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Terms of Service and Conditions of Use

Date of Last Revision: March 1, 2012

Please read these terms of service and conditions of use carefully before using the Random House family of websites (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads that are operated by us or our affiliates and vendors and that are made available by us (“Websites”). WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS (INCLUDING THE WEBSITES’ PRIVACY POLICY) WILL MEAN YOU ACCEPT THOSE CHANGES. This is a legal agreement between you (“you” or “user”) and Random House, an imprint of Random House LLC (“we”, “us”, or “Random House”) that states the material terms and conditions that govern your use of the Websites. This agreement, together with all updates, supplements, additional terms, and all of Random House’ rules and policies collectively constitute this “agreement” between you and Random House. BY ACCESSING THE RANDOM HOUSE WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.

Copyright and Ownership

The Websites are owned and operated by Random House and its affiliates and vendors. All of the content featured, displayed or offered for sale on the Websites, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (“Content”), is owned by Random House, its licensors, vendors and/or its content providers. All elements of the Websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which such web site is being made available. Except as may be otherwise indicated in specific documents within the Websites, you are Permissionsized to view, play, print and download documents, audio and video found on our web site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Websites. Except as Permissionsized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Websites. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites. The Websites, its Content and all related rights shall remain the exclusive property of Random House and its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.

Site Access License

Random House grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Websites or its content and not to download (other than page caching or unless otherwise allowed by Random House or permitted by law) or modify all or any portion of the Websites and its content. This license does not include any resale or commercial use of the Websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Websites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Websites and/or any portion of the Websites may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Random House’s express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Random House, its content providers or its affiliates without express written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites. Any unPermissionsized use automatically terminates the permissions and/or licenses granted by us to you.

Corporate Identification & Trademarks

All trademarks, service marks and trade names of Random House used herein (including but not limited to: the corporate names and logos of Random House and its publishing divisions and imprints, the Websites’ names, the Websites’ designs, and any logos) are trademarks or registered trademarks of Random House or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Random House trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without Random House’s prior written consent. The use of Random House trademarks on any other web site or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Websites so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Random House logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.

Links to Third Parties & No Endorsement

The Websites contains links to other web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Random House of, or any affiliation with, or endorsement by, the owner of the linked site. Random House is not responsible for the contents or use of any linked site, or any consequence of making the link. The Websites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Websites, and your use of such third party services is subject to the terms and policies of those services.

You shall not use Random House’s name or any language, pictures or symbols which could, in Random House’s judgment, imply Random House’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Fees

For all charges for any products and services sold on the Websites, Random House or its vendors or agents will bill your credit card or through an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the Permissionsized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Random House and its vendors or agents for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Websites.

Age of Users

All areas of the Websites that require registration or collect personal information from users are restricted to users that are over the age of 13. For our detailed policies on the use of the Websites by children under 13, please visit Random House’s Privacy Policy.

User Submissions

Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such (e.g. user generated content content, postings to forums, comments on content, participation in communities, etc.) to Random House that they have created for consideration in connection with the Websites and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Websites, you expressly grant Random House a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and Random House shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

All User Submissions must comply with any additional guidelines posted on the Websites, as applicable. User Submissions do not represent the views of Random House or any individual associated with Random House, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Random House’s endorsement of User Submissions. Random House does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Websites. Through your use of the Websites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Websites, you assume all associated risks.

Account Registration and Security

If you decide to register as a member of the Websites, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Random House has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Random House has the right to suspend or terminate your account and refuse any and all current or future use of the Websites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unPermissionsized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Web Site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

Forums and Public Communication

In addition to complying with any guidelines posted on the Websites, you are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Websites or through voice computer systems is expressly prohibited by these Terms of Use. Any such unPermissionsized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. You are further prohibited from:

• using profanity in any communications with other users;
• using the Websites to find the location of any other user other than for purposes of using your registration; or
• stalking, harassing or threatening other users.

Any forum on the Websites shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.

It is our policy to respect the privacy of all users. Therefore, in addition to the privacy of Registration Data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a user’s e-mail unless required in the course of normal maintenance of the Websites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Random House or the Websites; (2) protect and defend the rights or property of Random House, the Websites, or the users of Random House; or (3) act in an emergency to protect the personal safety of our guests, the Websites, or the public. Users shall remain solely responsible for the content of their messages and Random House shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Websites. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Websites.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Websites. We will fully cooperate with any law enforcement Permissionsities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Representations and Warranties

You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Websites. In connection with User Submissions, you affirm, represent and warrant the following: (i) You are over the age of 13 and have the right and Permissionsity to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Websites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iv) You have read, understood, agree with, and will abide by the terms of this agreement; (v) the User Submission and Random House’s use thereof as contemplated by these Terms of Use and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Random House or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

Termination

Random House may suspend or terminate any user’s access to all or any part of the Websites including any account thereon, without notice, for any reason in Random House’ sole discretion, including without limitation Random House’ belief that such access would violate any applicable law or would be harmful to the interests of Random House or another user. Upon termination, you will lose access to all the Websites and all content thereon.

Disclaimer & Limitation of Liability

Your use of and browsing of the Websites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE WEBSITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RANDOM HOUSE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE WEBSITES FOR ANY PURPOSE. RANDOM HOUSE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RANDOM HOUSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RANDOM HOUSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL RANDOM HOUSE OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE RANDOM HOUSE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE RANDOM HOUSE WEBSITES 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 UNPermissionsIZED ACCESS TO RANDOM HOUSE’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE RANDOM HOUSE WEB SITES.

IN NO EVENT SHALL RANDOM HOUSE OR ANY AFFILIATED RANDOM HOUSE ENTITY OR INDIVIDUAL OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF RANDOM HOUSE OR AN RANDOM HOUSE PermissionsIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RANDOM HOUSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE WEBSITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES.

Indemnification

You agree to defend, indemnify and hold Random House and its vendors, agents and affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you. Registered members of the Websites are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unPermissionsized use of their account or any other breach of security known to them.

Force Majeure

Neither Random House nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military Permissionsities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

The Websites are created and controlled by Random House in the State of New York, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the State of New York. By using this Web site, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the use of the Websites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Random House’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Additional Terms

Additional terms and conditions may apply to the purchase of product and other uses of the Websites. By using the Websites, you agree to such terms and conditions.

Entire Agreement

These terms and conditions are the entire agreement between the user and Random House and supersedes any prior understandings or agreements (written or oral).

Copyright Complaints

Random House and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

1. An electronic or physical signature of the person Permissionsized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Websites;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not Permissionsized by the copyright owner, its agent, or the law; and
6. 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 Permissionsized to act on the copyright owner’s behalf.

Our designated agent for notice for claims of copyright infringement is our Associate General Counsel who can be reached as follows: By mail: Min Lee, Random House LLC, New York, NY 10019. By phone: (212) 782-8955. By email: milee@randomhouse.com.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RANDOM HOUSE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA E-MAIL TO ECUSTOMERSERVICE@RANDOMHOUSE.COM. WHILE RANDOM HOUSE WILL TRY TO ANSWER ALL CUSTOMER SERVICE INQUIRIES, WE CAN NOT GUARANTEE SUCH RESPONSE.

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