There may be times when we offer a special feature that has its own terms and conditions that apply in addition these Terms, including sales terms for any purchase you may make through the Sites. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.
Use of the Site is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Site from time to time. S&S at its sole discretion reserves the right not to accept a user registering on the Site without assigning any reason thereof.
TABLE OF CONTENTS
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source, graphics, layout, text, instructions, images, audio recordings, videos, designs, and object code and the "look and feel" of the Sites ("Site Content") are owned, controlled or licensed by S&S, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of S&S as is expressly provided in these Terms. Note that in respect of some material additional copyright notices, information, or restrictions may be contained in the relevant part of the Website and you agree to accept and abide by these. Please note the restrictions on use of Author Material set out below. Any unauthorized use of the Site Content is prohibited.
In order to enhance the Site and your enjoyment and experience of it we may ask our authors to post material to the Site. The following will be known as "Author Material" (a) Author Voices; (b) Authors Revealed; (c) My life in 8 words; (d) Author Updates; (e) Mywebpost; (f) Authors blogs (g) all material which it is clear has originated from our authors; and (h) all material which is otherwise clearly indicated to be Material posted by our authors.
Your use of Author Material is limited. You are only permitted to view the Author Material on our Site. You are not permitted to otherwise use the Author Material in any way.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITES
You may visit our Sites without further permission from S&S and S&S grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
SOCIAL DISTRIBUTION AND WIDGETS
S&S may allow you—but only through express written permission—to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, a Site may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third party web site. You understand that only S&S can make claims, promises or statements on behalf of S&S about its products and services and agree not to do so. You also agree that you will not imply that you and S&S are affiliated in any way or that S&S approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labelled as an embed code) ("Widgets"). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
The Site is intended for use only by people residing in India and information on the Site relating to products, services, and any promotions are applicable to India only. We have separate websites which are directed at people in other jurisdictions. You can find the links to these on the home page. We make no representations or warranties that the information or services contained on the Site are appropriate for use or access outside India. Those based outside of India who access the Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; you should seek legal advice in cases of doubt.
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Site and shall not transact on or use the Site. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Site. S&S reserves the right to terminate your membership and / or refuse to provide you with access to the Site if it is brought to S&S’ notice or if it is discovered that you are under the age of 18 years. By using the Site, you warrant that you are 18 years of age or older (or have the consent of your parent or guardian to use the Website).
When you use the Site or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
YOU HEREBY AGREE THAT
1. The Site is merely a platform for providing information on various products and services and does not engage in any commercial activity with buyers or sellers. All commercial/contractual terms are offered by and agreed to directly between buyers and sellers on third party websites. The commercial/contractual terms may include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. S&S does not have any control over and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
2. S&S does not make any representation or Warranty as to quality, value, saleability, etc. of the products or services proposed to be sold or offered to be sold or purchased through the Site. S&S does not implicitly or explicitly support or endorse the sale or purchase of any products or services through the Site and accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. S&S is not responsible for any non-performance or breach of any contract entered into between buyers and sellers and shall not mediate or resolve any dispute or disagreement between buyers and sellers.
4. S&S does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of buyers or sellers and S&S does not at any point of time during any transaction between buyer and seller come into or take possession of any of the products or services offered.
5. You release and indemnify S&S and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Site and specifically waive any claims that you may have in this behalf under any applicable law.
S&S does not charge any fee for browsing and buying through the Site. S&S reserves the right to change its Fee Policy from time to time. In particular, S&S may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event S&S reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments for products and services.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use a Site for any purpose or in any manner that infringes the rights of any third party. S&S encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
If you believe that any content on a Site violates your rights other than copyrights, please provide S&S with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site to the Copyright Agent, whose details are provided below.
Simon & Schuster, LLC
Attn: Copyright Agent
1230 Avenue of the Americas
New York, NY 10020
Phone: (212) 698-7094
INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content publicly ("Community Forums"), including, without limitation, on "Discussion Boards" in connection with user reviews or a contest or promotion or through other interactive features on the Sites. The Community Forums allow users to post content (including, without limitation, photographs, writings, pictures, data, questions, comments, and suggestions) and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with S&S and Site users through the Sites (collectively, "User Content").
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant S&S the license below. Upon S&S's request, you will furnish S&S any documentation, substantiation or releases necessary to verify your compliance with these Terms.
S&S is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of S&S. S&S is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to S&S.
