TROLLCARNIVAL TERMS OF USE
Legal
Restrictions and Terms of Use Applicable to this Site Use of this
Site Signifies your Agreement to the Terms of Use.
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By
using this site, you signify your consent to these terms of use.
If you do not agree to these terms of use, please do not use the
site.
RESTRICTIONS
ON USE OF MATERIALS
This site is owned and operated by Scholastic
Inc. unless otherwise indicated the contents of carnivalbookclub.com
are the property of Scholastic Inc. ("Scholastic") and are protected,
without limitation, pursuant to U.S. and foreign copyright and trademark
laws. No material from carnivalbookclub.com may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way, except that you may download one copy of the materials on any
single computer for your personal non-commercial use only, provided
you keep intact all copyright and other proprietary notices. Modification
of the materials or use of the materials for any other purpose is
a violation of Scholastic's copyright, trademark, and trade secret
rights and others' proprietary rights. For purposes of this Agreement,
the use of any such material on any other Web Site or networked
computer environment is prohibited.
In
the event you download software from the site, the software including
any files, images incorporated in or generated by the software and
data accompanying the Software (together, the "Software") are licensed
to you by Scholastic. Scholastic does not transfer title to the
Software to you. As between you and Scholastic, Scholastic retains
full and complete right, title, and interest in and to the Software
and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse-engineer or disassemble the Software.
USER
CONDUCT
Derogatory, harmful or unlawful conduct is not
permitted on carnivalbookclub.com. Users are not permitted to upload
to, distribute through, or otherwise publish through carnivalbookclub.com
any content which is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal
or otherwise objectionable that would constitute or encourage a
criminal offense, violate the rights of any party, or that would
otherwise give rise to liability or violate any law.
Users
are solely responsible for the content of their messages. Scholastic
is not responsible the content or accuracy of any information posted
or transmitted by users of carnivalbookclub.com.
TERMINATION
This Agreement is effective until terminated
by either party. You may terminate this Agreement at any time by
destroying all materials obtained from carnivalbookclub.com and
all related documentation and all copies and installments thereof
whether made under the terms of this Agreement or otherwise. This
Agreement will terminate immediately without notice from Scholastic,
if in Scholastic's sole discretion you fail to comply with any term
or provision of this Agreement, if you are a repeat infringer of
any third party's rights, or if you engage in conduct that is illegal,
tortious or that interferes with the technological operation of
this site. Upon termination, you must destroy all materials obtained
from carnivalbookclub.com and all copies thereof, whether made under
the terms of this Agreement or otherwise.
DISCLAIMER
SCHOLASTIC MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO carnivalbookclub.com OR ITS CONTENTS, WHICH ARE
PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." SCHOLASTIC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO carnivalbookclub.com AND ANY WEB SITE WITH
WHICH IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS, INFORMATION
OR LINKS CONTAINED ON carnivalbookclub.com OR THAT ITS CONTENTS
WILL MEET YOUR REQUIREMENTS, THAT carnivalbookclub.com, OR ITS CONTENTS,
ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF carnivalbookclub.com
OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS
OR OTHER HARMFUL COMPONENTS. SCHOLASTIC DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS ON carnivalbookclub.com IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOLASTIC) 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.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL SCHOLASTIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON carnivalbookclub.com, EVEN IF SCHOLASTIC
OR A SCHOLASTIC AUTHORIZED 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 SCHOLASTIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING carnivalbookclub.com.
JURISDICTIONAL
ISSUES
carnivalbookclub.com is controlled and operated
by Scholastic from its offices in New York, United States of America.
Scholastic makes no representation that materials on carnivalbookclub.com
are appropriate or available for use in other locations. Those who
choose to access carnivalbookclub.com 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. Software
from this site is further subject to United States export controls.
No software from carnivalbookclub.com may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of)
Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country
to which the United States has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
OTHER
This Agreement shall be governed by and construed
in accordance with the laws of the State of New York, without giving
effect to any principles of conflicts of law. You and Scholastic
each agree to submit to the exclusive jurisdiction of the Courts
of the State of New York and the federal courts of the Southern
District of New York. If any provision of this Agreement shall be
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions. This
is the entire agreement between the parties relating to the subject
matter herein and shall not be modified except by writing, signed
by both parties.
PERMISSION
FOR REPRINTS
All material on carnivalbookclub.com without
limitation, is protected by U.S. and foreign copyright and trademark
laws. In order to receive permission to reprint any material on
carnivalbookclub.com (outside of personal, non-commercial use),
please write to:
Permissions
Department
557 Broadway
New York, NY 10012
COPYRIGHT
INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim
must be submitted to the following:
Charles B. Deull
Senior Vice President, General Counsel
Scholastic Inc.
557 Broadway
New York, NY 10012
Phone: (212) 343-6633
Email: cdeull@scholastic.com
The notification
must be in writing and include:
- A signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification
of each alleged infringing copyrighted work or works;
- Identification
of the allegedly infringing material and information reasonably
sufficient to enable us to locate such material;
- Information
reasonably sufficient to enable us to contact the party complaining
of an alleged infringement (e.g. an address, telephone number,
and email address);
- A statement
that the complaining party has a good-faith belief that use of
the allegedly infringing material in the manner complained of
is not authorized by the copyright owner, its agent, or the law;
and
- 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
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