The following terms and
conditions (the "Terms of Use") govern your use of this web site for the book I
AM AMERICA, by Stephen Colbert, at http://makemeamerica.com/
(the "Site" or "Web Site"). This
Site, and the privacy policy at http://www.hbgusa.com/legal/index.html are made
available by Hachette Book Group USA, Inc. ("HBG" or "we" or "us"). We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE
TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of
Use, you may not access or otherwise use the Site.
- 1.Proprietary Rights. As between you and HBG, HBG owns,
solely and exclusively, all rights, title and interest in and to the Site, all
the content (including, for example, audio, photographs, illustrations,
graphics, other visuals, video, copy, software, etc.), code, data and materials
thereon, the look and feel, design and organization of the Site, and the
compilation of the content, code, data and materials on the Site, including but
not limited to any copyrights, trademark rights, patent rights, database
rights, moral rights, sui generis rights and other intellectual property and
proprietary rights therein. Your
use of the Site does not grant to you ownership of any content, code, data or
materials you may access on the Site.
- Limited License. You may access and view the content on
the Site on your computer or other Internet compatible device, and make single
copies or prints of the content on the Site for your personal, internal use
only. The Site and the
services offered on or through the Site, including any content and materials thereon,
are only for your personal, non-commercial use.
- Prohibited Use. Any commercial distribution, publishing
or exploitation of the Site, or any content, code, data or materials on the
Site, is strictly prohibited unless you have received the express written prior
permission of HBG or the applicable rights holder. You may not otherwise download, display, copy, reproduce,
distribute, modify, perform, transfer, create derivative works from, sell or
otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or
the content, code, data or materials thereon, except as otherwise provided
above, you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to liability for
such unauthorized use. HBG will aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
- Trademarks. The trademarks, logos, service marks
and trade names (collectively the "Trademarks") displayed on the Web
Site or on content available through the Web Site are registered and
unregistered Trademarks of ours and others and may not be used unless
authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or
through the Web Site's services, if any, are the property of their respective
owners. Nothing contained on the
Web Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the Web Site
without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed
on the Site is strictly prohibited. HBG will aggressively enforce its Trademark rights to the fullest extent
of the law, including the seeking of criminal prosecution.
- User Information. In the course of your use of the Site,
you may be asked to provide certain personalized information to us (such
information referred to hereinafter as "User Information"). Our information collection and use
policies with respect to the privacy of such User Information are set forth in
the Site's http://www.hbgusa.com/legal/index.html, which is incorporated herein by reference for all
purposes. You acknowledge and
agree that you are solely responsible for the accuracy and content of User
Information, and you agree to keep it up to date.
- Submitted Materials. Unless specifically requested, we do not solicit nor
do we wish to receive any confidential, secret or proprietary information or
other material from you through the Site, by e-mail or in any other way. Any
information, creative works, demos, ideas, suggestions, concepts, methods,
systems, designs, plans, techniques or other materials submitted or sent to us
("Submitted Materials") will be deemed not to be confidential or secret, and
may be used by us in any manner consistent with the Site's http://www.hbgusa.com/legal/index.html
By submitting or sending Submitted Materials to us, you: (i) represent and
warrant that the Submitted Materials are original to you, that no other party
has any rights thereto, and that any "moral rights" in Submitted
Materials have been waived, and (ii) you grant us and our affiliates a
royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sublicensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such material (in whole or part) and/or
to incorporate it in other works in any form, media, or technology now known or
later developed. We cannot be
responsible for maintaining any Submitted Material that you provide to us, and
we may delete or destroy any such Submitted Material at any time.
- Prohibited User
Conduct. You warrant and
agree that, while using the Web Site and the various services and features
offered on or through the Web Site, you shall not: (a) impersonate any person
or entity or misrepresent your affiliation with any other person or entity; (b)
insert your own or a third party's advertising, branding or other promotional
content into any of the Web Site's content, materials or services (for example,
without limitation, in an RSS feed or a podcast received from HBG or otherwise
through the Web Site), or use, redistribute, republish or exploit such content
or service for any further commercial or promotional purposes; or (c) attempt
to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering,
"screen scraping," "database scraping," harvesting of e-mail addresses,
wireless addresses or other contact or personal information, or any other
automatic means of accessing, logging-in or registering on the Site or for any
services or features offered on or through the Site, or obtaining lists of
users or obtaining or accessing other information or features on, from or
through the Site or the services offered on or through the Site, including,
without limitation, any information residing on any server or database
connected to the Site or any services offered on or through the Site; (ii)
obtain or attempt to obtain unauthorized access to computer systems, materials,
information or any services made available on or through the Site through any
means; (iii) use the Site or the services made available on or through the Site
in any manner with the intent to interrupt, damage, disable, overburden, or
impair the Site or such services, including, without limitation, sending mass unsolicited
messages or "flooding" servers with requests; (iv) use the Web Site or the Web
Site's services or features in violation of HBG's or any third party's
intellectual property or other proprietary or legal rights; or (v) use the Site
or the Site's services in violation of any applicable law. You further agree that you may not
attempt (or encourage or support any one else's attempt) to circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with the Site or the Site's
services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the
Site in any manner that could damage, disable, overburden, or impair the Site
or interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made publicly available or provided for through the Site.
