The Web Sites for World Book Online and World Book ("Sites") is owned by World Book, Inc. ("World Book").
Registration and Usage Authorization.
By using the Sites, you represent to World Book that you are of legal age and capacity to enter into, and be bound by, this agreement.
World Book is not responsible for providing, maintaining and updating all access lines, telephones and computer equipment, including software, modems and/or other peripheral access devices, required for your access to the Sites.
Renewal Terms for Home & Family online products: By submitting this order, you authorize World Book, Inc. to charge your credit card for the initial term and at the introductory rate you've selected. Purchases of subscriptions made through the Home & Family online store will renew automatically for additional terms, equal in length to the initial term, unless you notify World Book, Inc. of cancellation prior to the start of any renewal term. World Book, Inc. will notify you in advance, via e-mail, of any new rate or price increase. You have the right to cancel your account at any time, and your cancellation is effective at the end of your current account term. For questions about, or to cancel your online subscription, please contact World Book, Inc. at 800-975-3250.
Access to the Sites.
Changes and Notifications.
If you find any change World Book Online makes to be unacceptable, you may terminate your subscription to the Sites in accordance with this Agreement. Your use of the Sites after the effective date of a change constitutes your continued acceptance of the Sites Agreement and the Sites, as changed.
The Sites contains copyrighted animations, photographs, images, maps, charts, illustrations, videos, bubble views, text, music, sounds and other intellectual property of World Book Online and third party suppliers ("Content"). All rights, title and interest in and to the Content, including all applicable copyrights, trade secrets, patents and other intellectual property rights, are and shall remain vested in World Book Online and its suppliers.
Except to the extent expressly permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not:
Copy, use or download Content except to the extent permitted by the features of the Sites
Reproduce and/or distribute Content except for educational, noncommercial or personal uses only provided that no changes or deletions are made to the Content, author attributions or proprietary notices in the Content
Decompile, reverse engineer, disassemble, or otherwise reduce the Content to a machine or human readable form
Reproduce the Content in any other medium or on any other server or location for further reproduction or redistribution.
Acceptable Use of the Sites.
In order to use the Sites, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.
You agree that you are only authorized to visit, view and to retain a single copy of pages of the Sites for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Sites for any purpose other than for your own internal use unless otherwise specifically authorized by World Book in writing. We post legal notices and various credits on pages of the Sites, which may not be removed even from your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.
You further agree:
Not to publish, post, or otherwise distribute the login ID and password that has been established for use with your individual subscription(s) to World Book Online.
To notify the Sites's Help Desk promptly if you suspect unauthorized use of the Sites.
That you are responsible for the results obtained, and conclusions drawn, from your use of the Sites.
To comply with all applicable laws, regulations, or conventions in using the Sites, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.
That you are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, to any order issued by any agency of the U.S. Government (or any other government) limited barring, revoking or denying, in whole or in part, your export privileges and that you will notify World Book Online immediately in the event that you become subject to any such order.
And, not to export or re-export the Content, directly or indirectly, to any countries that are subject to USA export restrictions.
Deep Links; Linking.
You agree not to create any frames at any other Web Sites(s) pertaining to or using any of the Content for any purpose, unless specifically authorized by World Book in writing to do so.
Security, Cracking and Hacking.
You are prohibited from violating or attempting to violate the security of the Sites. Accordingly, you agree not to:
Access data or materials not intended for you.
Log into a server or account which you are not authorized to access
Attempt to probe, scan or test the vulnerability of a system or network or service to any user, host or network, including without limitation, by means of submitting a virus to the Sites, overloading, "flooding", "mailbombing" or "crashing" the Sites.
Violations of system or network security may result in civil or criminal liability. World Book reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
You Are Responsible for All of Your Activities and All of The Content You Post.
You represent and warrant that any information you post or provide to World Book by means of the Sites, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Sites, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Sites including, without limitation, any Content, products or configuration recommendations or product specifications, are not offered with any warranty or representation as to accuracy, performance or suitability for your intended purpose or compliance with applicable law. World Book expects that you will exercise caution, best product development practices, best manufacturing practices and engineering oversight in using information supplied through the Sites. You agree NOT to use the Sites for or in connection with any of the following activities:
Transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way.
Using the Sites for any tortious, fraudulent or illegal purpose.
E-mailing, uploading, or otherwise transmitting or using the Sites in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including any materials that promote violence or assist in causing or carrying out such violence or materials that holds World Book or its employees, officers, directors, shareholders, affiliates or the Sites up to public scorn or ridicule.
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Sites.
Do Not Violate Third-Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using the Sites you agree not to, use the Sites to:
Transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it.
Transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them.
Transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others.
For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
World Book will place content ("Content") on the Sites for you to examine from time to time. Examples of possible Content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by World Book on, through or in connection with the Sites. Moreover, World Book attempts to display the Content in a way that will be easily accessible and useful for you, the user. All Content and materials on the Sites including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Sites and any services offered on the Sites, are the property of World Book, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all Content on the Sites is the exclusive property of World Book and is protected by U.S. and international copyright laws. All software used on the Sites is the property of World Book or its licensors and is subject to U.S. and international copyright laws and made available subject to the applicable end-user agreement, or, if none, the terms of this Agreement that refer to Content. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Sites is permitted except expressly in accordance with these Terms or with the express written permission of World Book and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Sites. All rights not expressly granted hereunder are expressly reserved to World Book.
You agree that the content posted in chat rooms, bulletin boards, and similar forums ("Forums") is not endorsed by, and shall not be considered review, screened or approved by, World Book or any party on their behalf. However, World Book reserves the right for any reason to remove any such content and to restrict or deny, in its sole discretion, any user access Forums without notice.
