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This Web Site and its contents, unless otherwise indicated, are the property of Simon & Schuster, Inc., Simon & Schuster Digital, and/or its subsidiaries or affiliates (collectively "S&S") and are protected, without limitation, by U.S. and foreign copyright and trademark laws.
By accessing or using this Site, you agree to the terms set forth in these Terms of Use which constitute an agreement between you and S&S. If you do not agree with the Terms of Use, you should leave the Site immediately. S&S reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. You agree to review these Terms of Use on a periodic basis.
- Under no circumstances shall S&S or its employees be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if S&S has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any Web Site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
USE OF MATERIALS CONTAINED ON THIS SITE
- The Site contains material that is derived in whole or in part from material supplied by S&S and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of S&S's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without S&S's express written consent is prohibited.
SHOPPING
- S&S EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY S&S ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that S&S's sole and exclusive maximum liability arising from any product sold by S&S on the Site shall be the price of the product ordered.
- IN NO EVENT SHALL S&S, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
- In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, S&S shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. S&S shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, S&S will issue a credit to your credit card account in the amount of the charge.
- Your receipt of an electronic or other form of order confirmation does not signify S&S's acceptance of your order, nor does it constitute confirmation of S&S's offer to sell. S&S reserves the right at any time after receipt of your order to accept or decline your order for any reason. S&S reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. S&S may require additional verifications or information before accepting any order. S&S may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
POSTINGS
- To the extent that portions of this Web Site (such as "Discussion Boards" or "Reader Reaction") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT S&S DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of S&S. S&S shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.
- S&S reserves the right to monitor all Postings and to remove any it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable.
- You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material contained in such Postings; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
- You hereby authorize S&S to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that S&S or such other parties see fit. You shall have no claim or other recourse against S&S for infringement of any proprietary right in Postings.
USER CONDUCT
- Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
- These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
- Users are not permitted to upload, transmit, distribute or otherwise publish through this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights , abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
LINKED SITES
- S&S has provided links with other internet sites that are maintained by third parties. S&S is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to the S&S Site and you should always review the terms and conditions of any site that you access through a link from this Site.
INDEMNIFICATION
- You hereby agree to indemnify and hold harmless S&S from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by S&S directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
OTHER
- This site is controlled and operated by S&S from its offices in the State of New York, United States of America. S&S makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
- This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law You agree to submit to the exclusive jurisdiction of the courts of the state New York and the federal courts located in New York City, New York. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
- We prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our DMCA Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Contact information for Simon & Schuster's DMCA Copyright Agent for Notice of claims of copyright infringement on the Site is below:
Tracy Woelfel
Copyright Agent for Simonsays.com
Simon & Schuster, Inc.
1230 Avenue of the Americas
17th floor New York, NY 10020
Fax (212) 698-7171
We will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. ยง 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
(c) 2001 Simon & Schuster, Inc
Revised: January 19, 2006 |
SimonSays.com