You remain the owner of your User Content, but you acknowledge that S&S must have a license from you in order to accept your User Content. Accordingly, you grant to S&S an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that S&S is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize S&S to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that S&S may be working on or developing material similar or the same in nature to your User Content and that S&S may have received similar or the same intellectual property rights from another party. S&S owes you no obligation connected to your submissions unless you and S&S enter a written agreement to that effect. Any discussion or negotiations between you and S&S regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that S&S has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that S&S will not have any obligation to you with regard to User Content and that S&S may or may not monitor, display or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. We recommend that you exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Usage Rules ("Rules"):
- About S&S. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Simon & Schuster, Simon & Schuster India, or www.simonandschuster.co.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of S&S or sellers on platform or otherwise tarnish or dilute any S&S' trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or S&S’ systems or networks, or any systems or networks connected to S&S.
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic, sexually explicit grossly harmful, harassing, blasphemous, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harm to minors in any way, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Compliance with law. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations.
- Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act including instructional information about illegal activities such as making or buying illegal weapons or committing of crimes.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information). YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect S&S’ views. In no event shall S&S assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Site. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. User Content shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. User Content shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
- Don’t directly or indirectly post anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.simonandschuster.co.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree you will not sell or otherwise transfer your membership or any membership rights www.simonandschuster.co.in and S&S cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. S&S reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site (including, but not limited to, Facebook). For example, the Sites may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on a Site, or a feature that lets you post to your social networking page a link to a Site Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party Site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. If you choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on a Site with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; that your use of these third party applications may cause information about you to be publicly disclosed; and that your use of any third party application is at your own option and risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
S&S grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that S&S or the Sites is endorsing or sponsoring any third party or its products or services, unless S&S has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in S&S’s sole opinion, harm S&S or its products or services; (d) must not use any S&S trademarks without the prior written permission from S&S; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in S&S's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, S&S reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
The Site may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding S&S. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify S&S of any changes to your mobile number and update your account(s) on the Sites to reflect this change. Instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., "STOP") to the applicable shortcode for the Mobile Feature.
DISCLAIMER OF WARRANTIES WAIVER
THE SITES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD OR LICENSED BY S&S THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, S&S AND ITS PARENT COMPANIES, AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "S&S PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND THE SITE CONTENT; (B) PRODUCTS SOLD OR LICENSED BY S&S THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO S&S OR VIA THE SITE. IN ADDITION, THE S&S PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE S&S PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE S&S PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE S&S PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE S&S PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE S&S PARTIES DO NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE S&S PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND. (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITES OR THE SITE CONTENT; (B) PRODUCTS OFFERED FOR SALE OR LICENSED BY S&S THROUGH THE SITE; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE S&S PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE S&S PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE S&S PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
IF SOME LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT WILL THE S&S PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO S&S FOR A PRODUCT ORDERED THROUGH THE SITES OR A THIRD PARTY WEBSITE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF S&S' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, BOOK, PROPERTY, PRODUCT, PROGRAM, SERVICE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE S&S PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE S&S PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU SHALL CONTINUE TO REMAIN BOUND BY THE SAME TO THE FULLEST EXTENT UNDER LAW.
The Sites do not offer products or services for sale or license and are merely a platform that connects you to third party websites that may offer the said products or services. You further agree and acknowledge that the Site and S&S are only facilitators and are not and cannot be a party to or control in any manner any transactions on any third party website. Accordingly, the contract of sale of products on the third party website shall be a strictly bipartite contract between you and the said third party website. Under no circumstances shall S&S or any of its affiliates, officers, directors, employees, etc., be responsible for any payments, taxes, duties, levies, etc., applicable on orders that have been placed by you or offered by you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, you are responsible to have the same verified from the concerned third party website prior to making your purchase.
S&S reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, if S&S believes your conduct violates these Terms. S&S also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or S&S. Any violation of these Terms may be referred to law enforcement authorities.
DISPUTES, GOVERNING LAW; JURISDICTION
Any dispute you have with S&S should be submitted to S&S's Grievance Officer within thirty days of the event giving rise to the dispute. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Simon & Schuster, LLC
Attn: Roxanne Miller
1230 Avenue of the Americas
New York, NY 10020
Phone: (212) 698-7000
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
The failure of S&S to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit S&S's rights with respect to such breach or any subsequent breaches. No waiver by S&S of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of S&S. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. S&S may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without S&S's prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against S&S by virtue of S&S having drafted them.
OUR RIGHT TO UPDATE THESE TERMS
S&S reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.