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Rangana Store Terms of Use
Welcome to
Rangana Store
website (the "Rangana Store
Website"),
a site owned and operated by Rangana Store
llc and its affiliates ("Rangana Store").
These Terms of Use, along with policies and guidelines located
throughout the Rangana Store
Website identify what users of the Rangana Store Website ("Users") can expect from
Rangana Store,
Rangana Store
Providers (as defined below) and the Rangana Store
Website and what we expect from Users. By accessing any areas of
the Rangana Store
Website, Users are deemed to have accepted these Terms of Use
and other policies and guidelines identified throughout the
Rangana Store Website.
I. ONLINE CONDUCT
User agrees to use the Rangana Store Website only for lawful purposes. User is prohibited from
posting on or transmitting through the Rangana Store
Website 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 Rangana Store is notified of any book, information, data,
software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material on the Rangana Store Website
(collectively "Content") provided by User (e.g., through an
author chat or online review) that is allegedly infringing,
defamatory, damaging, illegal, or offensive, Rangana Store may
investigate the allegation and determine in its sole discretion
whether to remove or request the removal of such Content from
the Rangana Store Website. Rangana Store 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 Rangana
Store Website; or (iii) to protect the rights or property of
Rangana Store and its officers, directors, employees, agents,
third-party content providers, merchants, sponsors, and
licensors (collectively, "Rangana Store Providers") and any
other User.
Rangana Store reserves the right to prohibit conduct,
communication, or Content that it deems in its sole discretion
to be harmful to individual Users, ranganastore.com, the
Rangana Store Website, the communities that make up the Rangana
Store Website, or any rights of Rangana Store or any third
party, or to violate any applicable law. Notwithstanding the
foregoing, no Rangana Store Provider can ensure prompt removal
of questionable Content after online posting. Accordingly, no
Rangana Store Provider shall assume liability for any action or
inaction with respect to conduct, communication, or Content on
the Rangana Store Website.
II. PRIVACY POLICY
Rangana Store respects the privacy of its Users. The terms and
conditions of the Rangana Store 's Privacy Policy,
http://www.ranganastore.com/help/nc_privacy_policy.asp,
are incorporated herein by reference.
III. TRADEMARKS
rangana store ® ,rs.com®, edeals!®, The BN Top 100®, Barnes &
Noble®, Barnes & Noble.com, B&N University, Barnes & Noble
World, Digital Library, Books.com®, MYBNLINK®, WDL, Barnes &
Noble InPrint, Discover Great New Writers®, and Reader's
Advantage® are all trademarks or service marks of Rangana Store
or its licensor. All rights are reserved. These and other
graphics, logos, service marks, trademarks and trade dress of
Rangana Store and its licensors used on the Rangana Store
Website may not be used without prior written consent of Rangana
Store or its licensor, as the case may be. Without limiting the
foregoing, no Rangana Store trademark or trade dress may be used
in connection with any product or service that is not Rangana
Store��s, in any manner that is likely to cause confusion among
Users, or in any manner that disparages or discredits
ranganastore.com.
IV. CONTENT
a. Proprietary Rights
User acknowledges that the Rangana Store Website contains
Content that are 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 Rangana Store 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.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to
or otherwise distribute on the Rangana Store Website only
Content that is not subject to any copyright or other
proprietary rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization
for distribution on the World Wide Web. 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." The unauthorized submission or
distribution of copyrighted or other proprietary Content is
illegal and could subject the User to criminal prosecution as
well as personal liability for damages in a civil suit. User
will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising
from such submission. No Rangana Store Provider will be liable
for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such
User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an
infringement to Rangana Store at
[email protected]. 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 warrants that the owner of such Content has expressly
granted Rangana Store Providers, 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 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
Content. User also permits any other User to access, store, or
reproduce the Content for that User's personal use. Subject to
this grant, the owner of Content placed on the Rangana Store
Website retains any and all rights which may exist in such
Content.
c. Third-Party Content
Rangana Store is a distributor and not a publisher of Content
supplied by third parties and Users. Rangana Store has no more
editorial control over such Content than does a public library
or newsstand. 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 Rangana Store or its affiliates or any of their
officers, directors, employees, or agents. No Rangana Store
Provider guarantees the accuracy, completeness, or usefulness of
any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content available
through the Rangana Store Website represents the opinions and
judgments of the respective third party providing such Content.
