This Web Site (or the "Site" or "we"), is operated by Simon & Schuster, Inc and this 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").
INTELLECTUAL PROPERTY OWNERSHIP; LICENSE
This Site and its contents including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, and the trademarks, logos, domain names, trade names, and trade identities; any and all copyrightable material; and all other materials related to the Web Site, including without limitation, the "look and feel" of the Site are protected by applicable copyrights, both U.S. and foreign, and other proprietary (including, but not limited to, intellectual property) rights and are the property of S&S. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by S&S, no rights (either by implication or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Site or any Materials (as defined below) contained therein, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. 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.
Subject to your strict compliance with these TOU, S&S grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to view, use and/or play a single copy of the Materials and download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that you retain all trademark, copyright and other proprietary notices contained in the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of S&S's or its licensor's 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.
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.
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, input data, send e-mails, answer questions, or otherwise communicate with S&S and users through the site ("Postings"), BE ADVISED THAT S&S DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE. S&S does not endorse and has no control over the content of the Postings submitted by others and Postings do not necessarily reflect the views of S&S. S&S makes no warranties, express or implied, as to the content of the Postings or the accuracy and reliability of any Postings.
All of your Postings are your sole responsibility. You and not S&S are entirely responsible for your Postings and for any information that you e-mail, transmit or otherwise make available via the Site. If you post personal information on Discussion Boards or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. S&S cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of your Postings, including, but not limited to, any errors or omissions in your Postings, or for any claim, loss or damage of any kind incurred as a result of your Postings.
You hereby represent and warrant that (i) you have all necessary rights in and to all Postings you provide and all material contained in such Postings; (ii) your Postings do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation; (iii) your Postings will not contain any viruses or other contaminating or destructive devices or features; (iv) , your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and (v) your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
While S&S assumes no responsibility for actively monitoring the Site for inappropriate Postings, S&S nevertheless reserves the right to monitor Postings, and to remove any it, in its sole discretion, deems in violation of these TOU or otherwise unacceptable. If S&S chooses, in its sole discretion, to monitor sections of the Site such as Discussion Boards and Reader Reaction, S&S nonetheless assumes no responsibility for the content of users' Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of users submitting any Postings. You agree that S&S accepts no liability whatsoever if it determines to prevent your Postings from being submitted or if it edits, restricts or removes your Postings.
You hereby authorize S&S to use and/or authorize others to use, on a worldwide, royalty-free basis, all or part of your Postings in any manner, format, or medium that S&S or such other parties see fit, provided, however, that with respect to Postings uploaded by S&S's authors, your use is limited to viewing such Postings. You shall have no claim or other recourse against S&S for infringement of any proprietary right in your Postings.
You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these TOU. You further agree to release S&S from any and all liability and obligations whatsoever in connection with or arising from your use of this Site
Users are not permitted to upload, transmit, distribute or otherwise publish through this Web Site any content which infringes a third party's copyright, trademark or other proprietary right or 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 civil liability or otherwise violate any local, state, national or international law. Users may not improperly assume or claim the identity, characteristics or qualifications of another person, nor use this Site for purposes of spamming.
S&S does not accept unsolicited manuscripts sent to it through its Site, and takes no responsibility for any manuscript so transmitted.] DISCLAIMERS OF WARRANTIES
THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW. S&S AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THIS WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THIS WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THIS WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THIS WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THIS WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED WEB SITE. S&S DOES NOT WARRANT THAT THIS WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
S&S DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, S&S SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, S&S AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. S&S, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 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 THIS AGREEMENT.
DISCLAIMERS/LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT S&S LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL S&S, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "S&S ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THIS WEB SITE, THE CONTENT, YOUR POSTINGS, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY S&S OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THIS WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE S&S ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE S&S ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES 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 SHALL THE S&S ENTITIES' AND INDIVIDUALS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE S&S ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, 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.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF S&S'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, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY S&S AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR POSTINGS OR OTHER UPLOADED INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE S&S WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR YOUR POSTINGS OR OTHER UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
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. Please contact the Permissions Department if you would like to use an excerpt or copyrighted material from a Simon & Schuster title on a non-exclusive basis in book format only.
Copyright Agent for SimonandSchuster.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. 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
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.