Simon & Schuster Canada

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Terms of Use

The Effective Date of these Terms of Use is March 11, 2009.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These TOU only apply to SimonandSchuster.ca (the "Site") which is owned or controlled by Simon & Schuster Digital a division of Simon & Schuster, Inc. ("S&S" or "we," "our," or "us"), or other interactive features or downloads that are owned or controlled by S&S and are available through the Site or that interact with the Site and post these TOU. These TOU govern your use of the Site. These TOU do not apply to any other web site or any offline activities by S&S (unless specifically stated).

The Site is intended for use only by persons residing in Canada and information regarding products, services, and any promotions are applicable to Canada alone. By accessing or using this Site, you agree to the terms set forth in these TOU which constitute an agreement between you and S&S. If you do not agree with these TOU, you should leave the Site immediately. S&S reserves the right, in its sole discretion, to modify or otherwise update these TOU at any time and you agree to be bound by such modifications or updates. You agree to review these TOU on a periodic basis.

In some instances, both these TOU and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these TOU and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

PLEASE ALSO CAREFULLY REVIEW THIS SITE'S PRIVACY POLICY WHICH GOVERNS OUR COLLECTION AND USE OF INFORMATION ABOUT YOU.

Table of Contents

Intellectual Property Ownership of Site Materials
Your License to Use Materials on Our Site
Information/Content You Submit
Acceptable Use Policy: Community Usage Rules
Your Warranties
User Interactions and Disputes
Promotions
Third Party Links and Content
Linking Policy
Software and other Items Available For Download
No Unsolicited Manuscripts
Disclaimers of Warranties
Disclaimers/Limitation of Liability
Indemnification
Copyright Infringement Notification Process
Term and Termination
Location of Site and Territorial Restrictions
Governing Laws; Jurisdiction; Commencement of Actions
Entire Agreement, Termination and Modifications

1. Intellectual Property Ownership OF SITE MATERIALS
Unless otherwise explicitly specified, this Site and all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation, graphics, layout, text, instructions, images, audio, videos, designs, advertising copy, compilations, and the trade-marks, logos, domain names, trade names, and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Site, the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the "Materials") are owned, controlled or licensed by S&S, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trade-mark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of S&S, unless and except as is expressly provided in these TOU. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.

2. YOUR LICENCE TO USE MATERIALS ON OUR SITE

Subject to your strict compliance with these TOU, S&S grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all trade-mark, copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) with respect to any postings or other materials contributed by an S&S author on the Site, you are strictly limited to viewing such postings and materials; (e) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Site's software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (f) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience. The use of any Materials on any other web site or networked computer environment without S&S's express written consent is prohibited.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these TOU or S&S.

3. INFORMATION/CONTENT YOU SUBMIT

The Site may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content") to S&S or the Site (such as on "Discussion Boards" or "Reader Reaction").

Except as otherwise described in the Site's posted Privacy Policy, or other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. 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 TOU; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these TOU and grant S&S these licenses. Upon S&S's request, you will furnish S&S any documentation, substantiation or releases necessary to verify your compliance with these TOU. 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 grant to S&S the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that S&S is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or S&S, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without remuneration of any kind. You further perpetually and irrevocably grant S&S the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to S&S the right to sublicense and authorize others to exercise any of the rights granted to S&S under these TOU; and each such third party will be entitled to benefit from the rights and licenses granted to S&S under these TOU. You further authorize S&S to publish your User Content in a searchable format that may be accessed by users of the Site 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 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' licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at S&S's cost and expense, to which you hereby consent and irrevocably appoint S&S as your counsel of record, with the power of substitution and delegations, which appointment is coupled with an interest).

You further acknowledge and agree that S&S will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and S&S may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that S&S reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which S&S will not exercise editorial control except to enforce the rights of third parties when notice of such violations are directed to S&S's attention. No User Content posted on the Site need be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. You agree and understand that S&S is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

4. ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES

As a user of any of the Site's Discussion Boards, Reader Reaction or other community areas (“Community”), you agree that these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of users of the Community. Your participation in the Community is subject to all the TOU, including these Rules. Please follow these Rules as you upload any User Content, comment, reply, and create forum discussions with other members of the Community (collectively "Content"):

Content must be yours. All Content must be original with you, not copied from someone else's work, and you must have all rights in the Content; OR, all persons who contributed in any way or have any rights to your Content or otherwise appear in the Content have given you permission to upload and distribute the Content on the Site and elsewhere.

No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Site, 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 submit it You may not upload photos that contain minors.

Don't upload third party materials. Your Content should not contain any visible logos, phrases or trade-marks or other third party materials. Do not use any 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.

Do we hear music? Your Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.

