Use and Features Outline
Terms of Use
BOOKSINPRINT.COM™, BOOKSINPRINT.COM™ WITH REVIEWS, BOOKSOUTOFPRINT.COM™, GLOBALBOOKSINPRINT.COM™, GLOBALBOOKSINPRINT.COM™ WITH REVIEWS AND ULRICHSWEB.COM™ (INDIVIDUALLY, THE “WEB SITE”, IN COMBINATION, THE “WEB SITES”) ARE THE PROPERTY OF R.R. BOWKER LLC, A SUBSIDIARY OF CAMBRIDGE INFORMATION GROUP, INC. ("BOWKER"). THE WEB SITE(S) SPECIFIED IN SUBSCRIBER'S ORDER FORM ("ORDER FORM") ARE LICENSED TO SUBSCRIBER UNDER THE TERMS OF THIS TERMS OF USE ("TERMS OF USE"). The Web Sites are an electronic reference service of Bowker. "Authorized Users" means those staff, patrons, students, faculty, employees, or other users of Subscriber's library, academic, office or retail facilities who are authorized by Subscriber to access and use the Web Site(s) specified in Subsriber's Order Form either from the Licensed Locations specified in the Order Form or remotely (from locations other than the Licensed Locations) via a protected referral URL and/or a protected proxy server of Subscriber. Subscriber wishes to subscribe to the Web Site(s) and to allow Authorized Users to access and search the Web Site(s) for non-commercial purposes only. Subscriber agrees to be bound by all of the terms in this Terms Of Use. BOWKER EXPRESSLY DOES NOT AGREE TO OFFER THE WEB SITE(S) TO SUBSCRIBER UNLESS SUBSCRIBER AGREES TO HONOR THIS TERMS OF USE. COPYRIGHT AND LIMITATIONS ON USE The content available through the Web Sites (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) (“Content”) is the property of Bowker or its licensors and is protected by copyright and other intellectual property laws. The Web Sites are also copyrighted as collective works under United States copyright law. Content received through the Web Sites may be displayed, reformatted, and printed for non-commercial, scholarly or reference purposes only. Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content received through the Web Site to anyone other than Authorized Users. Notwithstanding the foregoing, Bowker acknowledges that Authorized Users of Subscriber may refer to (and include insubstantial excerpts of) materials provided hereunder in professional writings, consistent with the fair use doctrine of United States copyright law, and nothing herein restricts any such use provided that with such use Subscriber and Authorized Users must include all copyright and other proprietary notices placed upon the Content by Bowker. Subscriber and Authorized Users may not post any Content from the Web Sites to newsgroups, mail lists or electronic bulletin boards without the prior written consent of Bowker. To request consent for this or other matters, please contact Bowker at: TechSupport@bowker.com. The Web Sites include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Bowker and its Content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment. DISCLAIMER OF WARRANTIES AND LIABILITY DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE WEB SITES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE WEB SITES. BOWKER AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITES, OR BOWKER ITSELF. NEITHER BOWKER NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITES AND ANY CONTENT THROUGH THE WEB SITES. IN NO EVENT WILL BOWKER, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER, AUTHORIZED USERS, OR ANYONE ELSE IN RELIANCE ON SUCH CONTENT OR THE WEB SITES. BOWKER AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER AGREES THAT THE LIABILITY OF BOWKER, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEB SITES OR THE CONTENT IN THE WEB SITES SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO BOWKER FOR THE USE OF THE WEB SITES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. SUBSCRIBER AND AUTHORIZED USERS MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY BOWKER OR ITS AFFILIATES THROUGH THE WEB SITES. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY BOWKER OR ITS AFFILIATES IS BEYOND BOWKER'S CONTROL, AND BOWKER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES. BOWKER MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY PRODUCT OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO SUBSCRIBER OR AUTHORIZED USERS AS A RESULT OF SUBSCRIBER'S OR AUTHORIZED USERS' USE OF THE WEB SITES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES OR ITEMS. SUBSCRIBER OBLIGATIONS Subscriber will exercise commercially reasonable efforts to inform Authorized Users of the restrictions on the use of the Web Sites and Content and to enforce such restrictions. GOVERNING LAW Subscriber’s and Authorized Users' use of the Web Sites and the Content, and all related rights and obligations, shall be governed by the laws of the United States of America and the State of New Jersey, as if Subscriber’s and Authorized Users' use was a contract wholly entered into and wholly performed within the State of New Jersey. Any legal action or proceeding with respect to the Web Sites or any matter related thereto may be brought exclusively in the federal courts of the State of New Jersey. Subscriber accepts generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction. BOWKER'S CANCELLATION AND REFUND POLICY Subscriber agrees that Subscriber is liable for the full amount of the subscription(s) specified in Subscriber's Order Form unless Bowker is notified of cancellation within 30 days from the Start Date specified in the Order Form. Pro-rated credits for pre-paid subscriptions may be applied to subscription upgrades. V.2. Oct 2002.