When using particular services or features of the Sites, in addition to these Terms, a separate guidelines document, payment terms or end user license agreement may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
- OWNERSHIP OF SITE CONTENT
- YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
- SOCIAL DISTRIBUTION AND WIDGETS
- REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
- INFORMATION AND CONTENT YOU SUBMIT
- USER INTERACTIONS AND DISPUTES
- ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
- MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
- THIRD PARTY LINKS, CONTENT AND APPLICATIONS
- LINKING POLICY
- DISCLAIMER OF WARRANTIES WAIVER
- LIMITATION OF LIABILITY; WAIVER
- LOCATION OF SITES AND TERRITORIAL RESTRICTIONS
- ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS
- SPECIAL TERMS FOR APPLE iOS USERS
- SPECIAL TERMS FOR PIMSLEUR SUBSCRIPTIONS
- OUR RIGHT TO UPDATE THESE TERMS
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites ("Site Content") are owned, controlled or licensed by S&S, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of S&S as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITES
You may visit our Sites without further permission from S&S and S&S grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
SOCIAL DISTRIBUTION AND WIDGETS
S&S may allow you – but only through express written permission –to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, a Site may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third party web site. You understand that only S&S can make claims, promises or statements on behalf of S&S about its products and services and agree not to do so. You also agree that you will not imply that you and S&S are affiliated in any way or that S&S approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use a Site for any purpose or in any manner that infringes the rights of any third party. S&S encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), S&S has a designated agent for receiving notices of copyright infringement and S&S follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide S&S's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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.
If you believe that any content on a Site violates your rights other than copyrights, please provide S&S with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or other complaint regarding alleged violation of rights to S&S’s copyright agent, who can be reached as follows:
Name: Tracy Woelfel, Copyright Agent
Mailing Address: Simon & Schuster, Inc., 1230 Avenue of the Americas, 17th Floor, New York NY 10020-8510
Phone: (212) 698-7094
Fax: (212) 698-7171
E-mail Address: Tracy.email@example.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
S&S will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content publicly ("Community Forums"), including, without limitation, on “Discussion Boards” in connection with user reviews or a contest or promotion or through other interactive features on the Sites. The Community Forums allow users to post content (including, without limitation, photographs, writings, pictures, data, questions, comments, and suggestions) and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with S&S and Site users through the Sites (collectively, "User Content").
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant S&S the license below. Upon S&S's request, you will furnish S&S any documentation, substantiation or releases necessary to verify your compliance with these Terms.
S&S is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of S&S. S&S is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to S&S.
You remain the owner of your User Content, but you acknowledge that S&S must have a license from you in order to accept your User Content. Accordingly, you grant to S&S an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that S&S is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize S&S to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that S&S may be working on or developing material similar or the same in nature to your User Content and that S&S may have received similar or the same intellectual property rights from another party. S&S owes you no obligation connected to your submissions unless you and S&S enter a written agreement to that effect. Any discussion or negotiations between you and S&S regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that S&S has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that S&S will not have any obligation to you with regard to User Content and that S&S may or may not monitor, display or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Usage Rules ("Rules"):
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. S&S reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you. Various updates or upgrades may be offered to you, and may be offered to you for a separate fee, and the applicable updates or upgrades may be accompanied by additional terms and conditions. You are under no obligation to accept any update or upgrade for which a fee may be charged; provided, however, that you acknowledge that S&S may, in its sole discretion, cease to operate any of the Sites or features within the Sites or older versions of the features and Sites. S&S reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features, including third party stores selling or licensing S&S products. When you purchase S&S products or services through such a third party store, your billing relationship will be with the third party and additional terms imposed by the third party may apply to your purchase. The Site also may include third party content that we do not control, maintain or endorse.
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site (including, but not limited to, Facebook). For example, the Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on a Site, or a feature that lets you post to your social networking page a link to Site Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party Site. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect a Site or your profile on a Site with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed. NEITHER S&S NOR ITS SERVICE PROVIDERS ARE RESPONSIBLE FOR THE PRACTICES OF ANY THIRD PARTY. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT S&S IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR INTERACTION WITH ANY THIRD PARTY.
