVED ANY SUCH CLAIM.
23. Arbitration; Waiver Of Class Actions
By your use of the Site, you agree that any dispute or claim arising out of or in connection with any provision of this T&C or your use of the Site will be finally settled by binding arbitration in New York, NY in accordance with the rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this paragraph, without breach of this arbitration provision. Any claim or dispute between the parties shall be brought in a party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
The failure of TRR to act with respect to a breach of these T&C by you or others does not constitute a waiver and will not limit TRR's rights with respect to such breach or any subsequent breaches. No waiver by TRR of any of these T&C will be of any force or effect unless made in writing and signed by a duly authorized office of T&C. Neither the course of conduct between the parties nor trade practice will act to modify these T&C. TRR may assign its rights and duties under these T&C to any party at any time without any notice to you.
If any provision of these T&C is found to be unenforceable for any reason, then that provision will be deemed severable from these T&C and will not affect the validity and enforceability of any remaining provisions. TRR reserves the right to modify or add to these T&C at any time without prior notice ("Updated T&C"). You agree that we may notify you of the Updated T&C by posting it on this site so that it is accessible via a link on the home page, and that your use of the site after we have posted the Updated T&C (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated T&C. Therefore, you should review this T&C before using the site. The Updated T&C will be effective as of the time of posting, or such later date as may be specified in the Updated T&C, and will apply to your use of the site from that point forward.
Ebook End User License Agreement
"Content" means the content available for purchase/download at the Online Retail Store, including Digital Content.
"Digital Content" means digital Content, such as eBooks, digital magazines, digital newspapers, digital journals and other periodicals, applications (including applications developed by Retailer or third parties), and other digital Content as determined by Retailer from time to time from and available for purchase/download through the Online Retail Store.
"Online Retail Store" means those parts of the Retailer's website (www.thereadingroom.com) through which a User can shop for Product and Digital Content or other Content offered by Retailer or third parties.
"Software" means any and all software and information available for use in relation to the purchase/download of any Product or the use of any Content or Digital Content on the Online Retail Store, and the digital rights management included with any Digital Content.
2. Licenses and Restrictions
Retailer grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Online Retail Store.
Unless otherwise expressly agreed by Retailer in writing, a User may not:
- modify, download (other than page caching, or with respect to Digital Content as set out in Section 13 below), reproduce, copy, or resell the Online Retail Store, the Product, Content or any portion or derivative thereof;
- commercially use the Online Retail Store, the Product, the Content, or any portion or derivative thereof;
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Online Retail Store or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Online Retail Store or its systems, the Content, the Product or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the Online Retail Store;
- bypass any Retailer measures used to prevent or restrict access to any portion of the Online Retail Store, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Retailer;
- use Retailer's name, trademarks, services marks or logos in any meta tags or any other "hidden text";
- compile, repackage, disseminate or otherwise use data extracted from the Online Retail Store;
- attempt to gain unauthorized access to any portion or feature of the Online Retail Store, or any other systems or networks connected to the Online Retail Store or to any Retailer server, or to any of the services offered on or through the Online Retail Store, by hacking, password "mining" or any other illegitimate means;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Retailer on or through the Online Retail Store or any service offered on or through the Online Retail Store;
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; or
Any unauthorized use of the Online Retail Store, the Content, the Product or any portion or derivative thereof shall terminate any license or permission granted by Retailer.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Marks"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Marks, contained on the Online Retail Store is owned, controlled or licensed by or to Retailer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All rights not expressly granted to User or to another third party are reserved to Retailer. The Marks of Retailer and any entity providing Content or Product to Retailer ("Retailer Providers") may not be used without prior written consent of Retailer or Retailer Providers, as the case may be.
User acknowledges that the Online Retail Store contains Content, including Digital Content, as that term is defined herein, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Retailer owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Online Retail Store. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, including Digital Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first become a member of the Online Retail Store and provide all information requested for the purposes of becoming a member, including valid credit card information and the User's billing address to Retailer as stated in Section 5. User's license to download and make personal, non-commercial use of the Content is a non-exclusive, revocable license solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of this Agreement, as amended from time to time.
As a User, you may become a member of the Online Retail Store. Content is restricted to purchase by residents of particular territories and you must reside in a permitted territory to purchase Content, as verified by User's credit card having a billing address within the permitted territory. By becoming a member of the Online Retail Store, You represent and warrant to Retailer that you reside in the country nominated in your application for membership and that You are capable of entering a contract under the laws in effect in that country.
Retailer reserves the right to modify or discontinue the offering of any Digital Content at any time. If certain Digital Content becomes unavailable prior to download but after purchase, a User's sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from a User's content library, if for example the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to a User's device[s] will not be affected.
