Terms & Conditions 2013
The Reading Room™ ("TheReadingRoom.com") is owned and operated by BdB Soti Pty Ltd Limited (ACN 127 584 098). 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 in TheReadingRoom.com known collectively as "Terms & Conditions". Your access to, and use of, TheReadingRoom.com constitutes your agreement to the Terms & Conditions. TheReadingRoom.com reserves the right to amend the Terms & Conditions at any time. Since you are bound by these Terms & Conditions, you should periodically refer to them in this document and elsewhere in TheReadingRoom.com.
TheReadingRoom.com 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 personalised recommendations based on your rating of books on your bookshelf; 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 noticeboard; participate in 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, TheReadingRoom.com reserves an absolute discretion in relation to the provision its services. We may add or remove in whole or part the TheReadingRoom.com from time to time as it considers reasonably necessary having regard to the cost of supply, usage, perceived user satisfaction or dissatisfaction and/or our business strategy. TheReadingRoom.com also reserves the right to introduce charges for some or all of its services on reasonable notice to members.
To become a member of TheReadingRoom.com, you must first register on the site. At sign-up, you will be prompted for information such as your e-mail address, password, country, state and postcode.
By becoming a member of TheReadingRoom.com 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 the communications received.
TheReadingRooom.com 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 provide any personal information 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 TheReadingRoom.com. 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.
Intellectual property and restrictions on use of content
All information and material on TheReadingRoom.com including, without limitation, all text, graphics, video, audio, animation, software, advertisements ("Content") are Copyright © 2009, 2010, 2011, 2012, 2013 to TheReadingRoom.com, its suppliers and/or licensors unless expressly indicated otherwise on TheReadingRoom.com. The Content is protected by US, Australian and international copyright and trademark laws. Content on TheReadingRoom.com 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 TheReadingRoom.com or expressly authorised in writing by TheReadingRoom.com. Strictly on the condition that you keep all Content intact and in the same form as presented on TheReadingRoom.com (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 TheReadingRoom.com in any manner or for any purpose, which is unlawful or in any manner which violates any right of TheReadingRoom.com which is prohibited by the Terms & Conditions.
Copyright in bibliographic data and cover images is held by BDB Soti Pty Ltd, 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
User licence to TheReadingRoom.com
By placing any information or other material on TheReadingRoom.com (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to TheReadingRoom.com 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 favour of TheReadingRoom.com and any other party authorised by TheReadingRoom.com 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 TheReadingRoom.com, you will execute and deliver to TheReadingRoom.com such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
TheReadingRoom.com 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 TheReadingRoom.com and TheReadingRoom.com is not responsible for the contents of any linked website or any hyperlink contained in a linked website. TheReadingRoom.com 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 TheReadingRoom.com or its affiliates. Linking to any such website from TheReadingRoom.com is entirely at your own risk.
TheReadingRoom.com also contains third party advertisements (including information about 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 are not recommendations or endorsements by TheReadingRoom.com or their 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 TheReadingRoom.com, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Your use of the Service is subject to these, TheReadingRoom.com Terms & Conditions.
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 TheReadingRoom.com of goods or services on TheReadingRoom.com which cannot be excluded, restricted or modified ("Non-excludable Rights"). TheReadingRoom.com does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
i) All Content is provided without warranties of any kind, either express or implied,
ii) TheReadingRoom.com 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,
iii) Without limiting the foregoing, TheReadingRoom.com does not warrant that the functions contained in any Content or any User Generated Content or your access to TheReadingRoom.com will be uninterrupted or error-free, that any defects will be corrected or that TheReadingRoom.com or the server which stores and transmits Content to you are free of viruses or any other harmful components
iv) TheReadingRoom.com does not warrant or make any representation regarding your access to, or the results of your access to, TheReadingRoom.com (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
v) you (and not TheReadingRoom.com) 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 TheReadingRoom.com) will TheReadingRoom.com 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 TheReadingRoom.com, any use or access of, or any inability to use or access, TheReadingRoom.com or any Content. You expressly acknowledge and agree that TheReadingRoom.com does not exert control over users of TheReadingRoom.com (including individuals referred to on TheReadingRoom.com 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 Terms & Conditions are effective until terminated by TheReadingRoom.com, and TheReadingRoom.com may terminate this agreement and your access to TheReadingRoom.com 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;
- TheReadingRoom.com may terminate this agreement on 90 days notice if it decides to cease to provide the services of an online bookclub. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
User Generated Content
TheReadingRoom.com contains electronic bulletin boards, forums, blogs, comments, tags and other services which provide for feedback by users to TheReadingRoom.com, real-time interaction between users (including individuals referred to as guests, members, administrators and users) and other electronic messaging and notice services ("User Generated Content ").
It is a condition of your use of TheReadingRoom.com that:
(a) all User Generated Content generated by you or using your membership account complies with the Acceptable Use Policy.
(b) you acknowledge and agree that:
(A) TheReadingRoom.com does not monitor or Moderate User Generated content although it may view or remove content the subject of complaint;
(B) the comments or opinions contained in the User Generated Content are not the comments or opinions of TheReadingRoom.com, and
(C) TheReadingRoom.com accepts no liability in relation to material posted including its content or accuracy.
(D) All communications posted on TheReadingRoom.com are or may be communicated to the public.
Acceptable Use Policy
In using TheReadingRoom.com 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; or
(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; 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; and
(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.
TheReadingRoom.com 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 Terms & Conditions.
(b) terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these Terms & Conditions.
(c) TheReadingRoom.com 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 TheReadingRoom.com. 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.
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 (unless User has a business relationship with B&T) 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.
Your purchased Digital Content will be stored in, or accessible from, Your content library at the Online Retail Store. You can access Your content library by signing into Your Online Retail Store account. You may also transfer the Digital Content from Your content library to no more than a total of five (5) other electronic devices that You own. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.
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.
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 TO 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 advised 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 advised 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 MILLENNIUM 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