Welcome to the NOOK Store. The terms of service set out below govern your use of the NOOK Store (the “NOOK Store Terms of Service”), and this is a legally binding agreement made by and between you and NOOK. Other terms and conditions, policies and guidelines may also apply to you to govern your use of the NOOK Service, depending upon how you use or access the NOOK Service.
By registering, using or accessing the NOOK Service this agreement is made between you and Nook Digital, LLC, a Delaware limited liability company. Nook Digital, LLC, together with its parents, subsidiaries and affiliates are collectively referred to herein as “NOOK”, “we”, “our” or “us”. For the purposes of these NOOK Store Terms of Service, “affiliate(s)” means any entity that controls, is controlled by or is under common control with NOOK.
Please read the NOOK Store Terms of Service carefully before using the NOOK Store. By visiting and/or using NOOK Store, accessing the NOOK Store Content, creating a NOOK account, or by placing an order or downloading Digital Content and applications developed by us on the NOOK Store, you acknowledge and agree that you have read, understood and agree to be bound by the NOOK Store Terms of Service. If you do not agree to be bound by the NOOK Store Terms of Service, you should leave the NOOK Store immediately and cease all your use of it.
Please note that nothing in the NOOK Store Terms of Service affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.
CONTENTS OF THESE NOOK STORE TERMS OF SERVICE
Section 1: DEFINITIONSSection 2: CREATING AN ACCOUNT
Section 3: USE OF NOOK STORE
Section 4: YOUR RIGHTS REGARDING DIGITAL CONTENT
Section 5: TERMINATION OR SUSPENSION
Section 6: DISCLAIMERS; EXCLUSIONS AND LIMITATIONS
Section 7: DISPUTE RESOLUTION
Section 8: GENERAL
1. DEFINITIONS
The following definitions are used throughout these NOOK Store Terms of Service:
“Digital Content” means digital or electronic content or media which is available to you through the NOOK Store and which may be viewed on the NOOK App and NOOK Devices, including eBooks, eTextbooks, audiobooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, software applications (including applications developed by NOOK or third parties) and other digital content as determined by us from time to time.
“NOOK App(s)” means the NOOK software applications for mobile devices, computers or other electronic devices (including any updates or upgrades) that we make available to you.
“NOOK Device(s)” means electronic devices manufactured by or on behalf of NOOK and sold under the NOOK brand.
“NOOK Library” means the online digital locker or library hosted in our cloud storage facility where your purchases of Digital Content are stored and which you may access via the NOOK Website, the NOOK Store, NOOK Device and the NOOK App.
“NOOK Service” means collectively the NOOK App (and any services made available on or by means of the NOOK App), the NOOK Website, the NOOK Store and NOOK Devices (and any services made available on or by means of NOOK Devices).
“NOOK Store” means the store operated by NOOK where you can browse and purchase items and Content.
“NOOK Store Content” means the contents of the NOOK Store (including Content).
“NOOK Website(s)” means any NOOK website which you access.
2. CREATING AN ACCOUNT
(a) Creating an Account. You may visit and browse the NOOK Store without registering or opening a NOOK account with us. However to place orders, purchase and/or download or stream items and content from the NOOK Store, including Digital Content, you will need to first open a NOOK account by registering with us. Depending upon where you are and how you have access to our NOOK Store, you can open a NOOK account either by visiting the NOOK Store via a computer or mobile or other electronic device, or in the setup process for your NOOK Device or directly via certain NOOK Apps. Where available and offered, you may also be able to use your account details that you have registered with www.bn.com.
You agree to provide accurate and complete information when you register with us and you agree to keep that information accurate, up-to-date and complete. Information that you provide to us when registering your account or otherwise that you provide to us will be held and used in accordance with our Privacy Policy.
Once registered, you are responsible for: (i) keeping your account password confidential and secure, (ii) avoiding unauthorized access to your NOOK account, your computer, NOOK Device or any mobile or other electronic device running the NOOK App; and (iii) keeping the e-mail address associated with your NOOK account current (you acknowledge that it is important to keep the e-mail address associated with your NOOK account current because although you may be able to log into your NOOK account using an old e-mail address, you will not receive messages from us about your orders and enquiries or other matters).
You are solely responsible for all activities that occur within or through your NOOK account. You agree to notify us of any actual or anticipated security breach of your account. We will not be held liable for any loss or damage arising from your failure to comply with these obligations.
(b) Age of Users. Unless otherwise specifically noted in the features made available to you, the NOOK Store and any products and services appearing, marketed or sold on the NOOK Store, including Digital Content, are intended for and directed towards the purchase by adults (those aged 18 years or above) or with the consent of adults. Individuals under the age of 18 years may only use the NOOK Store with the supervision of a parent or legal guardian and should review these NOOK Store Terms of Service with a parent or legal guardian to ensure that they understand them.
(c) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the NOOK Store and your NOOK account will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. Our Privacy Policy also sets out our policy concerning ‘cookies’ and similar technologies that can personally identify you. The current Privacy Policy posted to our NOOK Website and NOOK Store applies to you when you open a NOOK account or otherwise access or use the NOOK Website, the NOOK Store and/or our services, applications or tools. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the NOOK Store, for example via any third party links available on the NOOK Store, will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.
3. USE OF NOOK STORE
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