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Welcome to the Allbarack.com website (the "Allbarack.com Site"), a website owned and operated by Allbarack.com llc. The terms and conditions stated below, along with the policies and guidelines located throughout the Allbarack.com Site (collectively herein the "Terms of Use") identify what you, as a user of the Allbarack.com Site ("you" or "User") can expect from Allbarack.com llc, its parent, subsidiaries, and affiliates (together referred to herein as "Allbarack.com"), and/or persons who provide products or services to Allbarack.com customers either directly or through Allbarack.com ("Allbarack.com Providers") and the Allbarack.com Site and what Allbarack.com in turn expects from Users. By visiting any area on the Allbarack.com Site, creating an account, making a purchase via the Allbarack.com Site, joining any allbarack.com online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to allbarack.com user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "Allbarack.com Services"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Allbarack.com Site immediately.
I. LICENSES AND RESTRICTIONS Allbarack.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Allbarack.com) of the contents of the Allbarack.com Site ("Content"). Additional terms and conditions apply to User Created Content, as that term is defined at Section XII below. Allbarack.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Allbarack.com Site so long as the link does not portray Allbarack.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:
II. TRADEMARKS Allbarack.com, allbarack.com, Inc., or their respective parents, subsidiaries, or affiliates, or third parties from whom Allbarack.com has permission, own the trademarks or service marks that are used on the Allbarack.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Allbarack.com and its licensors used on the Allbarack.com Site may not be used without prior written consent of Allbarack.com or its licensor, as the case may be. Without limiting the foregoing, no Allbarack.com trademark or trade dress may be used in connection with any product or service that is not Allbarack.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Allbarack.com. III. CONTENT Proprietary Rights User acknowledges that the Allbarack.com Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Allbarack.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. Third-Party Content Allbarack.com is a distributor and not a publisher of Content supplied by third parties and Users. Allbarack.com has no editorial control over such Content. Allbarack.com is not obligated to review Content, including User Created Content, as that term is defined at Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Allbarack.com or any Allbarack.com Provider, unless expressly stated otherwise. Neither Allbarack.com nor any Allbarack.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Allbarack.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Allbarack.com or any Allbarack.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Allbarack.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Allbarack.com Site. IV. EXPORT The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act — and not to transfer, by electronic transmission or otherwise, any Content derived from the Allbarack.com Site to either a foreign national or a foreign destination in violation of such laws and regulations. V. PRICES The price for an item on the Allbarack.com Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Allbarack.com Site. If the price for the item on the Allbarack.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Allbarack.com, Allbarack.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Allbarack.com. Any purchases from any third-party sellers on the Allbarack.com Site (e.g., sellers of products provided via allbarack.com BookQuest LLC) may be subject to different policies in the event of an incorrectly priced item. VI. RISK OF LOSS The risk of loss and title for all items purchased via the Allbarack.com Site pass to the User upon delivery of the item to the carrier. VII. PRODUCT DESCRIPTION The items offered for sale on the Allbarack.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Allbarack.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM Allbarack.com THAT IS NOT AS DESCRIBED ON THE Allbarack.com SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. VIII. AGE OF USERS Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use allbarack.com websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the allbarack.com websites, we will remove that information as soon as possible. IX. TERMINATION OF USAGE Allbarack.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Allbarack.com Site including any account thereon, without notice, for any reason in Allbarack.com's sole discretion, including without limitation violation of the Terms of Use, Allbarack.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Allbarack.com, any Allbarack.com Provider or another User. In certain cases, in Allbarack.com's sole discretion, Allbarack.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Allbarack.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Allbarack.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice. X. INDEMNITY User agrees to indemnify and hold Allbarack.com and each Allbarack.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Allbarack.com Site, the Allbarack.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party. XI. PASSWORD AND ACCOUNT SECURITY Every User that has an account on the Allbarack.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Allbarack.com account using an old e-mail address, such User will not receive messages from Allbarack.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Allbarack.com account or within the Allbarack.com interactive community. XII. INTERACTIVE COMMUNITY The Allbarack.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the allbarack.com Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Allbarack.com Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Allbarack.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Allbarack.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Allbarack.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question. Notwithstanding the foregoing, Allbarack.com assumes no responsibility for ongoing monitoring of the Allbarack.com Site or for removal or editing of any User Created Content, even after receiving notice. Allbarack.