Without prior express written consent of Retailer and/or Retailer Providers, a User may not (i) modify, alter, duplicate, reproduce, copy, disseminate, distribute copies of, disassemble, reverse engineer, emulate, decompile, tamper with, prepare derivative works based on, or commingle with other third party content, other Software, or Digital Content, including any digital rights management features and software; (ii) create derivative works from or of the Content, or Products; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Content, the Product or any portion thereof, including but not limited to any metadata associated with the Digital Content; (v) rent, loan, sell, lease, license, sublicense, transfer, transmit, network, forward, reproduce, display, distribute, publish, or otherwise make any of the Content or Product available to any third party; or (vi) post the Content or Product to Usenet, or any third party website, or provide the Content or Product to others by any other means, such as an intranet system, a public or private hosting service, peer-to-peer sharing, or RSS feeds.
Unless expressly stated in writing by Retailer otherwise, Retailer is a distributor and not a publisher of Content, including Digital Content. Retailer has no editorial control over such Content. Retailer is not obligated to review Content, including Digital Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content, expressed or made available by third parties are those of the respective authors or distributors and not of Retailer, unless expressly stated otherwise. Retailer does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. Under no circumstance shall Retailer be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Online Retail Store. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinions, advice, or Content, including Digital Content, available through the Online Retail Store.
5. Sales Terms
Prior to the purchase of any Product or Content on our Online Retail Store, a User must provide Retailer with a valid credit card number and associated payment information including all of the following: (i) User's name as it appears on the card, (ii) User's credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to Retailer, User hereby agrees that User authorizes Retailer to charge User's card at Retailer's convenience but within thirty (30) days of credit card authorization. Retailer may require additional credit verification or information before accepting any order.
User is responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, value-added, or other applicable taxes.
Your receipt of an order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of Retailer's offer to sell. Retailer reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Retailer further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any Product or Content. If an order consists of multiple tangible or hard copy items, they may be shipped separately depending on availability. Your order will be deemed accepted upon transmittal or shipment of the Product or Content.
Products and Content and may be purchased while supplies last. The items offered for sale on the Online Retail Store contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Retailer does not represent or warrant that the description of the items offered for sale on the Online Retail Store are accurate or complete. If You purchase an item from Retailer that is not as described on the Online Retail Store, Your sole and exclusive remedy is to return such item for a refund pursuant to the returns policy stated herein.
Limited-time special offers, promotional discounts off recommended retail prices, and all other special offers and promotions are only available while supplies last, and are only applicable to titles as displayed; and are at the discretion of the Retailer.
Discounts or promotions on New York Times bestsellers are applicable to print versions only of selected titles displayed and subject to appearing on the New York Times Bestseller?s lists as published on TRR at the time or date of purchase. Titles that may appear on the New York Times Bestseller lists which are not displayed on TRR are not eligible unless they are explicitly displayed on the site and included in the New York Times Bestseller lists that are displayed on TRR.
If a title offering a special price or discount has been placed in the Shopping Cart, and the shopping cart expires the title may no longer be eligible for the discount if the title is no longer displayed on TRR and specifically on the New York Times Bestsellers lists as displayed on the ReadingRoom.com. Back orders will not be accepted.
Promotional discounts are only available while supplies last. TRR reserves the right to limit the number of any one title being purchased but in any case no more than three copies of a title in total can be purchased by a member of TRR.
Promotional discounts are non-transferable; not for resale, and not redeemable for cash.
Promotional discounts are good only for specific products featured.
If you return a product purchased using a promotional discount, your refund will equal the amount you paid for the product, subject to applicable refund policies.
With the exception of Digital Content, the risk of loss and title for all Product purchased via the Online Retail Store pass to the User upon delivery of the item to the carrier.
The price for an item on the Online Retail Store may differ from the price shown in a User's shopping cart - it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Online Retail Store. If the price for the item on the Online Retail Store is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Retailer, Retailer may either (i) contact the User for instructions before shipping or downloading the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship or download the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped or downloaded by Retailer. Any purchases of Product and/or Content or from any third-party sellers on the Online Retail Store may be subject to different policies in the event of an incorrectly priced item.
7. Age Of Users
Retailer's products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Online Retail Store or Retailer websites without the supervision of a parent or legal guardian. Furthermore, Retailer does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information online. Should Retailer learn that someone under the age of 13 has provided any personal information to or on the Online Retail Store or any Retailer website, Retailer will remove that information as soon as possible.
