Effective DPlagiarism ate and Last Updated: December 17, 2019
1. Ownership; Your Rights to Use the Services and Content.
four. Wireless Features; Messages; Location-Based Features.
Wireless Features. The Services might also provide sure functions andservices through your wi-fi Device. Features and offerings might also include the capacity to get right of entry to the Services’features, upload content to the Services, acquire messages from the Services, and down load applications to yourwireless Device (collectively, “Wireless Features”). You conform to receive communications we may also send throughWireless Features for that you are registered. Further, we may additionally accumulate statistics related to your use of theWireless Features. If you have got registered through the Services for Wireless Features, you then agree to inform BNEDof any adjustments on your wi-fi contact records (which includes phone variety) and update your debts on theServices to reflect the modifications. If the Services consists of push notifications or different mobile communicationcapability, you hereby approve of our delivery of electronic communications directly to your mobile Device.These notifications, such as badge, alert or pop-up messages, may be delivered in your Device even when theServices is running in the history. You can also have the capability, and it’s miles your responsibility, to adjust thenotifications you do, or do not, get hold of thru your Device thru your Device and/or app settings. Standardmessage, records and different fees may be charged via your service, and carriers can also deduct expenses from pre-paidamounts or information allowances, for which you are accountable. Your carrier can also restrict or limit certainWireless Features and certain Wireless Features may be incompatible with your carrier or wi-fi Device.Contact your carrier with questions concerning those problems.Text and Email Messages.You may be given opportunities to enroll in diverse text marketing or different text messagingprograms and by using doing so, you consent to receive ongoing textual content indicators (along with through car-dialers) from us relatedto our various groups and affiliates, which may also encompass co-promotions with or about other parties, exceptthat if the scope of your consent for a particular subscription is restricted, that subscription could be solimited. Such consent isn’t required to purchase any product or Services other than the text subscriptionitself. Subsequent or specific subscriptions could be unaffected via an opt-out. You consent to receive a textconfirming any choose-out as well as non-advertising and marketing administrative or transactional messages. Email Messages. You may additionally cancel or modify our e mail marketingcommunications you acquire from us by way of following the instructions contained within our promotional emails. Thiswill not affect subsequent subscriptions, and in case your opt-out is limited to certain types of emails, the decide-outwill be so constrained. Please word that we reserve the right to ship you certain communications referring to youraccount or use of our Services, which includes administrative and provider bulletins, and these transactionalaccount messages may be unaffected if you pick out to decide-out from receiving our advertising communications.Location-Based Features. If GPS,geo-vicinity or different place-based totally capabilities are enabled to your Device, you acknowledge that your Devicelocation may be tracked and can be shared with others constant with the PrivacyPolicy. Some Devices and platforms may additionally permit disabling a few, but not all,vicinity-based functions or dealing with such preferences. Typically, your proximity or connection to wi-fi,Bluetooth and other networks may nonetheless be tracked whilst place services are grew to become off on Device settings.You can terminate Device location tracking through a cellular app by using us by way of uninstalling the software. Territorygeo-filtering maybe required in reference to use of a few Services functions due, for instance, to Contentterritory restrictions. The region-based totally services provided in connection with BNED’s cell app(s) orfeature(s) are for character use most effective and need to not be used or depended on in any state of Plagiarism affairs in which thefailure or inaccuracy of use of the location-based totally offerings should lead without delay to demise, personal harm, orphysical or assets harm. Use region-primarily based services at your personal chance as vicinity information won’t beaccurate.
five. Notice and Take Down Procedure for Claims of Infringement.
