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TERMS OF USE
Ownership
Welcome to the Web site at www.harpercollins.com (the "Site") which is owned by HarperCollins Publishers Inc. ("HCP"). This Site is operated by HCP, and materials on the Site are owned, for the most part, by HCP. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and HCP.
HCP has created this Site to offer you a rich and diverse list of e-book titles as well as for your personal enjoyment, entertainment and education. If you reside outside the United States, please visit the HarperCollins e-books retail store in your market:
You are only authorized to purchase e-books, to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use, which constitute an Agreement between you and HCP. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at perfectbound@harpercollins.com.
CP reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Access and Use
The materials published on this Site and the e-books available on this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of the materials published on this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HCP or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting HCP in writing at HarperCollins Publishers Inc., Internet Development Group, 10 East 53rd Street, New York, NY 10022 or at perfectbound@harpercollins.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials published on this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
As for the e-books available on the Site, your payment of the required fees grants you a non-exclusive, non-transferable right to access and read the text of such e-book on-screen. No part of this text may be reproduced, transmitted, down-loaded, decompiled, reverse engineered, or stored in or introduced into any information storage retrieval system, in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of HCP. In addition, you are solely responsible for the use, protection and confidentiality of your password and Account ID, whether or not such use was actually or expressly authorized by you.
Linked Sites
If HCP has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that HCP is connected with, operates or controls these web sites.
HCP is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with HCP. When visiting other web sites, however, you should refer to each such Web site’s individual "Terms of Use" and not rely on this Agreement.
Disclaimer of Liability and Warranties
While HCP does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that HCP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site is accurate, error free or reliable; or that the e-books delivered to your personal computer, computer system, network or other device will not damage your hardware or any software or electronic files stored thereon.
You acknowledge that HCP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that HCP is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
Return Policy
e-books are non-returnable. However, HCP will refund the fees paid to consumers experiencing technical difficulty in downloading, installing, or accessing an e-book, provided that the consumer notifies HCP of the problem within 10 business days of the original transaction and HCP cannot fix it promptly. Please contact hcebsupport-us@overdrive.com if you encounter such problems.
Indemnity
You agree to defend, indemnify and hold harmless HCP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Other
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
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