You understand and agree that the IndieBound Site is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the IndieBound Site or any other client software. The opinions expressed on the IndieBound Site are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the IndieBound Site with or without notice at any time and without any liability to you.
Ownership of Content
The IndieBound Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”). ABA or other individuals or entities may own this Content. You may use the IndieBound Site and the Content offered on the IndieBound Site only for your own internal purposes. Other than as permitted on the IndieBound Site, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the IndieBound Site or any portion of it. You may use Content offered for downloading, for internal use only and subject to the rules that accompany that particular Content. In the event of any permitted copying, redistribution or publication of material from the IndieBound Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you. You may not use the Content in a manner that exceeds the rights granted for your use of the Content.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the IndieBound Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
By uploading information, software, or other material onto the IndieBound Site, you warrant and represents that you own the copyright, trademark or other proprietary right in such information, software, or other material, or have received permission from the person or entity who owns such rights. You shall not upload, post or otherwise make available on the IndieBound Site any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
By submitting or otherwise posting Content to public areas of the IndieBound Site, you hereby grant to us and our respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, including any message or any e-mail sent by you to us or posted on the IndieBound Site (in whole or in part), and/or to incorporate it in other works in any form, media or technology now known or later developed without the need to attribute authorship. You further grant ABA the right to sublicense, transfer or assign the rights granted herein through multiple tiers of sublicenses.
Policy on Proper Use of IndieBound Site
You may use the IndieBound Site for lawful purposes only. You may not submit or transmit through the IndieBound Site any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including us and our employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- disrupts the normal flow of dialogue or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
- violates any law or any ABA standard, policy and procedure, including the ABA antitrust compliance policy;
- describes a pyramid scheme or is a chain letter; or
In addition, ABA urges its members to carefully consider any statements about, or concerning the actions of, other organizations, booksellers, suppliers, sellers, or publishers; and not to make any disparaging, defamatory, anticompetitive, or similar statements in such regard.
You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person; (ii) use a user name or e-mail address of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a user name that we consider to be offensive.
Links to External Sites
The IndieBound Site may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web site.
Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the IndieBound Site in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.
Please provide the following information to our Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the IndieBound Site;
your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We collect personal information on the IndieBound Site, which is subject to the terms of our privacy statement, located at http://www.indiebound.org/privacy-policy.
Disclaimer of Warranties
ABA is providing information and services on the Internet as a benefit and service in furtherance of ABA's non-profit and tax-exempt status. We provide the IndieBound Site “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the IndieBound Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE INDIEBOUND SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE INDIEBOUND SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE INDIEBOUND SITE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INDIEBOUND SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE INDIEBOUND SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A US REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE INDIEBOUND SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE INDIEBOUND SITE EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD OR, IN THE EVENT THAT YOU HAVE NOT PAID MEMBERSHIP FEES, $500.00.WE, OUR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE INDIEBOUND SITE OR FROM ANY POSTINGS ON THE INDIEBOUND SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE NEITHER ENDORSE OR OUR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE INDIEBOUND SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE INDIEBOUND SITE BY ANYONE OTHER THAN AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE INDIEBOUND SITE AND/OR ANY POSTINGS ON THE INDIEBOUND SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE INDIEBOUND SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ABA policy is to scrupulously comply with all antitrust laws. ABA reminds all users to guard against any activity that could be construed as a violation of the antitrust laws. Accordingly, discussion of and exchange of information on the following subjects should be avoided: prices, terms of sale, costs, discounts, advances, mark-ups, preferences, advertising allowances, plans for dealing with particular customers, suppliers, or competitors, concerted action to refuse to deal with or to boycott certain companies, and marketing plans on a product line or geographic basis and any other discussion topics that could be construed to impose a restraint on trade and inhibit free and fair competition in the bookselling industry.
Choice of Law
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York’sconflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.