Terms and Conditions
1. Acceptance of Terms
2. Changed Terms
4U2B BOOKS & MEDIA shall have the right at any time to change or modify the Terms of Service applicable to Your use of this Site, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting on this Site, or by electronic or conventional mail, or by any other means by which You obtain notice thereto. Any use of this Site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications, or deletions.
3. Use of Site
(A) You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without 4U2B BOOKS & MEDIA’S express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in 4U2B BOOKS & MEDIA’S discretion restricts or inhibits any other person from using or enjoying this Site will not be permitted. You shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with this Site.
(B) You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, You automatically grant, or warrant that the owner of such material has expressly granted 4U2B BOOKS & MEDIA the non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to use, reproduce, sublicense, distribute, modify, publish, translate, adapt, distribute, transmit, create derivative works of, publicly display and publicly perform such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You recognize and acknowledge that You are not entitled to any compensation for any materials you may post on the Site.
(D) The foregoing provisions of Section 3 are for the benefit of 4U2B BOOKS & MEDIA, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
(E) You also understand that 4U2B BOOKS & MEDIA cannot and does not guarantee or warrant the files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 4U2B BOOKS & MEDIA or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of 4U2B BOOKS & MEDIA and protected by the United States and international copyright laws. All software used on this Site is the property of 4U2B BOOKS & MEDIA or its software suppliers and protected by United States and international copyright law.
You agree not to modify, delete, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any content appearing on this Site without the prior express written consent of 4U2B BOOKS & MEDIA. Nothing in these Terms and Conditions shall be interpreted as granting any license of copyright or any other intellectual property rights to You.
4U2B BOOKS & MEDIA and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of 4U2B BOOKS & MEDIA, its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. 4U2B BOOKS & MEDIA’S trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not 4U2B BOOKS & MEDIA, its parents, subsidiaries, sponsors, or affiliated companies in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 4U2B BOOKS & MEDIA, its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names not owned by 4U2B BOOKS & MEDIA, its parents, sponsors, affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4U2B BOOKS & MEDIA or its parents, sponsors, affiliates or subsidiaries.
Prices listed on this Site are subject to change without notice. Any rights not expressly granted herein are reserved to 4U2B BOOKS & MEDIA.
7. Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER 4U2B BOOKS & MEDIA, ITS AFFILIATES, PARENTS, SPONSORS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.
(B) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. 4U2B BOOKS & MEDIA PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND 4U2B BOOKS & MEDIA, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT 4U2B BOOKS & MEDIA, ITS AFFILIATES, SPONSORS, PARENTS, AND SUBSIDIARIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL 4U2B BOOKS & MEDIA, ITS AFFILIATES, SUBSIDIARIES, SPONSORS, PARENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING 4U2B BOOKS & MEDIA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
(E) 4U2B BOOKS & MEDIA MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-4U2B BOOKS & MEDIA WEBSITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM 4U2B BOOKS & MEDIA, AND THAT 4U2B BOOKS & MEDIA HAS NO CONTROL OVER THE CONTENT ON THAT WEBSITE. IN ADDITION, A LINK TO A 4U2B BOOKS & MEDIA WEBSITE DOES NOT MEAN THAT 4U2B BOOKS & MEDIA ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE OF SUCH WEBSITE. IN ADDITION, THE APPEARANCE OF CONTENT IN A PUBLIC FORUM DOES NOT MEAN THAT 4U2B BOOKS & MEDIA ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH IDEAS AS APPEAR IN THE FORUM. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIAL FOUND ON THE SITE, OR ANY OF THE POLICIES, TERMS OF SERVICE RELATING TO USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, 4U2B BOOKS & MEDIA, NOR ITS AFFILIATES, SUBSIDIARIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER 4U2B BOOKS & MEDIA NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
You agree to indemnify, defend and hold harmless 4U2B BOOKS & MEDIA, its officers, directors, parents, subsidiaries, agents, licensors, suppliers and any third party information providers to this Site from and against any and all cause(s) of action, claims, losses, expenses, damages, costs, including reasonable attorneys’ fees arising out of Your use of this Site.
4U2B BOOKS & MEDIA shall have the right, but not the obligation, to monitor the content of this Site, including chat rooms, bulletin boards, and forums, to determine compliance with this Terms of Service and any operating rules established by 4U2B BOOKS & MEDIA and to satisfy any law, regulation or authorized government request. 4U2B BOOKS & MEDIA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site. Without limiting the foregoing, 4U2B BOOKS & MEDIA shall have the right to remove any material that 4U2B BOOKS & MEDIA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Either 4U2B BOOKS & MEDIA or You may terminate this Agreement at any time. Without limiting the foregoing, 4U2B BOOKS & MEDIA shall have the right to immediately terminate Your Account in the event of any conduct by You which 4U2B BOOKS & MEDIA, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 3(B), 3(C), 3(D), 4, 5, 7, 8, and this Section 10 shall survive termination of this Agreement.
11. Copyrights and Copyright Agent
4U2B BOOKS & MEDIA respects the rights of all copyright holders and in this regard, 4U2B BOOKS & MEDIA has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, subscribers, and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 4U2B BOOKS & MEDIA’S Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. 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 copyright owner, its agent, or the law; and
6. 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.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
(A) Entire Agreement. The Terms of Service constitutes the entire agreement between you and 4U2B BOOKS & MEDIA and governs Your use of this Site, superseding any prior agreements between you and 4U2B BOOKS & MEDIA with respect to the use of this Site. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other 4U2B BOOKS & MEDIA services, affiliate services, third-party content or third-party software.
(B) Choice of Law and Forum. The Terms of Service and the relationship between You and 4U2B BOOKS & MEDIA shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and 4U2B BOOKS & MEDIA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.
(C) Waiver and Severability of Terms. The failure of 4U2B BOOKS & MEDIA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
(D) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.