S&S grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that S&S or the Sites is endorsing or sponsoring any third party or its products or services, unless S&S has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in S&S’s sole opinion, harm S&S or its products or services; (d) must not use any S&S trademarks without the prior written permission from S&S; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in S&S's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, S&S reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
DISCLAIMER OF WARRANTIES WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD OR LICENSED BY S&S THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, S&S AND ITS PARENT COMPANIES, AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "S&S PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND THE SITE CONTENT; (B) PRODUCTS SOLD OR LICENSED BY S&S THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO S&S OR VIA THE SITE. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE S&S PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE S&S PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE S&S PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE S&S PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE S&S PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE S&S PARTIES DO NOT ENDORSE USER CONTENT OR COLLABORATIVE CONTENT AND ARE NOT RESPONSIBLE FOR USER CONTENT OR COLLABORATIVE CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE S&S PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO: (A) THE SITES OR THE SITE CONTENT; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE S&S PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE S&S PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN NO EVENT WILL THE S&S PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO S&S FOR A PRODUCT ORDERED THROUGH THE SITES OR, IN THE EVENT THERE HAS BEEN NO AMOUNTS PAID BY YOU, THE AMOUNT OF TEN UNITED STATES DOLLARS ($10.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE S&S PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE S&S PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY S&S PARTIES, OR FOR THE S&S PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF S&S'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, BOOK, PROPERTY, PRODUCT, PROGRAM, SERVICE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE S&S PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE S&S PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. S&S may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Sometimes the Sites may offer products or services for sale or license via an in-app or similar purchase where the transaction is facilitated by the operator of a third party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, S&S shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. S&S shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, S&S will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify S&S's acceptance of your order, nor does it constitute confirmation of S&S's offer to sell. S&S reserves the right at any time after receipt of your order to accept or decline your order for any reason. S&S reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. S&S may require additional verifications or information before accepting any order.
S&S reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, if S&S believes your conduct violates these Terms. S&S also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or S&S. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF SITES AND TERRITORIAL RESTRICTIONS
S&S controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject S&S to any registration requirement within such jurisdiction or country. Anyone using or accessing the Sites from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) 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 any software related to this Site, 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.
ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS
These Terms and all claims arising from or related to your use of the Sites will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. Any dispute you have with S&S should be submitted to S&S's Legal Department within thirty days of the event giving rise to the dispute. The Legal Department can be contacted via postal mail at Simon & Schuster, Inc., Attn: Legal Dept., 1230 Avenue of the Americas, New York, NY 10020. Please allow thirty days for S&S to address your complaint prior to filing arbitration as set forth below. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from applying.
Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where S&S is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and S&S (whether or not such dispute involves a third party) with regard to these Terms or your use of the Sites, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor S&S will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, New York law. The arbitration will be conducted in New York, NY, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either S&S or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. S&S will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration. In all cases, you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in New York, NY and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The failure of S&S to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit S&S's rights with respect to such breach or any subsequent breaches. No waiver by S&S of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of S&S. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. S&S may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without S&S's prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against S&S by virtue of S&S having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by S&S. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties Waiver, Limitation of Liability; Waiver and Arbitration).
SPECIAL TERMS FOR APPLE iOS USERS
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using any S&S application on an Apple iOS device: You understand that these Terms are between you and S&S only and not Apple, Inc. (“Apple”), but that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. You understand that, should the App fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the App’s purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the App. Apple is not responsible for any claim that the App or your use thereof infringes a third party’s intellectual property rights. If you have any questions or concerns regarding the App, please contact S&S as described above
SPECIAL TERMS FOR PIMSLEUR SUBSCRIPTIONS
Effective date: March 21, 2018
1. Account Information. If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. You are responsible for maintaining the confidentiality of your user account login names and password and for restricting access to your computer and other devices, as applicable, so that others may not access your account, and we will not be responsible for your failure to do so. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
2. Age Limitations. Individuals under the age of majority in their state of residence (which is 18 in most states) are not eligible to purchase a Pimsleur Subscription.
3. Device Access and Requirements. You shall not access your subscription to the Pimsleur Subscription Services (your “Pimsleur Subscription”) on more than four (4) devices. S&S retains the right, but not the obligation, to monitor the Pimsleur Subscription Services to determine compliance with these Subscription Terms, including without limitation the number of downloads or log-ins, and any operating rules established by S&S and to satisfy any law, regulation or authorized government request. To see if Pimsleur Subscription products are accessible with your specific device, visit www.pimsleur.com/c/pimsleur-coursemngrapp.
4. Payment. The purchase of Pimsleur Subscriptions is only available to customers with billing addresses in the United States. The Fees charged to your Payment Method (both terms defined below) may vary from billing period to billing period due to changes in your subscription plan or applicable taxes, and you authorize S&S to charge your Payment Method for these amounts. If you purchase directly from Pimsleur, you can access and edit your credit card or PayPal information (“Payment Method”) used to pay for your Pimsleur Subscription on the Pimsleur.com website. To do so, click on the “Your Account” link, which appears at the top of each page of the site, log in, and then follow the links to the “Details” section of the active Subscription you would like edit. For any 3rd Party Platform Purchase, your billing relationship will be directly with the applicable distributor (defined in Section 14). The applicable third-party distributor will charge you for any fees incurred and you must contact the distributor to make any changes to your payment method.
