Barnes & Noble Book Clubs Terms of Use The following Terms of Use apply to the Barnes & Noble Book Clubs Web Site and to the discussions, moderators, software, services, products, resources, information, content, and materials on the Barnes & Noble Book Clubs Web Site ("Site Content"). These Terms of Use supplement the Barnes & Noble.com Terms of Use found on the Barnes & Noble.com Web Site (the "Barnes & Noble.com Terms of Use"). The Barnes & Noble.com Terms of Use are incorporated herein by reference. By using the Barnes & Noble Book Clubs Web Site or Site Content you accept and agree to comply with the following Terms of Use, the Barnes & Noble.com Web Site Terms of Use, the Book Clubs User Guidelines and Barnes & Noble.com's Privacy Policy. Your use of certain resources made available on the Barnes & Noble Book Clubs Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. B&N.COM reserves the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use (and Barnes & Noble.com Terms of Use and BN.COM's Privacy Policy) from time to time. Your continued use of the Barnes & Noble Book Clubs Web Site signifies your acceptance of any changed items. If you do not agree with these Terms of Use, your sole remedy is to discontinue your use of the Barnes & Noble Book Clubs Web Site. The failure of B&N.COM to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Community Conduct While using the Barnes & Noble Book Clubs Web Site or Site Content, you are part of B&N.COM's community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the Barnes & Noble Book Clubs Web Site or Site Content or from purchasing any products or services sold by B&N.COM or through their affiliate relationships; (2) take any action intended to threaten, intimidate, or harass any other user of the Barnes & Noble Book Clubs Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable, or harmful; (3) use the Barnes & Noble Book Clubs Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the Barnes & Noble Book Clubs Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to B&N.COM's or any other person's computers, software or data. B&N.COM reserves the right to prohibit use of the Barnes & Noble Book Clubs Web Site or the purchase of products and services from B&N.COM by any user who, in B&N.COM's sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify B&N.COM, and B&N.COM will work in good faith to resolve any such issues. However, B&N.COM has no obligation to monitor the Barnes & Noble Book Clubs Web Site or Site Content and is not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the Barnes & Noble Book Clubs Web Site, or for any defamatory, offensive, or illegal conduct by any user of the Barnes & Noble Book Clubs Web Site. B&N.COM reserves the right to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on B&N.COM's servers and networks and those of its contractors and suppliers. You hereby authorize B&N.COM and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network of computing facilities in order to enforce these Terms of Use. Such cooperation may include B&N.COM providing the User Name, IP address, or other identifying information. Submissions to B&N.COM While participating in B&N.COM community, you may submit to B&N.COM resources, links, applets, information, content, software code, graphics, artwork, templates, or other materials ("Submissions") in accordance with the guidelines set forth at the areas of the Barnes & Noble Book Clubs Web Site where Submissions are accepted. You hereby grant to B&N.COM a non-exclusive, perpetual, worldwide, irrevocable, royalty-free right and license to link, use, reproduce, publish, distribute, adapt, perform, display, and create derivative works from your Submissions, in whole or in part, worldwide and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize, and display the source code. Subject to this grant, you retain any and all rights which may exist in such Submissions. B&N.COM reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion. You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to B&N.COM: You have all rights and have obtained all approvals, consents, release clearances, licenses, and authorizations needed for the grant of rights and licenses hereunder, and any Publication of your Submissions does not violate or conflict with any other agreement you have made. Your Submissions do not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party. Your Submissions do not contain any virus, worm, Trojan horse, or other routine intentionally designed to damage or allow unauthorized access to the Barnes & Noble Book Clubs Web Site or any content or online discussions on the Barnes & Noble Book Clubs Web Site, or any other hardware, software, or data. Your Submissions do not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and discussions on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools. Your Submissions: (i) do not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules and regulations; (iii) do not contain any false, misleading, libelous or defamatory statements; (iv) do not constitute an invasion of the rights of privacy or publicity of any third party; and (v) are not obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful. Downloading Software All software and documentation available for download from the Barnes & Noble Book Clubs Web Site is the copyrighted work of B&N.COM or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site Content downloaded or otherwise obtained through the use of the Barnes & Noble Book Clubs Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content. Disclaimers and Warranties Products and services sold on the Barnes & Noble Book Clubs Web Site are provided by third parties with only the representations and warranties that those third parties generally provide to their customers with respect to such products and services. B&N.COM warrants that it will comply with the Purchases and Returns Policy with respect to any products or services purchased from B&N.COM, but makes no other representations or warranties whatsoever with respect to the products or services of third parties. Except for these limited warranties, the Barnes & Noble Book Clubs and Site Content are provided on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, B&N.COM AND ITS CONTRACTORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE BARNES & NOBLE BOOK CLUBS WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. B&N.COM does not make any representations or warranties that: (1) the Barnes & Noble Book Clubs Site or Site Content or any products or services purchased from B&N.COM will meet your requirements or expectations; (2) the operation of the Barnes & Noble.com Book Clubs Web Site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or (3) any particular results will be obtained from the use of the Barnes & Noble Book Clubs Web Site or from any products or services purchased from B&N.COM. The Barnes & Noble Book Clubs feature discussions about books, conversations with best selling writers and special interest forums inspired by popular books. It is a community where readers and writers meet to discuss books. B&N.COM does not assume any responsibility for the use and/or misuse of information contained herein and makes no warranties, either express or implied, concerning the validity or information contained in therein. Neither the moderators, B&N.COM, nor any other party who has been involved in the preparation or publication of the Site Content warrants that the information contained on the Barnes & Noble Book Clubs Web Site is in every respect accurate or complete. Neither the moderators, B&N.COM, nor any other party who has been involved in the preparation or publication of the Site Content are responsible for any errors or omissions or for the results obtained from the use of such information. Links to Third-Party Web Sites The Barnes & Noble Book Clubs Web Site includes links to various third-party web sites. B&N.COM is providing these links solely as a convenience. Such linked third-party sites are not under the control of B&N.COM. B&N.COM has not reviewed all of the sites linked from the Barnes & Noble Book Clubs Web Site and is not responsible or liable for the content available at any such linked site. The appearance of a third-party link on this site does not imply B&N.COM's endorsement of the linked site, its sponsor, or any products or services offered on the linked site. Use of any linked site is at your own risk. Copyrights and Trademarks The Barnes & Noble Book Clubs Web Site and Site Content is the property of B&N.COM and its licensors and is protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in B&N.COM site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by B&N.COM at the Barnes & Noble Book Clubs Web Site are reserved to B&N.COM and its licensors.
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