DMCA Notification. If you are a copyright proprietor who would really like tosend us a word pursuant to the Digital Millennium Copyright Act (“DMCA”) to perceive content or materialposted on the Services that is infringing and that you would love eliminated from our Services, or in case you are auser whose work has been removed in reaction to such a note of infringement and would like to document a DMCAcounter-note, you could post such notice to us by way of following the instructions on this Section 5.DMCA Requirements. We are devoted to complying withU.S. copyright and associated Intellectual Property legal guidelines. Our coverage is to respond to notices of allegedinfringement that observe the DMCA. It is our coverage to dispose of and discontinue provider to repeat offenders.If you trust your copyrighted paintings has been copied and is accessible at the Services in a manner that constitutescopyright infringement, you could notify us with the aid of supplying our copyright agent with the following facts inaccordance with the necessities of the DMCA:The digital or bodily signature of the owner of the copyright or the character authorizedto act on the proprietor’s behalf.A description of the copyrighted work which you claim has been infringed and an outline ofthe infringing hobby.Identification of the region in which the unique or an authorized reproduction of the copyrightedwork exists (for example, the URL of the internet site wherein it’s miles published or the name of the e-book in which it has beenpublished).Identification of the URL or other precise place at the Services in which the material youclaim is infringing is positioned, providing enough information to permit us to find the cloth.Your call, cope with, cellphone range, and e-mail deal with in order that we may touch you.A assertion via you that you have a very good religion perception that the disputed use isn’t authorizedby the copyright proprietor, its agent, or the regulation.A declaration through you, made under penalty of perjury, that the above information for your noticeis correct and which you are the copyright proprietor or are legal to act on the copyright proprietor’s behalf.Our agent for word of claims of copyright infringement on the Services can be reached asfollows:
Barnes & Noble Education, Inc.120 Mountainview Blvd.Basking Ridge, NJ 07920Attn: Legal Department
By electronic mail: [email protected]
The electronic mail address above is only for reporting copyright infringement and might not be used for anyother motive.
If you consider an character is a repeat infringer, please observe the instructionsabove to touch our DMCA agent and provide records sufficient for us to verify the character is a repeatinfringer.It is regularly tough to decide if your copyright has been infringed. BNED mayelect to no longer reply to DMCA notices that do not extensively comply with all of the foregoing necessities,and Bartleby might also opt for to do away with allegedly infringing material that comes to its interest thru notices that donot notably observe the DMCA.DMCA Counter-Notification. If get right of entry to at the Services to awork which you submitted to BNED is disabled or the work is removed as a result of a DMCA copyrightinfringement observe, and you agree with in precise faith that the allegedly infringing works were eliminated orblocked via mistake or misidentification, then you may send a “Counter-Notification” to the e-mail addresslisted above. Your DMCA Counter-Notification must contain the subsequent information:a legend or situation line that says: “DMCA Counter-Notification”;an outline of the cloth that has been removed or to which get entry to has been disabled andthe area at which the fabric seemed before it was removed or get right of entry to to it was disabled (please includethe complete URL of the web page(s) on the Services from which the fabric was removed or get entry to to it disabled);a announcement underneath penalty of perjury that you have a very good religion perception that the cloth wasremoved or disabled because of mistake or misidentification of the material to be eliminated or disabled;your full call, deal with, smartphone quantity, email address, and the username of your accountwith us (if any);a statement which you consent to the jurisdiction of the Federal District Court for thejudicial district wherein your address is placed (or, if the cope with is positioned outside the USAA., to thejurisdiction of the United States District Court for the Southern District of New York), and which you willaccept service of procedure from the person that provided DMCA notification to us or an agent of such man or woman; andyour electronic or physical signature.Receipt of DMCA Counter-Notification. If we acquire aDMCA Counter-Notification, then we may additionally replace the fabric that we removed (or prevent disabling get entry to to it) innot less than ten (10) and now not more than fourteen (14) business days following receipt of the DMCACounter-Notification. However, we can now not do this if we first acquire notice on the deal with above that theparty who sent us the DMCA copyright infringement word has filed a lawsuit asking a court docket for an orderrestraining the person that provided the material from carrying out infringing activity referring to the materialon the Services. Upon our receipt of a Counter-Notification that satisfies the necessities of DMCA, we willprovide a replica of the counter notification to the person who sent the unique notification of claimedinfringement and could follow the DMCA’s methods concerning counter notification. All Counter-Notificationsmust satisfy the necessities of Section 512(g)(three) of the U.S. Copyright Act. In all occasions, you expressly agreethat neither BNED nor any of its affiliates or their employees, officers, directors, or sellers can be a partyto any disputes or complaints concerning alleged copyright infringement. Please word you will be held in charge formoney damages if you materially misrepresent an pastime is infringing your copyrights.
