Terms & Conditions:
Welcome to the BackyardBookFair.com website (hereinafter referred to as the "Site"), a website owned and operated by BackyardBookFair.com, Inc..
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If BackyardBookFair.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and/or other material on the Site (collectively "Content") provided by User that is allegedly infringing, defamatory, damaging, illegal, or offensive, BackyardBookFair.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. BackyardBookFair.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of BackyardBookFair.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Providers") and any other User.
BackyardBookFair.com reserves the right to prohibit or restrict conduct, communication, or Content that BackyardBookFair.com deems in its sole discretion to be harmful to Users, BackyardBookFair.com, BackyardBookFair.com, the Site, the communities that make up the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.
LICENSES AND RESTRICTIONS
BackyardBookFair.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with BackyardBookFair.com) of the Site. BackyardBookFair.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of BackyardBookFair.com so long as the link does not portray BackyardBookFair.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
- commercially use the Site, the Content or any portion derivative thereof (unless User has a business relationship with BackyardBookFair.com);
- copy or download any User's account information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Site or its systems;
- use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose;
- interfere or attempt to interfere with the proper working of the Site;
- bypass any BackyardBookFair.com measures used to prevent or restrict access to any portion of the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BackyardBookFair.com;
- use BackyardBookFair.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require BackyardBookFair.com's express written consent (which may include a written agreement signed by an authorized representative of BackyardBookFair.com). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by BackyardBookFair.com.
BackyardBookFair.com is a trademark. All rights are reserved. This and all graphics, logos, service marks, trademarks and trade dress of BackyardBookFair.com and its licensors used on the Site may not be used without prior written consent of BackyardBookFair.com or its licensor, as the case may be. Without limiting the foregoing, no BackyardBookFair.com trademark or trade dress may be used in connection with any product or service that is not BackyardBookFair.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits BackyardBookFair.com.
User acknowledges that the Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BackyardBookFair.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Submission of Third-Party Content
Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to BackyardBookFair.com for distribution on the Site only (i) Content that is not subject to any copyright or other proprietary rights restrictions; (ii) Content in which the owner or licensor has given express authorization for BackyardBookFair.com to distribute over the Internet; or (iii) Content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." BackyardBookFair.com is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. No BackyardBookFair.com Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content. In accordance with the Digital Millennium Copyright Act, any User or other person can report an infringement to BackyardBookFair.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted BackyardBookFair.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content 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 Content. Subject to this grant, the licensor of Content submitted to BackyardBookFair.com retains any and all rights which may exist in such Content.
BackyardBookFair.com is a distributor and not a publisher of Content supplied by third parties and Users. BackyardBookFair.com has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of BackyardBookFair.com or any BackyardBookFair.com Provider, unless expressly stated otherwise. Neither BackyardBookFair.com nor any BackyardBookFair.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either BackyardBookFair.com or any BackyardBookFair.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws and regulations.
The price for an item on the Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of BackyardBookFair.com, BackyardBookFair.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by BackyardBookFair.com. Any purchases from any third-party sellers on the Site may be subject to different policies in the event of an incorrectly priced item.
RISK OF LOSS
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.
The items offered for sale on the Site contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. BackyardBookFair.com does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM BackyardBookFair.com THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
AGE OF USERS
BackyardBookFair.com does not intend the Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). BackyardBookFair.com relies upon Guardians to determine if any Content or items available on the Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Site only under the supervision of Guardian.
TERMINATION OF USAGE
BackyardBookFair.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in BackyardBookFair.com 's sole discretion, including without limitation BackyardBookFair.com 's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, BackyardBookFair.com, any BackyardBookFair.com Provider or another User.
In cases which BackyardBookFair.com deems in its sole discretion to be egregious, BackyardBookFair.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right use, access or create any account thereon; (ii) that BackyardBookFair.com refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with BackyardBookFair.com will be subject to the following conditions:
- Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
- BackyardBookFair.com will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
- BackyardBookFair.com shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or BackyardBookFair.com Gift Card) or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
User agrees that BackyardBookFair.com shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.
PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her BackyardBookFair.com account using an old e-mail address, such User will not receive messages from BackyardBookFair.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's BackyardBookFair.com account.
User consents to receive electronic communications from BackyardBookFair.com, whether addressed to the e-mail address associated with such User's BackyardBookFair.com account or posted on the BackyardBookFair.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE BackyardBookFair.com SITE IS PROVIDED BY BackyardBookFair.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH BackyardBookFair.com PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO BackyardBookFair.com PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BackyardBookFair.com SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF BackyardBookFair.com ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
BackyardBookFair.com DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BackyardBookFair.com.
UNDER NO CIRCUMSTANCES SHALL ANY BackyardBookFair.com PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BackyardBookFair.com SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE BackyardBookFair.com SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BackyardBookFair.com'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE BackyardBookFair.com SITE.
NO BackyardBookFair.com PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE BackyardBookFair.com SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH BackyardBookFair.com PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW; JURISDICTION
Each of BackyardBookFair.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York or in the United States county where the defendant is located (in the case of BackyardBookFair.com, New York County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in New York County, New York).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
ADDITIONAL TERMS AND CONDITIONS
- Privacy Policies (also accessible via a link on the bottom of the BackyardBookFair.com Site pages)
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