Terms and Conditions of Use Limited to Online Services
Additionally, if you are an administrator responsible for managing Login Credentials on behalf of a Subscriber, you agree on behalf of the Subscriber that you personally and the Subscriber are jointly and severally liable for any and all uses of these additional Login Credentials.
You represent and warrant that any information you post or provide to World Book by means of the Online Services, including, without limitation, as part of any registration or subscription or to gain access to or use any features or functionality of the Online Services, is truthful, accurate, not misleading and offered in good faith.
Except to the extent expressly permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not, and will not cause or permit another individual to:
- Copy, use or download Content except to the extent permitted by the features of the Online Services; provided, however, that World Book and User acknowledge and agree that User may download Content, including e-Books, to a mobile device, subject to the terms and conditions of the related mobile application;
- Reproduce and/or distribute Content except for educational, non-commercial or personal uses only provided that no changes or deletions are made to the Content, author attributions or proprietary notices in the Content;
- Decompile, reverse engineer, disassemble or otherwise reduce the Content to a machine or human readable form; or
- Reproduce the Content in any other medium or on any other server or location for further reproduction or redistribution.
You agree not to utilize the Online Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit information under a false name. You also agree not to post any information which (a) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (b) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of World Book, its affiliates or any of their website users. World Book reserves the right to delete any information forwarded by you that is fraudulent, abusive, defamatory, obscene or in violation of copyright, trademark or other intellectual property or ownership rights of any other person.
You may only submit or access information that you own or have the right to submit or access. You agree that it is your sole responsibility to ensure that the information you submit through the Online Services (including information to set up or update your Timeline account) is accurate, complete and current to the best of your knowledge and recollection. We are not responsible for any consequences arising from your or other persons’ reliance on the accuracy, completeness or adequacy of any content contained within your Online Services account.
You agree that the content posted in chat rooms, bulletin boards and similar forums (“Forums”) is not endorsed by, and shall not be considered reviewed, screened or approved by World Book, or any party on their behalf. However, World Book reserves the right for any reason to remove any such content and to restrict or deny, in its sole discretion, any user access to Forums without notice.
4. Prohibited Behavior. You must not use the Online Services to interfere with or disrupt the proper operation of the Online Services in any manner that may adversely affect World Book or any third parties, including using the Online Services to do any of the following prohibited actions:
- Access data or materials not intended for you;
- Log into a server or account which you are not authorized to access;
- Harm minors in any way;
- Engage in excessive use of the Online Services which impairs the fair use of others;
- Use the Online Services for any purpose or in any matter that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
- Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
- Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
- Impersonate another person or entity, including without limitation a representative of World Book, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Online Services;
- Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility; or
- Attempt to probe, scan or test the vulnerability of a system or network or service to any user, host or network, including without limitation, by means of submitting a virus to the Online Services, overloading, "flooding", "mailbombing" or "crashing" the Online Services.
Violations of system or network security may result in civil or criminal liability. World Book reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
You further agree:
- To notify the Online Services’ Help Desk promptly if you suspect unauthorized use of the Online Services;
- That you are responsible for the results obtained, and conclusions drawn, from your use of the Online Services;
- To comply with all applicable laws, regulations, or conventions in using the Online Services, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct; and
- That you are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, of any order issued by any agency of the U.S. Government (or any other government) limiting, barring, revoking or denying, in whole or in part, your export privileges and that you will notify World Book immediately in the event that you become subject to any such order.
5. Linking to the Online Services; Links to Other Websites. You agree not to "deep-link" to the Online Services, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Online Services for any purpose, unless specifically authorized by World Book in writing to do so. If you want to link to the Online Services in any other manner, please contact World Book at firstname.lastname@example.org to seek approval.
Links to third-party websites on the Online Services are provided solely as a convenience to you. If you use these links, you will leave the Online Services. World Book has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, World Book does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Online Services, you do this entirely at your own risk.
6. Framing. You agree not to create any frames at any other web sites(s) pertaining to or using any of the Content for any purpose, unless specifically authorized by World Book in writing to do so.
7. Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Online Services or any of the pages of the Online Services infringes on World Book's and/or its licensors' copyrights.You agree not to use any such tools or products on or in connection with the Online Services.
8. Availability. The Online Services are generally available seven (7) days a week. However, World Book may, at any time, without notice or liability, restrict the use of the Online Services or limit their availability in order to perform maintenance, update the Content or features, or for any other reasons World Book deems appropriate.
9. Disclaimer of Warranties. THE USE OF THE ONLINE SERVICES, INCLUDING ANY AND ALL CONTENT AVAILABLE THROUGH THE ONLINE SERVICES, IS SOLELY AT YOUR OWN RISK. THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WORLD BOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WORLD BOOK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE ONLINE SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE ONLINE SERVICES IS TO CEASE TO USE THE ONLINE SERVICES.World Book may make changes to the Online Services, including any and all Content available through the Online Services, at any time without notice; however, World Book makes no commitment to update the Online Services, including any and all Content available through the Online Services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10. Disclaimer of Content. You understand and acknowledge that World Book assumes no responsibility to screen or review Content available through the Online Services that is originated by parties other than World Book, and that World Book shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available through the Online Services. World Book expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. Further, World Book makes no representation or warranty as to the appropriateness of any Content, including, without limitation, based on the age, gender, maturity, or other characteristic of a User.YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AVAILABLE THROUGH THE ONLINE SERVICES.
11. Limitation of Liability. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, WORLD BOOK'S, ITS AFFILIATES’, LICENSORS’ OR CONTRACTORS’ NEGLIGENCE, SHALL WORLD BOOK, ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF WORLD BOOK OR AN AUTHORIZED WORLD BOOK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL WORLD BOOK'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
Unless you and World Book agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for US$10,000.00 (ten thousand United States dollars) or less, World Book agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds US$10,000.00 (ten thousand United States dollars), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.