WBOL Terms and Conditions Use
TERMS AND CONDITIONS OF USE
The Web site for World Book Online ("Site") is owned by World Book, Inc. ("World Book").
Registration and Usage Authorization.
By using the Site, you represent to World Book that you are of legal age and capacity to enter into, and be bound by, this agreement.
World Book is not responsible for providing, maintaining and updating all access lines, telephones and computer equipment, including software, modems and/or other peripheral access devices, required for your access to the site.
Access to the Site.
be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Charges and Payment.
Unless otherwise agreed, all charges you incur for use of the Site will be charged to the credit card number provided by you at the time of purchase. If World Book Online does not receive payment from the card issuer, you agree to pay World Book Online all amounts due upon demand. World Book Online may take commercially reasonable actions to validate your credit card. You agree to pay all attorney and collection fees arising from World Book Online efforts to collect any past due amounts from you to the extent allowed by law.
Term and Termination.
The term of your subscription shall commence on World Book's acceptance of your registration and shall end after expiration of the time period for the subscription plan you selected as described in the "Subscription Plan" schedule.
You may only terminate your subscription, by following the instructions in the My Account section of the Site Web site, effective at the end of the then current term for the subscription plan you selected. You will not receive any refund of the subscription fee paid to World Book.
World Book may terminate your subscription at any time for any or no reason. If World Book terminates your subscription (other than for: a) your breach of this Agreement or the World Book Acceptable Use Policy or b) Your use of the Site in a manner which is disruptive, causes a malfunction of the Site, violates the intellectual property or privacy or publicity rights of World Book or a third party, or violates any other applicable laws and regulations), World Book shall refund to you, at World Book's option, either the full subscription fee you paid to World Book for your then current term or a pro rated portion of the subscription fee you paid to World Book for the unexpired portion of the term of your subscription. On the effective date of termination, all rights granted to you under the Agreement terminate immediately.
Changes and Notifications.
If you find any change World Book Online makes to be unacceptable, you may terminate your subscription to the Site in accordance with this Agreement. Your use of the Site after the effective date of a change constitutes your continued acceptance of the site Agreement and the Site, as changed.
The Site contains copyrighted animations, photographs, images, maps, charts, illustrations, videos, bubble views, text, music, sounds and other intellectual property of World Book Online and third party suppliers ("Content"). All rights, title and interest in and to the Content, including all applicable copyrights, trade secrets, patents and other intellectual property rights, are and shall remain vested in World Book Online and its suppliers.
Except to the extent expressly permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not:
Copy, use or download Content except to the extent permitted by the features of the Site
Reproduce and/or distribute Content except for educational, noncommercial or personal uses only provided that no changes or deletions are made to the Content, author attributions or proprietary notices in the Content
Decompile, reverse engineer, disassemble, or otherwise reduce the Content to a machine or human readable form
Reproduce the Content in any other medium or on any other server or location for further reproduction or redistribution.
Acceptable Use of the Site.
In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.
You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by World Book in writing. We post legal notices and various credits on pages of the Site, which may not be removed even from your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.
You further agree:
Not to publish, post, or otherwise distribute the login ID and password that has been established for use with your individual subscription(s) to World Book Online.
To notify the Site's Help Desk promptly if you suspect unauthorized use of the Site.
That you are responsible for the results obtained, and conclusions drawn, from your use of the Site.
To comply with all applicable laws, regulations, or conventions in using the Site, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.
That you are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, to any order issued by any agency of the U.S. Government (or any other government) limited barring, revoking or denying, in whole or in part, your export privileges and that you will notify World Book Online immediately in the event that you become subject to any such order.
And, not to export or re-export the Content, directly or indirectly, to any countries that are subject to USA export restrictions.
Deep Links; Linking.
You agree not to "deep-link" to the Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose, unless specifically authorized by World Book in writing to do so. If you do want to link to the Site in any manner, please contact World Book at firstname.lastname@example.org to seek approval.