8. Right Of Terminate Users
9. Passwords and Account Security
In order to purchase and download Product and Content, including Digital Content, you must enter your ID and password to authenticate your account. Every User that has an account on the Online Retail Store is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Online Retail Store account using an old e-mail address, such User will not receive messages from Retailer about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's Online Retail Store account or within the Retailer Interactive Services.
User consents to receive electronic communications from Retailer, whether addressed to the e-mail address associated with such User's Online Retail Store account or posted on the Online Retail Store. User acknowledges and agrees that any communication via e-mail or by postings on the Online Retail Store satisfies any legal requirement that such communications be made in writing.
12. Disclaimers and Limitation Of Liability
Retailer is not responsible for and makes no warranties, express or implied, as to any Content or Product appearing on or accessed through the Online Retail Store, including without limitation, any Digital Content or the accuracy and reliability of the Product or Content including Digital Content posted on or sold through the Online Retail Store, whether caused by Users of the Online Retail Store or by any of the equipment or programming associated with or utilized in the Online Retail Store. Content and Product, including Digital Content does not necessarily reflect the opinions or policies of Retailer or Retailer Providers.
Retailer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Retailer is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Online Retail Store.
Under no circumstances shall Retailer be responsible for any loss or damage, including personal injury or death, resulting from use of the Online Retail Store, from any Product or Content, including Digital Content posted on or through the Online Retail Store.
The Online Retail Store, the Product, and all Content are provided by Retailer and Retailer Providers on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Retailer Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Retailer nor any Retailer Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Online Retail Store, or the information, Product, Content, including Digital Content and materials or products included thereon; (ii) that the Online Retail Store will be uninterrupted or error-free; (iii) as to the accuracy, completeness, reliability, or currentness of, or the results to be obtained from, any information, Product, Content, including Digital Content service, or merchandise provided through the Online Retail Store; (iv) as to the non-infringement of any third party rights of the Online Retail Store, the Product, or the Content; or (v) that the Online Retail Store, its servers, Content, including Digital Content or e-mails sent from or on behalf of Retailer are free of viruses, scripts, trojan horses, worms or other harmful components. Any material or data obtained through the use of the Online Retail Store, the Product, and/or the Content is at Your own discretion and risk and User understands that it will be solely responsible for any resulting damage to its computer system or loss of data.
With respect to Product or Content related to the medical field, User acknowledges that medicine is an ever-changing science. As new research and clinical experience broaden knowledge in the field, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither Retailer nor Retailer Providers warrant that the information contained in the Product or the Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Users are encouraged to confirm the information obtained in the Product and the Content with other sources. For example, and in particular, Users are advized to check the product information sheet provided in the package of each drug they plan to administer to be certain that the information contained in the Product and/or Content is accurate and that changes have not been made in the recommended dose or in the contraindications for administration. This recommendation is particularly important in connection with new or infrequently used drugs. Neither Retailer nor Retailer Providers shall be liable to any User or to anyone else for any inaccuracy, delay, interruption of service, error or omission, regardless of cause, or from any damages resulting therefrom.
Retailer does not guarantee the continuous, uninterrupted or secure access to the Online Retail Store, or any related services. The operation of the Online Retail Store may be interfered with by numerous factors outside the control of Retailer.
Under no circumstances shall Retailer or any Retailer Provider be liable for any damages that result from the use of or inability to use the Online Retail Store, including but not limited to reliance by a User on any information obtained from the Online Retail Store or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Retailer's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Product and Content, including Digital Content, merchandise, and services available through the Online Retail Store.
Neither Retailer nor any Retailer Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Online Retail Store or the purchase or download of any Product or Content, including Digital Content, or product therefrom, even if Retailer or any Retailer Provider have been advized of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
13. U.S. Government Rights
User agrees that by installing, copying, or otherwise using the Software and the Online Retail Store that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Software or the Online Retail Store for any illegal purpose. Because the Software, the Online Retail Store, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Software or any Content, including Digital Content unless User has complied with all applicable U.S. export controls.
The Content, Products, and Software are "commercial items," "commercial computer software" and "commercial computer software documentation" as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.
16. Applicable Law; Jurisdiction
Each of Retailer and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York, United States and waives any objection to the laying of venue of any litigation in said courts.
17. Dispute Resolution
Alternatively, at Retailer's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for Your interactions with other Users. Retailer reserves the right, but has no obligation, to become involved in any way with disputes between You and other Users.
18. Digital Millenium Copyright Act.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Retailer, including Digital Content infringe your copyright, you (or your agent) may send Retailer a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a 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 located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Retailer to locate the material on the Online Retail Store; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Retailer a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to the contact email address posted on the Website. Retailer suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
20. Additional Terms And Conditions
21. Entire Agreement