1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title, and interest in and to the Services; all the content (including, without limitation, audio, text, photographs, illustrations, graphics, visuals, video, copy, and/or software), data, and materials made available through the Services (collectively, the “Content”); the look, feel, design, and organization of the Services; and the compilation of any Content on the Services, 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 Services does not grant to you any ownership of any Content you may access on the Services.
4. Trademarks. The trademarks, trade names, logos, and service marks (collectively, the “Trademarks”) displayed on any Services or Content are registered and unregistered Trademarks of us and others and may not be used unless authorized by the applicable Trademark owner. All Trademarks not owned by us that appear on or through the Services are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without our written permission or that of the applicable Trademark holder. Your misuse of the Trademarks displayed in the Services and Content is strictly prohibited. We will aggressively enforce our Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Your Representations and Warranties. You represent and warrant that, while using the Services, you will not (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding, or other promotional content into any Services or Content (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Services) or use, redistribute, republish, or exploit any such Service or Content for any of your commercial or promotional purposes; (iii) gain or attempt to gain unauthorized access to computer systems, materials, or information through the Services; (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of accessing, logging-in, or registering on any Services, or obtaining or accessing lists of users or other information or features on, from, or through any Services, including, without limitation, any information residing on any server or database connected to the Services; (v) use the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vi) use the Services in violation of our or any third party’s intellectual property or other proprietary, personal, or legal rights; (vi) use any Services in violation of any applicable law; (vii) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or Content or make unauthorized use thereof; or (viii) interfere with any other party’s use and enjoyment of any Service.
8. Public Forums and Blogs. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums, and similar services available on or through the Services. In addition to any other rules or regulations that we may post in connection with a particular Service, you agree that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which (i) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (ii) 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, (iii) 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, (iv) contain a virus, spyware, or other harmful component, (v) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (vi) 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 at Hachette. You alone are responsible for the content and consequences of any of your activities.
10. Private or Sensitive Information. Please do not disclose private, sensitive, proprietary, or confidential information about yourself or anyone else when using or interacting with any public-facing components of our Services. You agree that you will not provide any personal information about another individual if you do not have the permission of such individual to do so.
13. Ecommerce. The sale of products and services on or through the Services and your transactions are subject to additional sales terms and policies. For all charges for any products or services sold on or through the Services, our payment processor will bill your credit card. You will be charged at the time you place your order. We reserve the right at any time after receipt of your order, without prior notice to you, to decline or refund your order for any reason. When you provide credit card information to us or our vendors in connection with any purchase of our products or services, you represent to us that you are the authorized user of the credit card being used to pay for such products or services.
14. Infringement Notification.
We respect the intellectual property rights of others and require that users of our Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- Your address, telephone number, and e-mail 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 is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (this information, collectively, an “Infringement Notice”).
Please send any Infringement Notices to:
Hachette Book Group, Inc.
1290 Avenue of the Americas
New York, NY 10104
Attention: Legal Department
15. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “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 WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT ANY SERVICES WILL MEET USERS’ REQUIREMENTS. WE DO NOT ASSUME ANY RESPONSIBILITY, AND WE WILL 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 OF OUR SERVICES OR YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS CORRECT AND UP-TO-DATE, WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE SERVICES OR CONTENT, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE SERVICES OR CONTENT. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO THE SERVICES AND CONTENT AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
Hachette Book Group, Inc.
Effective Date: March 31, 2008
Last Updated: November 1, 2023