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.
"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 Tablet™ 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.
(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.
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.
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.
(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 th