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NOOK PRESS TERMS OF USE

NOOK PRESS TERMS OF USE

Updated: March 11, 2015

Welcome to the NOOK Press Terms of Use ("Terms of Use"). This is a legally binding agreement between you and Nook Digital, LLC.com ("NOOK Press", "we", "our" or "us") that govern your use of and access to the NOOK Press websites (our "Websites") and products and services (collectively, our "Service").

These Terms of Use apply to NOOK Press's consumer Services. If you wish to submit your digital book for digital publication and distribution through the NOOK Press platform, you must agree to the NOOK Press Membership Agreement.

Please read these Terms of Use carefully before using our Service. By using our Websites, creating an account or placing an order through our Service, you acknowledge and agree that you have read, understood and agreed to be bound by these Terms of Use and our Privacy Policy. Any products or services you purchase or access through our Service are also governed by these Terms of Use. If you do not agree to these Terms of Use, do not use our Service.

We may modify these Terms of Use and our Privacy Policy at any time by posting revised terms on our Websites. Your continued use of our Service after we post changes constitutes your acceptance of those changes.

1. Using our Websites

You may access and use our Websites only for your personal, non-commercial use. Except as permitted by these Terms of Use, you may not modify, copy, sell, disassemble, decompile or reverse engineer our Websites or any content displayed thereupon. You may not rent, loan, lease, sublease, transfer, distribute or otherwise make our Websites available to any third party. You may not modify, adapt, translate, alter, delete or obscure our Websites or any proprietary rights notice embedded in or affixed to the Websites. You may not use our Websites to violate any applicable laws, rules or regulations. Attempts to circumvent our security systems, disrupt the operation of our Websites or the Service or gain access to any other user's account without permission are strictly forbidden. Any unauthorized use of our Website or the Service or any portion thereof will automatically and immediately terminate the access and use permissions granted in this paragraph.

Internet connectivity is required to access the Websites. Any access fees or charges applicable to your Internet connectivity and data usage are solely your responsibility.

2. Creating an Account

Using certain Services, including placing orders, will require you to create a user account with us. You must be at least 18 years of age to create a user account and enter into these Terms of Use.

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.

3. Purchasing Products or Services

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.

4. Orders, Cancellations and Returns

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.

5. Promotions

From time to time we may offer certain promotional products, prices, contests, sweepstakes or similar promotions through our Websites (collectively, "Promotions"). Those Promotions may be subject to additional terms and conditions other than these Terms of Use. By participating in any Promotion, you agree to such additional terms and conditions. In the event of a conflict between the terms and conditions applicable to a particular Promotion and these Terms of Use, the terms and conditions of the Promotion will control.

6. NOOK Press Content

Except for your User Content (defined below), all materials provided by NOOK Press and contained on our Websites and Services, including, without limitation, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, text templates, graphic templates, layout templates, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof are the property of NOOK Press, its third party licensors and/or other owners (collectively, the "NOOK Press Content"), and are protected by United States, Canadian and other foreign copyright, trademark, patent and other intellectual property laws. Subject to your compliance with these Terms of Use, we grant you a limited, personal, revocable, non-exclusive and non-transferable license to display the NOOK Press Content for non-commercial purposes only in connection with your purchase of our products and/or services. You may not modify the NOOK Press Content or modify, alter, delete or obscure any proprietary rights notice embedded in or affixed therein.

7. User Content

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.

8. Copyright

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.

9. Disclaimer; Limitation of Liability

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.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If any such laws apply to you, some or all of the disclaimers, exclusions and limitations set forth in these Terms of Use may not apply to you and you may have additional rights.

10. Indemnification

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.

11. Term and Termination

The Terms of Use are effective as of the first date you use our Websites or Services and will continue in effect until the earlier of (i) we terminate these Terms of Use, with or without prior notice to you, upon your failure to comply with any terms or conditions herein; or (ii) you terminate these Terms of Use by ceasing all use of the Websites and Services. Upon any termination of these Terms of Use, the following provisions will survive: Sections 6, 7, 8, 9, 10, 11, 12 and 13.

12. Applicable Law; Jurisdiction; Dispute Resolution

The Services are created and controlled by NOOK Press in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws. The applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (even if adopted in New York) are explicitly excluded. You agree to submit to the non-exclusive personal jurisdiction of the courts located within New York County, New York and you hereby waives any objection to venue of any litigation in said courts.

Any claim or controversy at law or equity arising from, relating to, or connected with these Terms of Use (each a "Claim") will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York, New York. Notwithstanding the foregoing, we may bring a Claim in any court of competent jurisdiction as necessary to enforce our rights or those of our customers, affiliates, suppliers, or licensors. Any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section is a material inducement for the other party to enter into these Terms of Use. You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have arising out of, relating to, or in connection with these Terms of Use must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

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.

13. Miscellaneous

You may not assign or transfer any rights or obligations under these Terms of Use without our prior written consent and any attempted assignment or transfer without such prior written consent shall be null and void. We may freely transfer our rights or obligations under these Terms of Use. If any provision of these Terms of Use is held by a court of law to be illegal, invalid or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms of Use will remain in full force and effect.

The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of these Terms of Use, which shall be considered as a whole. "Including" means "including, without limitation." Any terms or conditions of any invoice or invoice acknowledgement form which are in addition to or inconsistent with the terms of these Terms of Use will be deemed stricken from such invoice or invoice acknowledgement, notwithstanding any acknowledgement or acceptance of such invoice or invoice acknowledgement. These Terms of Use constitute the entire agreement with respect to the subject matter hereunder and supersedes any and all prior or contemporaneous oral or written agreements, negotiations, communications, understandings and terms, whether express or implied regarding the subject matter. No subsequent alteration, waiver, amendment, change or addition to these Terms of Use ("Amendment") will be binding and valid unless in writing and signed by the parties, and then such Amendment shall be effective only in the specific instance and for the specific purpose stated.

The language of these Terms of Use will be construed not strictly for or against either party, regardless of who drafted or was principally responsible for drafting these Terms of Use or any specific term or conditions hereof. The English language will be the controlling language of this Agreement. Any suppliers, licensors, and affiliates of NOOK Press are direct and intended third party beneficiaries of this Agreement, including without limitation the disclaimers of warranties and limitations on liability set forth herein. All communications and notices giving pursuant to this Agreement will be in the English language.

14. Customer Support

If you have questions about our Service, your orders or these Terms of Use, please do not hesitate to contact our customer support line at 1-800-THE-BOOK or nookpressprintbooks@nook.com.