The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Sites or any of the pages of the Sites infringes on world book's and/or its licensors' copyrights. Do not use any such tools or products on or in connection with the Sites!
The Sites is generally available seven (7) days a week, However, World Book may, at anytime, without notice or liability, restrict the use of the Sites or limit its availability in order to perform maintenance, update the Content or features, or for any other reasons, World Book deems appropriate.
The Content, services, information and access to the Sites are provided "as is" and without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. World Book does not warrant that any part of the Sites will operate uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Sites and access to the Sites will not be interrupted, discontinued or error-free. World Book does not warrant or make any representations regarding the use or the results of the use of the Sites in terms of its quality, correctness, accuracy, reliability, or otherwise.
World Book expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third-party Sitess that link to or from the Sites. World Book cannot be held responsible for the material contained on third party Sitess and/or related services nor does World Book make any representations or warranties as to the security of any information you might be requested to give to third-party Sitess.
Some jurisdictions do not allow the exclusion of implied warranties or conditions. Therefore, the above may not apply to you. In such jurisdictions, all such warranties and conditions are excluded and disclaimed to the full extent permitted by the law.
Limitation of Liability.
To the furthest extent permitted by law, under no circumstances including, without limitation, World Book's, its affiliates, licensors, or contractors negligence, shall World Book its affiliates, licensors, or contractors be liable for any damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and or incidental damages that result from your use or inability to use the Sites, any content and/or any related software, even if World Book or an authorized World Book Representative has been advised of the possibility of such damages. Notwithstanding anything else contained in these terms, in the event the terms of this section, or any part of this section, shall be held invalid or unenforceable by a court of competent jurisdiction, in no event shall World Book's total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed one hundred dollars ($100). Further, you shall indemnify, defend and hold harmless World Book and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Sites in violation of these terms or the infringement by you of any Intellectual Property Rights of any person or entity.
Governing Law and Arbitration.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Sites, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Chicago, Illinois under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the Sites including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Cook County, Illinois, U.S.A.
Waiver and Severability.
Furthermore, no delay or omission by World Book to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by World Book. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
ELECTRONIC SIGNATURE ACT DISCLOSURE
The federal Electronic Signature Act (E-Sign) allows us to offer electronic disclosures through our webSites. However, you have the right to choose whether or not you wish to accept them. Before you decide, you must read the following important information concerning your rights and our obligations about electronic Internet disclosures and select your response from the available options.
1. Receiving Electronic Disclosures. Before you consent to receiving electronic disclosures in connection with Paced Billing, you should have i) access to World Book's webSites (www.worldbook.com), ii) an active email account, iii) a PC or Mac with access to the Internet. By requesting Paced Billing transactions, on-line, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you.
2. Right to request written disclosures. You have the right at any time to ask for and receive written copies of all disclosures that we are required to provide you in connection with this Paced Billing transaction. You may request a written copy of an electronic disclosure at any time and we will send you a copy of any disclosure without charge.
3.Limitation of your consent. Your consent is limited solely to this transaction. You will still have the right to require written disclosures for any other transaction between us. You also have the right to withdraw your consent at any time and you will receive all future disclosures in writing along with information about any fees or conditions that may arise.
4. Procedures for withdrawing your consent. In the event you decide to withdraw your consent to receive electronic disclosures, you must notify us in writing or by telephone. Notwithstanding the foregoing, your withdrawal of consent shall not affect the validity of any electronic signature, contract, agreement, consent or delivery effected prior to such withdrawal.
5. How to contact us. If you decide to withdraw your consent to receive electronic disclosures, or wish to update personal information including your email address, or if you would like to receive a printed copy of any disclosure, contact us at: World Book, Inc. Attn: Customer Service: Paced Billing 233 N. Michigan Ave., Suite 2000 Chicago, IL 60601
6. Signature. Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide World Book instructions in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed by you in writing.
7. Affirmative consent. By proceeding, you acknowledge that you are able to read and retain all of the disclosures available on this Sites. You also confirm that you have carefully reviewed this e-Sign Disclosure. By clicking on a message below, you may select one of the following options:
-By indicating that you agree to receive electronic disclosures, you will be given the required Truth in Lending disclosure and Paced Billing Authorization.
-By indicating that you do not wish to accept electronic disclosures, you will not be allowed to apply for Paced Billing on-line.
Paced Billing Credit Card/Checking Account Authorization
Paced Billing applies only to purchases of $599.00 or more charged to a Visa®, MasterCard®, or Discover/NOVUS® credit card. Paced Billing does not apply to previous purchases. Paced Billing purchases will be charged to your credit card account in 11 equal monthly installments. YOU CANNOT TAKE ADVANTAGE OF PACED BILLING IF YOU USE A DEBIT CARD. All orders are subject to credit verification and approval. We reserve the right to restrict deferred billing to anyone.
You acknowledge and agree that by selecting the Paced Billing option, you are providing your electronic signature on this agreement, thereby establishing your written agreement to its terms and consent to receive email communications from us and to receive or deliver documents and other information electronically, including by email or on or through our webSites.
You hereby authorize us to debit your credit card on the date specified and for the amount specified every month for your purchase of World Book Products until your order has been paid in full. If your credit card changes, any payment is refused for any reason or your credit card is canceled or expires, you agree to provide us with a valid credit card number and expiration date within 10 days or to pay the remaining balance to us within 10 days of notice from us.
Late Charge: If a payment is late, you will be charged a late fee equal to a monthly periodic rate of 1.4% (16.8 % annual percentage rate) of the maximum amount of payment for the time such payment is late, or if less, the maximum allowed by your state of residence or billing address.