NOOK Device Terms of Service
Welcome to NOOK! The terms of service set out below govern your use of this NOOK Device as defined below and certain software contained within it (the "NOOK Device Terms of Service") and this is a legally binding agreement made between you and Nook Digital, LLC ("NOOK", "we", "our" or "us"). Other terms and conditions, policies and guidelines may also apply to you to govern your use of the NOOK Service as defined below, depending upon how you use or access the NOOK Service, and the software provided with your NOOK Device licensed by third parties. For the purposes of these NOOK Device Terms of Service, "affiliate(s)" means any entity that controls, is controlled by or is under common control with NOOK.
Please read these NOOK Device Terms of Service carefully before using your NOOK Device. By using your NOOK Device, you acknowledge and agree that you have read, understand and agree to be bound by these NOOK Device Terms of Service. If you do not agree to be bound by these NOOK Device Terms of Service, you should cease using this NOOK Device immediately.
1. DEFINITIONS:
"Content" means Digital Content, as defined below, but not User Generated Content, also as defined below).
"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, digital magazines, digital newspapers, digital journals and other periodicals, software applications, and other digital content as determined by us from time to time.
"Interactive Community" means services we make available which may enable users to communicate with each other directly and post information and other material that will be visible to other users of the service, or which may otherwise permit users to interact with others howsoever.
"NOOK App" 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" means your NOOK GlowLight III™ device.
"NOOK Library" means the online digital locker or library hosted in our cloud storage facility where your purchases of Content are stored.
"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, NOOK Device and the NOOK Device Service.
"NOOK Store" means the NOOK store where you can browse and purchase Digital Content for the NOOK App or NOOK Devices.
"NOOK Website" means any website owned or operated by NOOK or its affiliates.
"Sideloaded Content" means digital or electronic content that is not made available to you by us, but which can be accessed via the NOOK Device, for example ePub (non-DRM) and Adobe PDF files.
"Software" means the software, interfaces, content, fonts and data provided to you with your NOOK Device that are owned or licensed by NOOK, including enhancements and updates, but does not include software, interfaces, content, fonts or data licensed to you by third parties.
"User Generated Content" means any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material which may be posted on or through the Interactive Community via the NOOK Device.
2. Using the NOOK Device
(a) Your NOOK Device, the NOOK Device Service and Content. The NOOK Device is an electronic device that is designed to allow you to access and use Content. The NOOK Device may also be designed to connect wirelessly to the internet to enable you to browse, preview, search for, purchase and download Content from the NOOK Store; access the NOOK Website and other websites; interface with social networking sites; and access, use, and participate in other services, features, functions and promotions (each as may be amended or supplemented from time to time (collectively, the "NOOK Device Service").
(b) Setting up your account. To use the NOOK Device Service, you must first open a NOOK account in accordance with our NOOK Store Terms of Service. You can open an account by visiting www.barnesandnoble.com, in the setup process for your NOOK Device or directly via certain NOOK Apps.
Any Content you purchase or which is made available to you from the NOOK Store, will be so purchased or so made available to you and used in accordance with our NOOK Store Terms of Service.
(c) Accessing your Content. The NOOK Device Service is designed to give you access to your NOOK account and view and store the Content that you purchase or which is made available to you from the NOOK Store in your NOOK Library. When your NOOK Device is connected to the internet, we will use reasonable efforts to grant you access to your NOOK account and NOOK Library via the NOOK Device. Temporary interruptions to the NOOK Service may occur for technical reasons (including maintenance, repairs or implementation of new services) which we will use commercially reasonable efforts to limit. Some Content may not be available for you to access or use via the NOOK Device. Also, please note that certain Content may be set to be automatically deleted from any or all of your NOOK Library, NOOK Device or NOOK App, after a certain period of time. There is also a risk of loss of Content when you archive Content via the NOOK Device Service.
(d) Setting up Sub Accounts. Certain NOOK Devices allow you to set up linked or subordinate accounts ("Sub Accounts") for additional users of your NOOK account. Depending on the settings selected, users of a Sub Account may be able to (i) access and/or view Content; (ii) use the Interactive Community features and social features; and (iii) make purchases via the NOOK Store. We may limit the number of Sub Accounts you may set up.
To set up a Sub Account, you must first register and/or log in to your NOOK account and follow the guidance for setting up a Sub Account. Both the NOOK account and the Sub Account will have their own username and password. All users are responsible for: (i) keeping their passwords confidential and secure, and (ii) avoiding unauthorized access to their NOOK account or Sub Account.