You agree not to create any frames at any other Web site(s) pertaining to or using any of the Content for any purpose, unless specifically authorized by World Book in writing to do so.
Security, Cracking and Hacking.
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to:
Access data or materials not intended for you.
Log into a server or account which you are not authorized to access
Attempt to probe, scan or test the vulnerability of a system or network or service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site.
Violations of system or network security may result in civil or criminal liability. World Book reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
You Are Responsible for All of Your Activities and All of The Content You Post.
You represent and warrant that any information you post or provide to World Book by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any Content, products or configuration recommendations or product specifications, are not offered with any warranty or representation as to accuracy, performance or suitability for your intended purpose or compliance with applicable law. World Book expects that you will exercise caution, best product development practices, best manufacturing practices and engineering oversight in using information supplied through the Site. You agree NOT to use the Site for or in connection with any of the following activities:
Transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way.
Using the Site for any tortious, fraudulent or illegal purpose.
E-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including any materials that promote violence or assist in causing or carrying out such violence or materials that holds World Book or its employees, officers, directors, shareholders, affiliates or the Site up to public scorn or ridicule.
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.
Do Not Violate Third-Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to:
Transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it.
Transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them.
Transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others.
For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
World Book will place content ("Content") on the Site for you to examine from time to time. Examples of possible Content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by World Book on, through or in connection with the Site. Moreover, World Book attempts to display the Content in a way that will be easily accessible and useful for you, the user. All Content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of World Book, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all Content on the Site is the exclusive property of World Book and is protected by U.S. and international copyright laws. All software used on the Site is the property of World Book or its licensors and is subject to U.S. and international copyright laws and made available subject to the applicable end-user agreement, or, if none, the terms of this Agreement that refer to Content. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of World Book and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to World Book.
You agree that the content posted in chat rooms, bulletin boards, and similar forums ("Forums") is not endorsed by, and shall not be considered review, screened or approved by, World Book or any party on their behalf. However, World Book reserves the right for any reason to remove any such content and to restrict or deny, in its sole discretion, any user access Forums without notice.
The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Site or any of the pages of the site infringes on world book's and/or its licensors' copyrights. Do not use any such tools or products on or in connection with the Site!
The Site is generally available seven (7) days a week, However, World Book may, at anytime, without notice or liability, restrict the use of the Site or limit its availability in order to perform maintenance, update the Content or features, or for any other reasons, World Book deems appropriate.
The Content, services, information and access to the Site are provided "as is" and without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. World Book does not warrant that any part of the Site will operate uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Site and access to the Site will not be interrupted, discontinued or error-free. World Book does not warrant or make any representations regarding the use or the results of the use of the Site in terms of its quality, correctness, accuracy, reliability, or otherwise.
World Book expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third-party sites that link to or from the Site. World Book cannot be held responsible for the material contained on third party sites and/or related services nor does World Book make any representations or warranties as to the security of any information you might be requested to give to third-party sites.
Some jurisdictions do not allow the exclusion of implied warranties or conditions. Therefore, the above may not apply to you. In such jurisdictions, all such warranties and conditions are excluded and disclaimed to the full extent permitted by the law.
Limitation of Liability.
To the furthest extent permitted by law, under no circumstances including, without limitation, World Book's, its affiliates, licensors, or contractors negligence, shall World Book its affiliates, licensors, or contractors be liable for any damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and or incidental damages that result from your use or inability to use the Site, any content and/or any related software, even if World Book or an authorized World Book Representative has been advised of the possibility of such damages. Notwithstanding anything else contained in these terms, in the event the terms of this section, or any part of this section, shall be held invalid or unenforceable by a court of competent jurisdiction, in no event shall World Book's total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed one hundred dollars ($100). Further, you shall indemnify, defend and hold harmless World Book and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any Intellectual Property Rights of any person or entity.
Governing Law and Arbitration.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Chicago, Illinois under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the Site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Cook County, Illinois, U.S.A.
Waiver and Severability.
Furthermore, no delay or omission by World Book to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by World Book. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.