Keep it relevant. Your Content should relate to the content on the Site, including without limitation, S&S's books or authors and should be intended to add to the discussion and community on the Site – it should not include irrelevant topics or postings.

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 Content might offend someone, chances are it probably will and it doesn't belong on the Community. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your Content may not threaten, abuse or harm others. Your Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.

Do not use the Community for commercial purposes. Your Content may not advertise or promote a product or service. You may not use your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.

Do not upload Content that is inappropriate or illegal. Your Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your Content, don't upload or post it. If you do upload or post 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 Content may not promote violence or describe how to perform a violent act.

Be honest and do not misrepresent yourself or your Content. Do not impersonate any other person, user or company or upload or post Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

Others are watching. We hope that you will use the Community to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and 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).

Don't share other people's personal information. Your 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 personal in nature.

Don't damage the Site or anyone's computers. Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.

You understand and acknowledge that S&S may from time to time monitor or review the Community. However, S&S has no obligation to monitor the content of the Community and assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this Site. S&S reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in its sole discretion are objectionable or in violation of these Rules.

5. YOUR WARRANTIES

You represent and warrant that: (i) all information you provide to S&S is accurate and complete; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these TOU. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.

6. USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Site, 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. 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.

7. PROMOTIONS

The Site may contain or offer contests or other promotions, which may be governed by a separate set of rules that describe the contest 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 contest or promotion.

8. THIRD PARTY LINKS AND CONTENT

There may be links from the Site, or communications you receive from the Site, to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE 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 ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

9. LINKING POLICY

S&S grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) may only link to a Site's home page unless S&S has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) must not imply that S&S or the Site is endorsing or sponsoring it or its products, unless S&S has given its prior written consent; (d) 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; (e) must not use any S&S trade-marks without the prior written permission from S&S; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in S&S's sole opinion); and (g) 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 TOU. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these TOU, S&S reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

10. SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD

Any items that we make available for download or use from the Site and/or our servers (the "Downloadable Items") are the copyrighted work of S&S or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these TOU and any Additional Terms related to such application.

11. NO UNSOLICITED MANUSCRIPTS

While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, S&S does not accept unsolicited manuscripts or story ideas sent to it through its Site, and takes no responsibility for any manuscript or ideas so transmitted.

12. DISCLAIMERS OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, S&S AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “S&S PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED 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 SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE 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 SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE S&S PARTIES DO NOT WARRANT THAT YOUR USE OF THIS 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 TOU.

BY ACCESSING OR USING THE 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 THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) 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 OBTAINED THROUGH THE SITE.

13. DISCLAIMERS/LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT S&S LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES WILL THE S&S PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE S&S PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM 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. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE S&S PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF S&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, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS 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 MATERIALS OWNED OR CONTROLLED BY THE S&S PARTIES.

You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

14. INDEMNIFICATION

You agree to defend, indemnify and hold the S&S Parties harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these TOU; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trade-mark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the S&S Parties' use of your information. You will cooperate as fully required by the S&S Parties in the defense of any claim. Notwithstanding the foregoing, the S&S Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. Further, the S&S Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the S&S Parties.

15. COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please contact S&S, using the contact information below, with the following information: (a) your complete contact information, including any alternative address that may be provided to the party alleged to be infringing; (b) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (c) identification of the work claimed to have been infringed, or, if multiple works are covered, a representative list of such works; (d) 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; (e) information reasonably sufficient to permit us to contact the complaining party; (f) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner ofan exclusive right that is allegedly infringed (“Notice”). Please send your Notice to S&S at Tracy.Woelfel@simonandschuster.com. This contact information is for enquiries regarding potential copyright or other intellectual property infringement only.

16. TERM AND TERMINATION

S&S reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if S&S believes your conduct fails to conform with these TOU. S&S also reserves the right to investigate suspected violations of these TOU, including, without limitation, any violation arising from any e-mails you send to the Site or S&S. Any violation of these TOU may be referred to law enforcement authorities.

Upon termination of your access to the Site, or upon demand from S&S, all rights granted to you under these TOU will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; and (b) destroy all materials obtained from the Site and all related documentation.

17. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject S&S to any registration requirement within such jurisdiction or country. S&S controls and operates the Site from offices located in the State of New York, United States of America and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in any location outside of Canada. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

18. GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS

THESE TOU AND THE INTERPRETATION OF THESE TOU WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TOU MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK CITY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED NEW YORK CITY, NEW YORK FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

19. ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS

S&S reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that S&S will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. S&S also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.

If any provision of these TOU is found to be unenforceable for any reason, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. S&S reserves the right to change, modify, amend and/or update these TOU at any time with or without prior notice. Any change or modification made by S&S will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by S&S. You should therefore periodically visit this page to review the most recent TOU.