TERMS OF USE

This web site, located at http://www.HachetteBookGroup.biz (the "Site"), is owned and operated by Hachette Book Group, Inc. ("HBG" or "us" or "we"). By accessing or using this Site, you agree that the following terms and conditions (the "Terms of Use") govern your use of this Site. We may change these Terms of Use at any time. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.


Proprietary Services for Registered Users.

The material on this Site includes general non-proprietary information available to all users of the Site, as well as proprietary information for our authors, their authorized representatives and agents, booksellers, librarians, educators, publishers, and others with a need to have access to certain information to do business with HBG on an invite only basis. For example, HBG may make certain online ordering, inventory management, HBG Author and Agent Portals, and/or sales and marketing systems (collectively, the "Services") available to specific individuals and companies. In order to access the Services, these invited users will be required to register on the Site (the "Registered Users"). If you are invited to register to use the Services, you may be required to agree to additional terms and conditions in connection with the registration process.


Proprietary Rights.

HBG is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site, and is the owner or licensee of the content and/or information on the Site. Except as otherwise expressly provided herein, your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.


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 own use only. You may also download certain promotional materials that are made available for download from the Site (such as high resolution copies of cover images, press kits, and educator guides) (the "Promotional Materials"), for the sole purpose of promoting the work(s) to which the Promotional Materials relate, and provided that you may not modify or alter the Promotional Materials in any way without our prior written consent. You may not otherwise use the content or materials on the Site without prior written consent of HBG or the applicable rights holder.


Submitted Materials.

Unless specifically requested, we do not solicit nor do we wish to receive any material from you through the Site, by e-mail or in any other way, with the exception of materials uploaded by a Registered User through the Document Center. Any information or materials submitted or sent to us other than through the Document Center ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site's Privacy Notice.


User Conduct.

You warrant and agree that, while using the Site and the Services, you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or Services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes;
  • share or otherwise disclose your personal log-in credentials for the Site to anyone else;
  • 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
  • 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;
  • 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 the Services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
  • use the Site or the Services or features in violation of HBG's or any third party's intellectual property or other proprietary, personal or legal rights;
  • use the Site or the Services in violation of any applicable law;
  • 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 Services, or any content thereof, or make unauthorized use thereof;
  • 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; or
  • obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

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.


Third Party Web Sites.

You may be able to link from the Site to third party web sites and third party web sites may link to the 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. 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 send notifications of the claimed infringement to: Elise S. Solomon VP, Legal Affairs, Hachette Digital Media and Senior Counsel Hachette Book Group, Inc. 1290 Avenue of the Americas, New York, New York 10104 Telephone: 212-364-0510, email: copyright@hbgusa.com.



Notices of the claimed infringement should include the following information:

  • 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.

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 YOUR 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, YOUR USE OF THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS 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 NOTICE. 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, ITS PARENT OR ANY HBG AFFILIATE, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE TO YOU 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, THE SERVICES, 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.

You 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. You hereby represent and warrant that you are domiciled in the United States and you are 18 years old or older. In any case, you hereby represent and warrant that you are 13 years of age or older, as this Site is not intended for children under 13. Your right to participate in this site may be terminated without warning, if HBG discovers that you are under 13 years of age.


Applicable Laws And Jurisdiction.

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. These 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. Each of the parties irrevocably and unconditionally submits to the exclusive jurisdiction of the Supreme Court of the State of New York and of the United States District Court for the Southern District of New York. 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 Services at any time. HBG may restrict, suspend or terminate your access to the Site and/or the Services if we believe you are in breach of these 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 Site use privileges of users who are repeat infringers of intellectual property rights.


Miscellaneous.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms of Use remain in full force and effect.


Revised: 10.9.17