- Public Forums. HBG may, from time to time, make
messaging services, chat services, bulletin boards, message boards, blogs,
other forums and other such services available on or through the Web Site. In addition to any other rules or
regulations that we may post in connection with a particular service, you agree
that you shall not upload, post, transmit, distribute or otherwise publish
through the Web Site or any service or feature made available on or through the
Web Site, any materials which (i) restrict or inhibit any other user from using
and enjoying the Web Site or the Web Site's services, (ii) are fraudulent, unlawful,
threatening, abusive, harassing, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent, (iii)
constitute or encourage conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, national or
international law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, trade secret,
confidentiality, contract, patent, rights of privacy or publicity or any other
proprietary right, (v) contain a virus, spyware, or other harmful component,
(vi) contain embedded links, advertising, chain letters or pyramid schemes of
any kind, or (vii) constitute or contain false or misleading indications of origin,
endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether
actual or fictitious, including anyone from the Web Site or HBG. You alone are responsible for the
content and consequences of any of your activities.
- Right to Monitor and
Editorial Control. HBG reserves
the right, but does not have an obligation, to monitor and/or review materials,
in whole or in part, posted to the Web Site or through the Web Site's services
or features by users, and HBG is not responsible for any such materials posted
by users. However, HBG reserves
the right at all times to disclose any information as necessary to satisfy any
law, regulation or government request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in HBG's sole
discretion are objectionable or in violation of this Terms of Use, HBG's
policies or applicable law. We may
also impose limits on certain features of the forums or restrict your access to
part or all of the forums without notice or penalty if we believe you are in
breach of the guidelines set forth in this paragraph, our terms and conditions
or applicable law, or for any other reason without notice of liability.
- Private or Sensitive
Information on Public Forums. It
is important to remember that comments submitted to a forum may be recorded and
stored in multiple places, both on our Web Site and elsewhere on the Internet, and
are likely to be accessible for a long time and you have no control over who
will read them eventually. It is therefore important that you are careful and selective about the
personal information that you disclose about yourself and others, and in
particular, you should not disclose sensitive, proprietary or confidential
information in your comments to our public forums.
- Indemnification. You agree to defend, indemnify and hold
HBG and its directors, officers, employees and agents harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys' fees,
arising in any way from your use of the Site, your placement or transmission of
any message, content, information, software or other materials through the
Site, or your breach or violation of the law or of these Terms of Use. HBG reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with HBG's defense of such claim.
- You hereby represent and
warrant that, you are domiciled in the United States and you are 18 years old
or older.
- Third Party Web
Sites. You may be able to link
from the Web Site to third party web sites and third party web sites may link
to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the
information, content, products, services, advertising, code or other materials
which may or may not be provided by or through Linked Sites, even if they are
owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by
us of such web sites or the information, content, products, services,
advertising, code or other materials presented on or through such web
sites. Also, HBG is not
responsible for web casting or any other form of transmission received from any
linked web site. Any reliance on the contents of a third party web site is done
at your own risk and you assume all responsibilities and consequences resulting
from such reliance. These Terms of
Use only apply to this Site and you should always review the terms and
conditions of any third party site that you access through a link from this
Site.
- Infringement Notification.
We
respect the intellectual property rights of others, and require that the people
who use the Site do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please forward the following information to HBG's agent below:
Information to be submitted:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located, with a link if possible;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send notifications of claimed infringement to:
Elise S. Solomon
VP, Legal Affairs, Hachette Digital Media
and Senior Counsel
Hachette Book Group USA, Inc.
237 Park Avenue
New York, New York 10017
Telephone: 212-3640510
Email: copyrightiamamerica@hbgusa.com
- DISCLAIMER OF
WARRANTIES. THE SITE,
INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND
MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES,
EXPRESS AND IMPLIED. WE DO
NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR
MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. NO ADVICE,
RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. HBG ALSO ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF
ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE
INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE
RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON
THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE
THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE
INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY
INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE
SITE.
- LIMITATION OF
LIABILITY. IN NO EVENT,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HBG, ANY MEMBER OF THE HBG
FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT
OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO,
THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS
AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE
SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED
ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER
PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED
ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN
THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HBG FOR YOUR USE OF THE
SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
- Age. Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. In any case, users affirm that they are 13 years of age or older, as this site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning, if HBG discovers that a user is under 13 years of age.
- Applicable Laws.
We control and operate the Site from our offices in the United States of
America. We do not represent
that materials on the Site are appropriate or available for use in other
locations. Persons who
choose to access the Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to
the extent local laws are applicable. All parties to these terms and conditions waive their
respective rights to a trial by jury.
- Termination. HBG may terminate, change,
suspend or discontinue any aspect of the Site or the Site's services at
any time. HBG may restrict, suspend
or terminate your access to the Site and/or its services if we believe
you are in breach of our terms and conditions or applicable law, or for
any other reason without notice or liability. HBG maintains a policy that provides for the
termination in appropriate circumstances of the Web Site use privileges
of users who are repeat infringers of intellectual property rights.
- Changes to Terms
of Use. HBG reserves the
right, at its sole discretion, to change, modify, add or remove any
portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will
be effective when posted. Your continued use of the Site and/or the services offered on or
through the Site after any changes to this Terms of Use are posted will
be considered acceptance of those changes.
- Miscellaneous. The Terms of Use and the
relationship between you and us shall be governed by the laws of the
State of New York, without regard to its conflict of law provisions. You agree that any cause of
action that may arise under the Terms of Use or out of the use of this
Site shall be commenced and be heard in the appropriate court (state or
federal) in the State of New York, County of New York. You agree to submit to the
personal and exclusive jurisdiction of the courts located within New York
County in the State of New York. Our failure to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of
such right or provision. If
any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Use remain in
full force and effect.
Hachette Book Group USA, Inc.
October 1, 2007