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 by and 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 and/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 or the NOOK Device Service, 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 and the NOOK Device Service immediately.
CONTENTS OF THESE NOOK DEVICE TERMS OF USE
In these NOOK Device Terms of Service you will find information and terms relating to:
Section 1: Definitions
Section 2: Using the NOOK DEVICE
Section 3: LICENSE to use the NOOK DEVICE
Section 4: Termination OR SUSPENSION
Section 5: Disclaimers; exclusions and limitations
Section 6: Dispute resolution
Section 7: General
1. DEFINITIONS:
"Digital Content" means digital or electronic content or media which is available to you through the NOOK Store (defined below) 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 (including applications developed by NOOK or third parties), and other digital content as determined by us from time to time, but excluding Video Content.
"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(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" means your Samsung Galaxy Tab NOOK tablet manufactured and supplied by Samsung Electronics Co., Ltd. or its affiliates.
"NOOK Library" means the online digital locker or library hosted in our cloud storage facility where your purchases of Digital Content and/or Video 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, NOOK Devices and the NOOK Device Service.
"NOOK Store" means the NOOK store where you can browse and purchase Digital Content and/or Video Content for the NOOK App or NOOK Devices.
"NOOK Website(s)" means any NOOK website which you access from the country in which you are located.
"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, including but not limited to Samsung Electronics Co., Ltd. or its affiliates.
"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.
"Video Content" means digital versions of movies, television shows and other video content which, depending upon your location, may be made available to you through the NOOK Store and which may be viewed on certain versions of the NOOK App and certain supported NOOK Devices.
2. Using the NOOK Device
(a) Your NOOK Device, the NOOK Device Service and Digital Content/Video Content. The NOOK Device is an electronic device that is designed to allow you to access and use Digital Content and/or Video 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 Digital Content and/or Video 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 howsoever from time to time by NOOK)(all features described in this sentence, 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. Depending upon where you are and how you have access to our NOOK Store, you can open an account either by visiting a NOOK Website or in the setup process for your NOOK Device or directly via certain NOOK Apps.
Any Digital Content and/or Video 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 Digital Content and/or Video Content. The NOOK Device Service is designed to give you access to your NOOK account and view and store the Digital Content and/or Video 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, implementation of new services) which we will use our commercially reasonable efforts to limit. Some Digital Content and/or Video Content may not be available for you to access or use via the NOOK Device. Also, please note that certain Digital Content and/or Video Content, such as digital newspapers, digital magazines and digital catalogs, 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 (depending on the Digital Content and/or Video Content). There is also a risk of loss of Digital Content and/or Video Content when you download, access or archive Digital Content and/or Video Content via the NOOK Device.
(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 Digital and/or Video 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 account 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 Digital and/or Video 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 (for example, posting Digital Content and/or Video Content reviews) 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, including any Sub Accounts linked to your NOOK account, and/or your NOOK Device.
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 the 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 Account(s), 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 Digital and/or Video Content accessed via the NOOK Device or the NOOK Store 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 Digital Content and/or Video Content, (ii) using the credit card that is associated with your NOOK account, and (iii) posting Digital Content and/or Video Content 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 the credit card associated with your NOOK account will be used to verify parental consent required under applicable local law. 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 Digital Content and/or Video Content reviews in the NOOK Store or NOOK Website, 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 "Policies for Minors, including children under the age of 13" headed section in our Privacy Policy.
(e) Sideloaded Content. Some versions of and/or features within the NOOK Device and/or NOOK Device Services 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 and/or NOOK Device Services may contain certain social features, such as access to third party social networking sites or features (for example, Facebook), that allow you to post, publish, communicate or share information with other people (for example, book reviews, book annotations etc.). The NOOK Device and/or NOOK Device Services may also contain direct in-device 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 soci