4.1 Recurring Subscriptions. S&S may offer recurring Pimsleur Subscriptions in one or more term lengths (e.g., monthly, six-month, annual, etc.). These Pimsleur Subscriptions automatically renew at the end of each term unless cancelled in accordance with these Subscription Terms (or otherwise terminated in accordance with the Terms). The term lengths available and the Fees for each will be as described on the Sites. By providing Payment Method information for your recurring Pimsleur Subscription, you are agreeing to pay the periodic subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of your Pimsleur Subscription. The Fees will be charged to your Payment Method automatically at the beginning of your Pimsleur Subscription (or, as described in Section 9, at the end of your Trial Period or the close of your Introductory Rate period, where applicable), and at the beginning of each renewal period thereafter, unless you cancel your Pimsleur Subscription or the Pimsleur Subscription and/or Service is suspended or terminated pursuant to these Terms. S&S reserves the right to change the pricing of Pimsleur Subscription products at any time. In the event of a price change, S&S will attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your Pimsleur Subscription as described in Section 6. If you do not cancel your Pimsleur Subscription after the price change and prior to the start of your new Subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize Pimsleur to charge your Payment Method for these amounts. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify S&S within 60 days after they are posted to Your Account under the Payment History section specific to a given Pimsleur Subscription. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
4.2 Fixed Term One-Time Subscriptions. S&S may, in addition to or in place of recurring Pimsleur Subscriptions, offer other fixed-term, one-time Pimsleur Subscription options that do not automatically renew at the end of the subscription term. By providing Payment Method information for your fixed-term, one-time Pimsleur Subscription, you are agreeing to pay a one-time subscription fee for the subscription period and any applicable taxes and service fees in connection with your use of the Pimsleur Subscription. Fixed-term, one-time Pimsleur Subscriptions cannot be cancelled and are not eligible for a refund. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify S&S within 60 days after they are posted to Your Account under the Payment History section specific to a given Subscription. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
5. No Refunds. ALL FEES ARE NON-REFUNDABLE, except as provided for under Pimsleur’s 30-day Money-Back Guarantee pursuant to the terms set forth here. As described further in Section 6, and unless subject to specific terms for 3rd Party Platform Purchases as set forth in Paragraph 14, even if you cancel your Pimsleur Subscription during a subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
6. Cancellation of Recurring Subscription. You can cancel your recurring Pimsleur Subscription at any time by contacting us at (800) 578-8284 24 hours a day, seven days a week, or by logging in to your account at accounts.pimsleur.com, locating the specific Pimsleur Subscription under “Subscriptions”, clicking on the “Cancel Subscription” link for that Subscription, completing the “Cancel Subscription” form, and clicking “Confirm” on that page. If you cancel your Pimsleur Subscription during a free Trial Period (defined below), access to your Pimsleur Subscription will immediately terminate. If you cancel your Pimsleur Subscription after a Trial Period (should there be one) and during a paid subscription period, the cancellation will go into effect at the end of the then-current billing period. You will have continued access to your Pimsleur Subscription for the remainder of your paid billing period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your Pimsleur Subscription no later than 11:59 PM Eastern Time on the last day of your current subscription period to avoid paying the Fees for the next subscription period. (For the purpose of clarity and without limiting the foregoing, if your Pimsleur Subscription is scheduled to renew on January 1st, you must cancel by 11:59 PM ET on December 31st to avoid being charged for a renewal.) After cancellation of your Pimsleur Subscription, you will continue to owe any accrued amounts due under these Subscription Terms and not yet paid.
7. Payment Failure for Recurring Subscriptions. If you fail to pay any renewal Fees as a result of expiration of your Payment Method, insufficient funds, or otherwise, your Pimsleur Subscription may automatically be cancelled and access will be discontinued. (After an initial payment failure, S&S may, in its sole discretion, make additional attempts to charge your payment method for any outstanding Fees before electing to cancel your Pimsleur Subscription.) In the event of cancellation, the status of your Pimsleur Subscription in the Subscription History section of Your Account on Pimsleur.com will indicate “Cancelled”. You will need to repurchase a new Pimsleur Subscription to regain access and no new introductory offers will be available. Your lesson history from the cancelled Pimsleur Subscription will be retained if you subsequently purchase the identical Pimsleur Subscription under the identical user name and password.
8. Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Unless otherwise stated in the promotion’s terms and conditions, promotional codes can only be used once, cannot be redeemed for cash, must not be offered for sale or other consideration, are not redeemable for 3rd Party Platform Purchases, and may be combined with other offers, subject to certain restrictions as determined by S&S in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
9. Introductory Offers. S&S may, but is under no obligation, to make available introductory offers for new or certain former subscribers at its sole discretion. Introductory offers may include a free Trial Period or a discounted Introductory Rate (each as described and defined below).