Rangana Store neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement
made on the Rangana Store Website by anyone other than
ranganastore.com. Under no circumstances shall ranganastore.com, or
its affiliates, or any of their officers, directors, employees,
or agents be liable for any loss, damage or harm caused by a
User's reliance on information obtained through the Rangana
Store Website. It is the responsibility of User to evaluate the
information, opinion, advice, or other Content available through
the Rangana Store Website.
d. Export
The
U.S.
export control laws regulate the export and reexport 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 Rangana Store Website to either a
foreign national or a foreign destination in violation of such
laws.
V. AGE OF USERS
Rangana Store does not intend the Rangana Store Website to be
used by minors under the age of 13. Furthermore, Rangana Store
does not market the Rangana Store Website for use by minors
under the age of 13. Rangana Store relies upon parents or
guardians of Users under the age of 18 to determine if any
content or items available on the Rangana Store Website are
appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Rangana Store may suspend or terminate any User's access to all
or any part of the Rangana Store Website including any account
thereon, without notice, for any reason in Rangana Store 's sole
discretion, including without limitation Rangana Store 's belief
that such access would violate any applicable law or would be
harmful to the interests of any Rangana Store Provider or
another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Rangana
Store account password confidential and (ii) restricting access
to such User's computer. Each User agrees to accept full
responsibility for all activities that occur within such User's
Rangana Store account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE RANGANA STORE WEBSITE IS PROVIDED BY RANGANA STORE
PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH RANGANA STORE
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 RANGANA STORE PROVIDER MAKES
ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:
(I) AS TO THE OPERATION OF THE RANGANA STORE WEBSITE, OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON;
(II) THAT THE RANGANA STORE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY
OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE RANGANA STORE WEBSITE; OR (IV) THAT THE RANGANA
STORE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF
RANGANA STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO RANGANA STORE PROVIDER GUARANTEES THE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE RANGANA STORE WEBSITE OR
ANY RELATED SERVICES. THE OPERATION OF THE RANGANA STORE WEBSITE
MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL
OF ANY RANGANA STORE PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY RANGANA STOREPROVIDER BE
LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY
TO USE THE RANGANA STORE WEBSITE, INCLUDING BUT NOT LIMITED TO
RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE RANGANA
STORE WEBSITE 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 BARNES & NOBLE.COM'S RECORDS, PROGRAMS, OR SERVICES.
USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE RANGANA
STORE WEBSITE.
NO RANGANA STORE PROVIDER WILL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF THE RANGANA STORE WEBSITE OR THE PURCHASE OF ANY PRODUCT
THERE FROM, EVEN IF SUCH RANGANA STORE 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.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these Terms of Use
shall be held invalid or unenforceable in whole or in part in
any jurisdiction, 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.
X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Rangana Store in the
State of New York. As such, the laws of the State of New York
will govern these Terms of Use, without giving effect to any
principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit
to the exclusive jurisdiction of the courts of the State of New
York and of the United States of America located in the State of
New York for any litigation arising out of or relating to use of
or purchase made through the Rangana Store Website (and agrees
not to commence any litigation relating thereto except in such
courts), waives any objection to the laying of venue of any such
litigation in the New York Courts and agrees not to plead or
claim in any New York Court that such litigation brought therein
has been brought in an inconvenient forum.
XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this
Terms of Use (including any breach thereof), the Rangana Store
Website, any Content or any item purchased from the Rangana
Store Website shall be settled by confidential arbitration in
New York, New York administered by the American Arbitration
Association under its Commercial Arbitration Rules (including
without limitation the Supplementary Procedures for
Consumer-Related Disputes), and judgment on the award rendered
by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated
with any claim or controversy of any other party. The foregoing
shall not preclude Rangana Store from seeking any injunctive
relief in State or Federal courts located in the State of New
York for protection of Rangana Store 's or Rangana Store
licensor's intellectual property rights, and you consent to
exclusive jurisdiction and venue in such courts.
XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced here in,
represents the entire understanding between User and Rangana
Store regarding User's relationship with Rangana Store and
supersedes any prior statements or representations. When using
the Rangana Store Website or making a purchase there from, USER
AGREES TO BE BOUND BY THESE TERMS OF USE.
XIII. MODIFICATION
Rangana Store reserves the right to make changes to the Rangana
Store Website, posted policies and these Terms of Use at any
time without notice. These Terms of Use were last revised on
April 11, 2003.
Terms of Use, Copyright,
and
Privacy Policy
© 1997-2003 Rangana Store llc
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