Your NOOK account may have access to and control over various aspects of linked Sub Accounts, including (i) access to and availability of Content and parental controls; (ii) financial transactions; and (iii) certain communications from us.
Users may be able to make purchases via the NOOK Store using a Sub Account. All transactions made by the Sub Account will be processed using the credit card associated with your NOOK account. Communications from us, including communications about purchases made via the Sub Account, will be sent to your NOOK account and the email address associated with your NOOK account, rather than the user of the Sub Account.
Users of Sub Accounts may be able to make use of the Interactive Community features. Please see Section 2(h) below for more details on use of the Interactive Community. All material or information posted by a user of a Sub Account will be posted in the name of the NOOK account holder and not the Sub Account holder. Suspension or termination of your NOOK account may result in the suspension and termination of all associated Sub Accounts.
If you are the holder of the NOOK account registered with your NOOK DEVICE, you are jointly and severally legally and financially responsible for all actions associated with your NOOK account AND any Sub Accounts linked to your NOOK account.
Sub Accounts for Minors. The NOOK Device and the NOOK Service in general is designed for and directed towards use by adults (those aged 18 years or above). However, where Sub Accounts are available, you may set up a Sub Account for users under the age of 18 years ("Minor(s)"), provided that you are the parent or legal guardian of the Minor for whom you are setting up the Sub Account. When a Minor reaches 18 years of age, they may set up their own NOOK account or continue to use a Sub Account.
Please note that Sub Accounts may enable Minors to browse the entirety of the NOOK Store and make purchases using the credit card associated with your NOOK account. IF YOU ARE THE HOLDER OF YOUR NOOK ACCOUNT, YOU REMAIN LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS OF YOUR MINOR RELATING TO THEIR USE OF YOUR NOOK account and any Sub Accounts, AS WELL AS ANY PURCHASES THAT YOUR MINOR MAKES THROUGH THE NOOK STORE. We are not responsible and have no liability for any unauthorized usage by Minors and Minors must obtain the consent of their parent or legal guardian to agree to all applicable Terms of Service and our Privacy Policy.
Some Content may not be age- or otherwise appropriate for Minors. You are responsible for monitoring your Minors' access to content that may be objectionable or age inappropriate.
If you permit a Minor to use your NOOK Device, NOOK account or to set up a Sub Account, you confirm that you accept these NOOK Device Terms of Service, the NOOK Store Terms of Service and our Privacy Policy on behalf of, and all legal and financial responsibility and liability for the actions of, that Minor and you expressly confirm any acts of that Minor. You also consent to that Minor (i) purchasing Content, (ii) using the credit card that is associated with your NOOK account, and (iii) posting reviews in the NOOK Store or NOOK Website that will be posted in the name of the NOOK account holder.
When you create a Sub Account for a Minor, under 13 years of age, the credit card associated with your NOOK account will be used to verify parental consent required under applicable children's privacy laws. Your credit card may be charged one cent ($0.01) to validate your consent. Other than the one cent ($0.01) transaction, there are no fees associated with this process.
If you permit a Minor to use your NOOK Device, NOOK account or to set up a Sub Account, you acknowledge that we are not responsible for any personal information that the Minor publicly discloses, intentionally or unintentionally, due to that Minor's ability to post reviews or by using the internet through the web browser. We recommend that as the parent or legal guardian, you discuss with your Minor the importance of not disclosing his or her full name, address, school or other personally identifying information on the internet. As the parent or legal guardian, you are responsible for monitoring your Minor's access to your NOOK account, Sub Account and/or NOOK Device, as well as any communications made or received by them through or by means of the NOOK Service.
Content accessible through the NOOK Service may include third party websites or applications. These third parties have their own privacy and data collection practices. We are not responsible for the actions or policies of such third parties, and you are solely responsible for obtaining information regarding the data privacy practices and terms of use of such third parties and determining whether such are appropriate for a Minor. More information about how we collect and use information relating to Minors can be found in the section of our Privacy Policy entitled "Policies for Minors, including children under the age of 13".
(e) Sideloaded Content. The NOOK Device may enable you to upload, use and read Sideloaded Content for your personal use. Where this is available, there is a risk that you may lose your Sideloaded Content when you upload or access it via the NOOK Device. You should keep a backup copy of your Sideloaded content at all times; we are not responsible for any loss of Sideloaded Content that may occur. You represent and warrant that you have all rights (including intellectual property rights) necessary to copy, use and access the Sideloaded Content via the NOOK Device. We have no responsibility with respect to your use of the Sideloaded Content.