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. The Allbarack.com online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Allbarack.com does not specifically sponsor or endorse any of these sites or their services. You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Allbarack.com Site; Â involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Allbarack.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Allbarack.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Allbarack.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same. Interactive Community Users may upload to or otherwise submit to Allbarack.com for distribution on the Allbarack.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Allbarack.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Allbarack.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Allbarack.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Allbarack.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Allbarack.com retains any and all rights which may exist in such User Created Content. XIII. NOTICES User consents to receive electronic communications from Allbarack.com, whether addressed to the e-mail address associated with such User's Allbarack.com account or posted on the Allbarack.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Allbarack.com Site satisfies any legal requirement that such communications be made in writing. XIV. DISCLAIMERS AND LIMITATION OF LIABILITY Allbarack.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Allbarack.com Site or through the Allbarack.com Services, whether caused by Users of the Allbarack.com Site or the Allbarack.com Services or by any of the equipment or programming associated with or utilized in the Allbarack.com Site or the Allbarack.com Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of Allbarack.com. Profiles and third party applications created and posted by Users on the Allbarack.com Site may contain links to other websites. Allbarack.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Allbarack.com. Inclusion of any linked website on the Allbarack.com Services does not imply approval or endorsement of the linked website by Allbarack.com. When you access these third party sites, you do so at your own risk. Allbarack.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Allbarack.com Site or the Allbarack.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Allbarack.com is not responsible for the conduct, whether online or offline, of any User of the Allbarack.com Site or the Allbarack.com Services. Allbarack.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Allbarack.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Allbarack.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Allbarack.com Site or Services. Under no circumstances shall Allbarack.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Allbarack.com Site or Services, from any Content, including User Created Content, posted on or through the Allbarack.com services, or from the conduct of any Users of the Allbarack.com Site or Allbarack.com Services, whether online or offline. The Allbarack.com Site is provided by Allbarack.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Allbarack.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, neither Allbarack.com nor any Allbarack.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Allbarack.com Site, or the information, Content, including User Created Content, materials or products included thereon; (ii) that the Allbarack.com Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, or merchandise provided through the Allbarack.com Site; or (iv) that the Allbarack.com Site, its servers, or e-mails sent from or on behalf of Allbarack.com are free of viruses, scripts, trojan horses, worms or other harmful components. Allbarack.com does not guarantee the continuous, uninterrupted or secure access to the Allbarack.com Site or any related services. The operation of the Allbarack.com Site may be interfered with by numerous factors outside the control of Allbarack.com. Under no circumstances shall Allbarack.com or any Allbarack.com Provider be liable for any damages that result from the use of or inability to use the Allbarack.com Site, including but not limited to reliance by a User on any information obtained from the Allbarack.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Allbarack.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through the Allbarack.com Site. Neither Allbarack.com nor any Allbarack.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Allbarack.com Site or the purchase of any product therefrom, even if Allbarack.com or any Allbarack.com Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights. XV. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Allbarack.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. XVI. APPLICABLE LAW; JURISDICTION The Allbarack.com Site is created and controlled by Allbarack.com in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Allbarack.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts. XVII. DISPUTE RESOLUTION Any claim or controversy at law or equity that arises out of the Terms of Use, the Allbarack.com Site or any Allbarack.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Alternatively, at Allbarack.com's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. You are solely responsible for your interactions with other Users. Allbarack.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use. XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Allbarack.com, including User Created Content, infringe your copyright, you (or your agent) may send Allbarack.com a notice requesting that the material be removed or access to it blocked. The notice must include 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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Allbarack.com to locate the material on the Allbarack.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) 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 copyright owner, its agent or the law; and (f) 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 of an exclusive right that is allegedly infringed. XIX. ADDITIONAL TERMS AND CONDITIONS In addition to the policies and guidelines located throughout the Allbarack.com Site, the following policies are incorporated into the Terms of Use:
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Allbarack.com regarding User's relationship with Allbarack.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. XXI. MODIFICATION Allbarack.com reserves the right to make changes to the Allbarack.com Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on October 15, 2008. |
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