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AGREEMENT BETWEEN USER AND Book Club Du Jour
The Book Club Du Jour Web Site is comprised of various Web pages
operated by Book Club Du Jour. The Book Club Du Jour Web Site is
offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use
of the Book Club Du Jour Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE Book Club Du Jour reserves
the right to change the terms, conditions, and notices under which
the Book Club Du Jour Web Site is offered, including but not limited
to the charges associated with the use of the Book Club Du Jour
Web Site.
LINKS TO THIRD PARTY SITES The Book Club Du Jour Web Site
may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of Book Club Du Jour and Book Club
Du Jour is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Book Club Du Jour is
not responsible for webcasting or any other form of transmission
received from any Linked Site. Book Club Du Jour is providing these
links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Book Club Du Jour of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE As a condition of your use
of the Book Club Du Jour Web Site, you warrant to Book Club Du Jour
that you will not use the Book Club Du Jour Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Book Club Du Jour Web Site in any manner which
could damage, disable, overburden, or impair the Book Club Du Jour
Web Site or interfere with any other party's use and enjoyment of
the Book Club Du Jour Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally
made available or provided for through the Book Club Du Jour Web
Sites.
USE OF COMMUNICATION SERVICES The Book Club Du Jour Web
Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not: Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others. Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information. Upload files that
contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents. Upload
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer. Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically
allows such messages. Conduct or forward surveys, contests, pyramid
schemes or chain letters. Download any file posted by another user
of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner. Falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded. Restrict or inhibit
any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service. Harvest or otherwise collect
information about others, including e-mail addresses, without their
consent. Violate any applicable laws or regulations. Book Club Du
Jour has no obligation to monitor the Communication Services. However,
Book Club Du Jour reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole
discretion. Book Club Du Jour reserves the right to terminate your
access to any or all of the Communication Services at any time without
notice for any reason whatsoever. Book Club Du Jour reserves the
right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Book Club Du Jour's sole discretion. Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Book
Club Du Jour does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Book
Club Du Jour specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
Book Club Du Jour spokespersons, and their views do not necessarily
reflect those of Book Club Du Jour. Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO Book Club Du Jour OR POSTED AT ANY Book
Club Du Jour WEB SITE Book Club Du Jour does not claim ownership
of the materials you provide to Book Club Du Jour (including feedback
and suggestions) or post, upload, input or submit to any Book Club
Du Jour Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Book Club Du Jour, its affiliated
companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission. No compensation will be paid with respect to the use
of your Submission, as provided herein. Book Club Du Jour is under
no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Book Club Du Jour's sole
discretion. By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Book Club Du Jour
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Book Club Du Jour
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Book Club Du Jour WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Book Club Du Jour WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Book Club Du Jour AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Book Club Du Jour WEB SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Book Club Du Jour
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL Book Club Du Jour AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Book
Club Du Jour WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Book
Club Du Jour WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Book Club Du
Jour WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Book Club
Du Jour WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Book Club Du Jour OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Book Club Du Jour WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE Book Club Du Jour WEB SITE. SERVICE CONTACT : bookclub@bookclubDuJour.com
TERMINATION/ACCESS RESTRICTION Book Club Du Jour reserves
the right, in its sole discretion, to terminate your access to the
Book Club Du Jour Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the Book
Club Du Jour Web Site. Use of the Book Club Du Jour Web Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Book Club Du Jour
as a result of this agreement or use of the Book Club Du Jour Web
Site. Book Club Du Jour's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this
agreement is in derogation of Book Club Du Jour's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Book Club Du Jour Web Site or information
provided to or gathered by Book Club Du Jour with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and
Book Club Du Jour with respect to the Book Club Du Jour Web Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and Book Club Du Jour with respect to the Book Club Du Jour Web
Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Book
Club Du Jour Web Site are: Copyright 2007-2008 Book Club Du Jour
and/or its suppliers. All rights reserved. TRADEMARKS The names
of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations,
products, people and events depicted herein are fictitious. No association
with any real company, organization, product, person, or event is
intended or should be inferred. Any rights not expressly granted
herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
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