(f) Social Features and Third Party Sites. The NOOK Device may contain certain social features, such as access to third party social networking sites or features, that allow you to post, publish, communicate or share information with other people. The NOOK Device and/or NOOK Device Service may also contain direct links to third party websites. Use of third party websites or third party social networking sites or features will be subject to third party or other terms and conditions. Any information posted, published, communicated or shared with third party websites or social networking sites or features is shared at your own risk. You are solely responsible for any privacy settings on any third party websites or social networking sites or features you access.
(g) No Responsibility for Digital Content. The NOOK Device Service is designed to permit you access to a wide variety of Content, some of which may be inappropriate for, or offensive to, some readers and viewers. We do not exercise any editorial control over Content. We provide only the NOOK Device and the NOOK Device Service, which are intended to allow you access to Content. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on Content. You must determine whether the Content accessed through the NOOK Device is appropriate, useful, accurate and complete. Your use of the Content and the NOOK Device Service is solely at your own risk.
(h) Interactive Community. The NOOK Device may enable you to communicate with other users and post information and other material, including your own User Generated Content, via the Interactive Community. You are using Interactive Community services if, for example, you view or participate in the Interactive Community, post a review, create a list, create a profile, submit any User Generated Content, or otherwise participate in any interactive feature.
Interactive Community services may be used only for lawful purposes in accordance with these NOOK Device Terms of Service. If you are using our Interactive Community services, and post, publish or communicate any User Generated Content on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other users. You may not post on or transmit through the NOOK Device or the NOOK Device Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation of the local laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other User Generated Content (including private messages) from you, or to deny, restrict, suspend or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, without prior notice or explanation and without liability.
We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, please activate the "Flag" feature on the page in question or otherwise contact us.
Notwithstanding the foregoing and to the maximum extent permitted by applicable local law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any User Generated Content, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or User Generated Content within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community.
The Interactive Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles, and individuals aged between 13 and 18 must participate in the Interactive Community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
You may not post User Generated Content that: (i) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (ii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (iii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (iv) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (v) includes a photograph or video of another person that you have posted without that person's consent; (vi) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the NOOK Device and/or the NOOK Device Service; (vii) involves the use of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (viii) covers or obscures the banner advertisements on your personal profile page; (ix) involves any automated use of the NOOK Device and/or the NOOK Device Service, such as using scripts to add friends or send comments or messages; (x) interferes with, disrupts or creates an undue burden on the NOOK Device or the networks or services connected to the Interactive Community services; (xi) impersonates or attempts to impersonate another Interactive Community user, person or entity; (xii) uses the account, username or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (xiii) sells or otherwise transfers your profile; (xiv) uses any information obtained from the NOOK Website or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.
Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the NOOK Website: (i) User Generated Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Generated Content which the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Generated Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all User Generated Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Generated Content is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Generated Content. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from any User Generated Content. By submitting User Generated Content within the Interactive Community, you automatically grant us, or represent and warrant that the owner or authorized licensor of such User Generated Content has expressly granted us, for the full period of copyright (and any renewals and extensions thereof), a perpetual, royalty-free and irrevocable right and license to use, reproduce, publish, translate, sub-license, copy, modify, delete, enhance and distribute the User Generated Content in whole or in part worldwide and/or to incorporate such User Generated Content in other works in any form, media or technology now known or hereafter developed, together with a full waiver of all moral rights therein. Subject to this grant, you, as owner or authorized licensor (as applicable) of User Generated Content submitted to us, retain any and all rights which may exist for such User Generated Content.
Where we decide in our sole discretion to terminate or suspend your NOOK account or your access to all or part of the NOOK Service, NOOK Device Service and/or your NOOK Library in accordance with Section 4 below (Termination), we may decide, in our sole discretion, to remove any User Generated Content you have submitted to the Interactive Community. To the maximum extent permitted by applicable local law, all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing the User Generated Content is excluded.
(i) Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials within any part of the NOOK Device Service infringe your rights (for example, your copyright), you or your agent may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material within the NOOK Device Service; (iv) your name, address, telephone number and e-mail address; (v) 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 rights-holder, its agent or the law; and (vi) 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. It you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.
If you are sending a notice or counter-notice pursuant to the United States Digital Millennium Copyright Act of 1998 (the "DMCA"), then it must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Full details of our copyright policy under the DMCA is available on our website.
Notices and counter-notices with respect to the NOOK Device should be sent to: IP Agent, Nook Digital, LLC, 122 Fifth Avenue, New York, New York 10011 at DMCANOTICE@Barnesandnoble.com. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.
