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You can open an account by registering on our Website. Where available, you may also be able to use your account details that you have registered with barnesandnoble.com. You agree to provide accurate and complete information when you create your account and to keep that information accurate and complete. To avoid unauthorized use of your account, you must safeguard the confidentiality of your account username and password and not disclose either to any third party. If you become aware that your account has been compromised, you must inform us immediately.
You are responsible for all activities that occur using your account, and we are not responsible for any losses or damages that arise from your failure to comply with these obligations.
Our Service permits you to purchase certain products and services through our Websites. You may be required to create a user account in order to do so. Current product and service prices will be indicated on our Website. You are responsible for paying any and all charges associated with products or services you purchase from us via the credit card associated with your account or alternative payment means we may accept from time to time. By making a purchase with us, you represent and warrant to us that you have the right to use the credit card or other payment means. We may require that you verify the foregoing before we accept your order.
We endeavor to provide descriptions and specifications of our products that are accurate and complete. However, certain product details (such as, for example, colors) may render differently on various kinds of computers or mobile devices. We cannot guarantee that your computer or mobile device will render such details as we have intended. We may modify product and service descriptions and specification at any time without prior notice, and we may discontinue certain product or service offerings at any time.
Please note that at the current time, we can only ship orders to addresses within the United States and Puerto Rico. We regret that we are unable to ship to U.S. APOs.
Any item that is printed on demand is manufactured when your order is received and therefore, we cannot cancel your order or accept a product return. However, if you receive a product that has been damaged, we may replace your product with a new copy in our sole discretion. We may require that you provide photographic evidence of any such damage.
Because our Service requires you to format your products, we do not accept any responsibility for the quality of Content (as defined below) you submit to us. We cannot accept any product returns for such reasons, which may include but are not limited to misspelled words, grammatical errors, factual errors or poor quality images.
You may submit materials to us in connection with your use of our Services, which may include but are not limited to photographs, images, text, graphics and other materials (collectively, your "User Content"). As between us and you, you retain ownership of all of your User Content. You grant us a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, perpetual and irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display your User Content in connection with our provision of our Services to you. Please be advised that NOOK Press retains your User Content only as long as necessary to provide the Services to you, and generally not longer than 30 days.
You represent and warrant to us that you own or otherwise possess all rights in and to your User Content, and that the use of your User Content in connection with the Services will not infringe, misappropriate, use or disclose without authorization, or violate any right of any third party. You further represent and warrant that your User Content is not illegal, abusive, libelous, defamatory, obscene, hateful, sexually explicit, fraudulent or threatening, or encourages any of the foregoing, or is otherwise harmful or can be reasonably expected to harm any person or entity. You agree that we have the final discretion to determine your compliance with the foregoing. You may not transmit any materials in your User Content that contain any viruses, worms, trojan horses, defects or other destructive items.
If your User Content contains images of you or other identifiable individuals, you agree that we may use your likeness in connection with the Services and that you have obtained the written consent, release or permission of all such individuals to exploit the User Content as contemplated herein. If any identifiable individual is under eighteen (18) years of age, you represent to us that you have obtained the written consent, release or permission of such individual's parent or guardian. You further agree that you will provide us with evidence of such consents, releases or permissions promptly upon our request.
We must reserve the right to refuse to provide or cease providing Services to you if your User Content violates the representations and warranties above. Any such action on our part will not limit any other remedies otherwise available to us. We will have no liability to you or any third party if we refuse to provide or cease providing Services to you for these reasons.
The Services are designed to provide products are services to you; however, we do not provide data storage services except solely as necessary to provide our Services. We recommend that you keep back-up or archive copies of your User Content.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringes your copyrights, you may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity reasonably sufficient to enable us to locate the material; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permit you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Copyright Agent, Nook Digital, LLC Legal Department, 122 Fifth Avenue, New York, New York 10011, at DMCANotice@barnesandnoble.com. We also suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES OR ITS USE WILL BE UNINTERRUPTED OR SECURE, FREE OF DEFECTS, INACCURACIES OR ERRORS; OR OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ACKNOWLEDGE THAT WE AND OUR SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR ANY CONDUCT OF OTHER USERS OR THIRD PARTIES OR FOR THE USER CONTENT THAT THEY UPLOAD, PRINT OR SHARE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PRODUCT IS TO OBTAIN A REFUND FOR SUCH PRODUCT, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICE IS TO STOP USING OUR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE IS THE ACTUAL PRICE PAID BY YOU.
You agree to indemnify and hold harmless us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors immediately on demand from any loss, damage, claim or demand (including attorneys' and experts' fees) arising out of, related to or connected with use of our Service by you or any other person accessing our Service through your account.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to become involved in any way in disputes between you and other users.