PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Amazon Services LLC ("Shelfari"), located at www.shelfari.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Shelfari, or its subsidiaries or affiliates, for products, services or otherwise.
Shelfari reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to questions@shelfari.com.
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Privacy Policy
Shelfari believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how Shelfari collects, uses and discloses personally identifiable information from its users.
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Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials provided by Shelfari on the Site, including, without limitation, the Shelfari logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Shelfari or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and, except as otherwise provided herein, does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Shelfari, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
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Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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Creative Commons License for Authors Unbound Content
All articles and other content in the Authors Unbound section of the Site (the "Authors Unbound Content") are made available here by the authors who contribute such content, and are licensed to you subject to the Creative Commons' Attribution-Noncommercial-Share Alike 3.0 License ("the CC License"). The CC License allows the Author's Unbound Content to be copied, modified, and redistributed by any organization or person for non-commercial purposes, so long as the re-published content: a) is available to others on the same terms; and b) attributes the Site (www.shelfari.com) as the source. To satisfy the attribution requirement, you may: a) for Internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from the Site; or b) for offline distribution, provide the URL of the content AND prominent attribution to Shelfari. Click here for the specific terms and conditions of such CC License, which are incorporated into these Terms of Use. If you submit any contributions to the Authors Unbound Content, you agree to license such contributions on the terms of the CC License as described in this Section, and you represent and warrant that you have the full right and authority to license such contributions on the terms of the CC License. Users should note that the CC License only applies to the copyright in the Author Unbound Content and there may be other rights and license that may be needed from third parties to use the Authors Unbound Content. The Authors Unbound Content is solely the responsibility of the user who contributes such content, and Shelfari makes no representations or warranties of any kind, express, implied or arising by law regarding the Authors Unbound Content, including without limitation warranties of title, merchantability, fitness for a particular purpose or noninfringement.
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Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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Copyright Complaints.
Shelfari respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
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Trademarks
SHELFARI, SHELFARI.COM, the Shelfari logo and any other product or service name or slogan contained in the Site are trademarks of Shelfari or its corporate affiliates and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shelfari or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Shelfari" or any other name, trademark or product or service name of Shelfari without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Shelfari and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
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Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Shelfari or any of its corporate affiliates or products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Shelfari logo or other proprietary graphic of Shelfari or any of its corporate affiliates to link to this Site without the express written permission of Shelfari. Further, you may not use, frame or utilize framing techniques to enclose any Shelfari trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Shelfari's express written consent. Except as noted above, Shelfari does not convey to you any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Shelfari or any corporate affiliate or third party.
Shelfari makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or web sites linking to the Site. Such sites are not under the control of Shelfari, and Shelfari is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Shelfari provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Shelfari of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
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Third Party Content
Shelfari may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Shelfari does not monitor or have any control over any Third Party Content or third party web sites. Shelfari does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Shelfari does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
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Advertisements and Promotions
Shelfari may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Shelfari, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Shelfari is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Shelfari advertisers on the Site.
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Submissions
You acknowledge and agree that any comments, suggestions, ideas, or other information about the Site, the Shelfari or Shelfari's products or services, provided by you in the form of email, postings or other submissions to Shelfari (collectively the "Submissions"), are non-confidential and shall become the sole property of Shelfari. Shelfari shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please note that Submissions do not include Authors Unbound Content or other User Content (as defined below) that you submit to the Site that does not consist of comments, suggestions, ideas or information pertaining to the Site or Shelfari, and you retain all rights you may have in such Authors Unbound Content or User Content, subject to the licenses you grant herein.
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User Content and Interactive Areas
The Site may include discussion forums, wikis or other interactive areas or services, including without limitation the Authors Unbound section of the Site ("Interactive Areas"), in which you or other users create, post or store content, messages, materials, data, information, text, music, sound, images, photos, graphics, code or other items on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Shelfari, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type.
Shelfari takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Shelfari liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the User Content is at your own risk. As a provider of interactive services, Shelfari is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Shelfari has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Shelfari reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with governmental requests, subpoenas or court orders, to protect Shelfari's systems and customers, or to ensure the integrity and operation of Shelfari's business and systems, Shelfari may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Shelfari's right to disclose any such information shall govern over any terms of Shelfari's Privacy Policy.
If you post User Content to the Site, unless we indicate otherwise, you grant Shelfari and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
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Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Shelfari, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Shelfari.
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Indemnification
You agree to defend, indemnify and hold harmless Shelfari, its corporate affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Shelfari, its corporate affiliates and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
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Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHELFARI, THE SITE, THE SITE MATERIALS (INCLUDING USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHELFARI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE OR THE SITE MATERIALS. SHELFARI DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SHELFARI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SHELFARI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE SHELFARIATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, SHELFARI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Shelfari reserves the right to change or delete any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Shelfari.
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Limitation of Liability
IN NO EVENT SHALL SHELFARI, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USER CONTENT OR THE OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHELFARI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 SHELFARI'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHELFARI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE USER CONTENT OR THE OTHER SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SHELFARI FOR ACCESS TO OR USE OF THE SITE.
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Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
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Termination
Notwithstanding any of these Site Terms, Shelfari reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time, and to block or prevent future your access to and use of the Site.
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Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
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Questions & Contact Information
Questions or comments about the Site may be directed to Shelfari at the email address questions@shelfari.com.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shelfari’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Shelfari that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
Shelfari’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Shelfari Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@shelfari.com
Courier address:
Copyright Agent
Shelfari Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