6. Product Specifications; Pricing; Typographical Errors.
We strive to correctly describe our products or services presented on the Services; but, wedo now not warrant that such specifications, pricing, or other content on the Services is whole, correct,dependable, modern, or blunders-free. As approved through applicable regulation, BNED shall have the right to refuse or cancelany orders in its sole discretion. Your orders are offers to buy issue to our acceptance, which we mayreject or cancel challenge to refund. If we charged your credit score or different account previous to rejection or cancellation,we are able to reissue credit score on your account. Additional Terms might also follow. If a product you acquire or universal fromBNED isn’t as described, as authorised through relevant regulation, your sole remedy is to go back it, to cancel the purchaseand receive a credit score for the purchase price.
7. Termination or Suspension.
eight. Disclaimers; Exclusions and Limitations of Liability.
DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, BNED AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS,MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES,CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “BNED PARTIES”) PROVIDE THE SERVICE, CONTENT,BNED LICENSED ELEMENTS, OR OTHER BNED PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALLFAULTS” BASIS WITHOUT Plagiarism ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BNED PARTIES (ASAPPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER BNED PRODUCTS OR SERVICES WILL: (I) BEUNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III)OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, BNED PARTIES 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 LATENTDEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BYREASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTIONDOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDEDBY BARTLEBY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BARTLEBY PARTIES TO YOU, ORANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) BNED PARTIES’ LIABILITY FORPERSONAL INJURY TO YOU CAUSED BY BNED PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLELAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BNED PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITEDUNDER APPLICABLE LAW.EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BNED PARTIES WILL NOT BELIABLE TOYOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION ORGOODWILL 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, CONTENT, LICENSED ELEMENTS, UGCOR OTHER BNED PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDINGNEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR LOSSES.LIMITATION OF LIABILITY. TO THE EXTENT NOTPROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BNED PARTIES BE RESPONSIBLE OR LIABLE FOR ANYLOSS OR DAMAGES OF ANY KIND, together with non-public injury or death or for any direct, oblique, financial,exemplary, unique, punitive, incidental, or consequential losses or damages of any kind, along with withoutlimitation loss of profits, in connection with, or otherwise without delay or not directly associated with the Services(such as the Content and the UGC), such as without hassle:your use of or incapacity to use the Services, or the performance of the Services;any movement taken in reference to an investigation via BNED Parties or law enforcementauthorities regarding your get admission to to or use of the Services;any action taken in reference to copyright or other Intellectual Property proprietors or otherrights owners;any mistakes or omissions inside the Services’ technical operation or safety or any compromise orloss of your UGC or other information or information; orany harm to any user’s laptop, hardware, software, modem, or other system ortechnology, inclusive of harm from any security breach or from any virus, bugs, tampering, fraud, mistakes,omission, interruption, disorder, put off in operation or transmission, computer line, or network failure or anyother technical or different malfunction, consisting of losses or damages inside the form of lost earnings, loss of goodwill,lack of records, work stoppage, accuracy of consequences, or equipment failure or malfunction. The foregoing limitationsof legal responsibility will follow even if any of the foregoing occasions or situations were foreseeable or even if theBNED Parties were cautioned of or ought to have recognised of the possibility of such losses or damages, regardless ofwhether you carry an motion based in contract, negligence, strict legal responsibility, or tort (together with whether or not brought about,in entire or in element, via negligence, acts of God, telecommunications failure, or destruction of the Services).
The liability boundaries on this Section eight aren’t meant to restriction any explicit warrantiesfrom relevant product manufacturers of physical merchandise offered through the Services, or any specific warranties byBNED which are covered in applicable Additional Terms.
APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEWJERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATIONOF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.ESSENTIAL PURPOSE.UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS,EXCLUSIONS ANDLIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Arbitration and Dispute Terms.
10. General Provisions.