9.1 Trial Period. S&S may provide a limited free trial period (“Trial Period”) to new subscribers and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. S&S reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period offer. If S&S provides you with a Trial Period, you must provide valid Payment Method information to S&S in order to access your Pimsleur Subscription product during the Trial Period. S&S will not charge you in connection with the Trial Period. If you do not cancel your Pimsleur Subscription by the last “day” (defined below) of your Trial Period, you authorize S&S to begin your paying Pimsleur Subscription and automatically charge your Payment Method for your first periodic Fee at the end of your Trial Period. A “day” for the purposes of these Subscription Terms and as relates to trial subscriptions begins at 12:01 AM Eastern Time on the day you complete the sign-up process, regardless of what time of day you actually sign up. S&S WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO 11:59 PM ET ON THE LAST “DAY” OF YOUR TRIAL PERIOD. You will only have one Trial Period before you must begin paying for your Pimsleur Subscription. If you exceed this limit, S&S may charge your Payment Method for any Trial Period after the first, or suspend your use of the Pimsleur Subscription, in its sole discretion.
9.2. Introductory Rate. S&S may also offer an introductory discount on Fees for a specified period (“Introductory Rate”) to new subscribers and certain former subscribers at its sole discretion, but is under no obligation to do so, and Introductory Rates may not be available at all times. S&S reserves the right, in its absolute discretion, to determine your eligibility for an Introductory Rate. The specific terms of the Introductory Rate will be stated in the marketing material describing the particular introductory offer. Following the end of the Introductory Rate period, your Pimsleur Subscription will automatically renew at the then-applicable full Fees for the Pimsleur Subscription type that you have selected. S&S WILL NOT SEND YOU NOTICE THAT YOUR INTRODUCTORY RATE HAS ENDED. IF YOU WISH TO AVOID ADDITIONAL CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL YOUR PIMSLEUR SUBSCRIPTION PRIOR TO RENEWAL AS DESCRIBED IN SECTION 6 ABOVE. Limit one (1) Introductory Rate offer per person and per email address. If you exceed this limit, S&S may charge your Payment Method for the full Fees for the Pimsleur Subscription you have selected, or suspend your use of the Pimsleur Subscription, in its sole discretion.
10. Quality of Service. The perceived quality of the audio content is dependent on the playback quality of the device, the type and level of ambient noise surrounding the user, and the quality of any external speakers/headphones used. Different people may perceive significant differences in audio quality depending on these factors. The speed to download your Pimsleur lessons is dependent on the speed of your Internet connection.
11. Updates and Testing. S&S reserves the right to update and change Pimsleur Subscription content and features at any time. In addition, S&S reserves the right to test various aspects of Pimsleur Subscriptions. S&S reserves the right to, and by using our Pimsleur Subscription Services you agree that we may, include you in or exclude you from these tests without notice.
12. Pimsleur Subscription-specific Emails. S&S may send you emails regarding the Site Content or your Pimsleur Subscription from time to time. You agree that S&S may send you these types of emails to the email address that you provide. Because these emails are necessary for you to access your Pimsleur Subscription, you agree that you will receive these emails even if you have opted out of receiving other email from S&S. If you do not want to receive these types of emails, you may cancel your Pimsleur Subscription at any time as provided in Section 6.
13. Access to Subscription Services and Accounts. We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
- change or discontinue the Pimsleur Subscription Services;
- change how we offer and operate Pimsleur Subscription Services (e.g., to begin charging a fee to access features or Site Content that we previously made available without charge);
- remove Site Content from the Pimsleur Subscription Services;
- restrict, suspend or terminate your access to one or more Pimsleur Subscription Services or features thereof.
14. Subscriptions Obtained Through Third Parties. If you obtain a Pimsleur Subscription as a 3rd Party Platform Purchase through a third party entity (a “distributor”) that maintains your subscription account and collects your payments for the Pimsleur Subscription Services, that subscription is subject to the distributor’s terms, and the provisions of these Subscription Terms concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent these Subscription Terms conflict with the distributor’s terms. When you access a Pimsleur Subscription through a portal provided by such a third-party distributor, and the distributor transmits subscription content to you, the provisions of these Subscription Terms concerning access to and delivery of such content do not necessarily apply, and in the event of a conflict, the distributor’s applicable terms govern. For 3rd Party Platform Purchases, your billing relationship will be directly with the applicable distributor, and not with S&S. Any fees charged for your Pimsleur Subscription will be billed by the applicable distributor using the payment information you have provided to such distributor. To cancel a Pimsleur Subscription obtained as a 3rd Party Platform Purchase, please follow the cancellation instructions and adhere to the deadlines set out by the applicable distributor.
If you do not agree to these Subscription Terms, you should immediately stop using the Pimsleur Subscription Services.
OUR RIGHT TO UPDATE THESE TERMS
S&S reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.