(j) Age of Users. Unless otherwise specifically noted in the features made available to you, the NOOK Device and the NOOK Device Service is designed for and directed towards use by adults (those aged 18 years or above). No children under the age of 13 are permitted to use the NOOK Device and/or the NOOK Device Service, unless their parent or legal guardian has created a Sub Account for them as described in Section 2(d) above. Individuals aged between 13 and 18 are not permitted to use the NOOK Device and/or the NOOK Device Service without the consent of parents or legal guardians. Minors are not permitted to use the NOOK Device without the supervision of a parent or legal guardian and should review these NOOK Device Terms of Service with a parent or legal guardian to ensure that they understand them.
(k) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the NOOK Device and/or the NOOK Device Service will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. The current Privacy Policy posted to our NOOK Website applies to you when you open a NOOK account or otherwise access or use our NOOK Website, services, applications or tools, however we make commercially reasonable endeavors to update the version of the Privacy Policy included on your NOOK Device. 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 Device (for example, through any third party social networking sites or third party websites, where available) will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.
The current Privacy Policy posted to our NOOK Website also applies to you when you open a Sub Account. Where you open a Sub Account for another user, you confirm that you have that user's consent to do so and for their data to be processed by us (including data on Minors, where applicable) in accordance with our Privacy Policy.
(l) Software Updates. In order to keep the NOOK Device up to date, from time to time we may provide the NOOK Device with updates, modifications, additions, or upgrades, some of which may be implemented automatically. You acknowledge and agree that any such updates, modifications, additions or upgrades are governed by these NOOK Device Terms of Service, and further consent that we may provide the same to you automatically.
(m) Security. We employ measures designed to ensure the security of the NOOK Device Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.
(n) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE, NOOK DEVICE AND NOOK DEVICE SERVICE. YOUR ability to access CERTAIN CONTENT from a given source may depend on YOUR obtaining and installing updated versionS of the SOFTWARE. IN RARE INSTANCES, UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP THE DATA STORED ON YOUR NOOK DEVICE TO PREVENT THIS FROM OCCURRING.
(o) Wireless Connection. The NOOK Device has built-in wireless internet connectivity capabilities. You may use the built-in wireless internet connectivity provided by us only in connection with the NOOK Service and you may not use it for any other purpose.
If you are located in an area where there is limited or no wireless connectivity, you may not be able to access the NOOK Device Service via the NOOK Device. We are not responsible for the unavailability of wireless connectivity in these circumstances.
Use of the NOOK Device wireless connectivity capabilities may be subject to restrictions and limitations imposed by your internet service provider ("ISP") associated with the wireless hotspot that you use, such as fees, coverage area, file size and policies. You can choose to connect or disconnect at any point to a different wireless hotspot and thus choose a different ISP service. Such internet connectivity capability is also subject to the limitations inherent in the type of NOOK Device you are using. We are not responsible for any restrictions, limitations or downtime caused by the ISP service you connect the NOOK Device to, or for any material that contains viruses, Trojan horses, worms or any other harmful programs or similar computer code that may be transmitted to your NOOK Device while using the built-in wireless internet connectivity. Use of the NOOK Device built-in wireless connectivity is entirely at your own risk.
(p) Internet Connectivity Charges. Internet connectivity is required to use certain features of the NOOK Device, which may include downloading or streaming Content to your NOOK Device, archiving Content and accessing the Interactive Community or social features. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain ISPs, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of ISPs or others with whom you contract for internet connectivity.
3. LICENSE
(a) License. Subject to these NOOK Device Terms of Service, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to make personal, non-commercial use of: (i) the NOOK Device Service; (ii) the Software as may be updated, modified, added to or upgraded from time to time; and (iii) any printed or electronic documentation for the NOOK Device and/or the NOOK Device Service and such Software ("Documentation"), all solely for the purposes of using the NOOK Device and/or the NOOK Device Service. You can make one (1) copy of the Software and the Documentation as necessary for backup or archive purposes.
(b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these NOOK Device Terms of Service and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) use the Software on any device other than a NOOK Device; (ii) use, copy, reproduce, modify, distribute copies of, display publicly or transmit the Software or Documentation; (iii) open, service or tamper with the NOOK Device, disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from the Software or Content or otherwise attempt to discover the source code of the Software or the technology used to provide NOOK Device, or attempt to reduce the Software to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the NOOK Device and/or the NOOK Device Service, including altering any digital rights management ("DRM") functionality; (v) share access to the Software or Documentation, whether through a network, resale or other means; (vi) transfer the Digital Content or Software (or any individual component thereof) from one device to another device or computer; (vii) infringe, violate, or i
