Welcome to the Barnes & Noble NOOK.co.uk website (the "NOOK.co.uk Site"), a website owned and operated by Barnes & Noble S.à r.l., a Luxembourg limited liability company (société à responsabilité limitée) existing under the laws of Luxembourg, having its registered address at 2, rue Joseph Hackin, L-1746 Luxembourg and registered with the Luxembourg register of Commerce and Companies under number B 167208, and having a share capital of EUR 12,500.
Barnes & Noble grants the User a limited, non-exclusive, revocable licence to access and make personal, non-commercial use (unless the User has a business relationship with Barnes & Noble) of the contents of the NOOK.co.uk Site, which includes the Digital Content, as defined in Section XI, ("Content"). Additional terms and conditions apply to Digital Content and the Barnes & Noble eReader Software, as those terms are defined in Section XI below, and User Created Content, as that term is defined in Section XII below. Barnes & Noble further grants the User a limited, non-exclusive and revocable right to create a hyperlink to the NOOK.co.uk Site as long as the link does not portray Barnes & Noble, its affiliates or their respective products or services in a false, misleading, derogatory or otherwise offensive manner.
The foregoing licences do not include any rights to:
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Barnes & Noble's express written consent (which may include a written agreement signed by an authorised representative of Barnes & Noble). Users may not use the NOOK.co.uk Site in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Any unauthorised or unlawful use of the NOOK.co.uk Site, the Content or any portion or derivative thereof shall terminate any licence or permission granted by Barnes & Noble.
Barnes & Noble, Barnes & Noble, Inc., or their respective parents, subsidiaries or affiliates, or third parties from whom Barnes & Noble has permission, own the trademarks or service marks that are used on the NOOK.co.uk Site and in connection with the Barnes & Noble eReader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Barnes & Noble and its licensors may not be used without the prior written consent of Barnes & Noble or its licensor, as the case may be. Without limiting the foregoing, no Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not Barnes & Noble's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Barnes & Noble.
The User acknowledges that the NOOK.co.uk Site contains Content, including Digital Content, as that term is defined in Section XI below, that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under Luxembourg law or other local jurisdiction’s copyright laws, and Barnes & Noble owns a copyright to the selection, coordination, arrangement and enhancement of such Content on the NOOK.co.uk Site. The User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the Barnes & Noble eReader Software, provided that the copies are made only for the User's personal use and that the User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Luxembourg copyright laws or the copyright laws of other local jurisdictions, the User may not upload, post, reproduce or distribute in any way Content, including Digital Content and the Barnes & Noble eReader Software, protected by copyright or other proprietary right, without obtaining the permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software licence agreement accompanying such software.Third-Party Content
Barnes & Noble is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XI below, supplied by third parties and Users. Barnes & Noble has no editorial control over such Content. Except to the extent strictly required by applicable law (and then only to the extent it cannot be excluded), Barnes & Noble is not obligated to review Content, including Digital Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Barnes & Noble or any Barnes & Noble Provider, unless expressly stated otherwise. Neither Barnes & Noble nor any Barnes & Noble Provider makes any representation, warranty or guarantee regarding the accuracy, completeness or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the NOOK.co.uk Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Barnes & Noble or any Barnes & Noble Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the NOOK.co.uk Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice or Content, including Digital Content and User Created Content, available through the NOOK.co.uk Site.
The price for an item on the NOOK.co.uk Site may differ from the price shown in a User's shopping basket. It is possible that such price may increase or decrease between the time the item is placed in a shopping basket and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the NOOK.co.uk Site. If the price for the item on the NOOK.co.uk Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Barnes & Noble and to the maximum extent permitted by applicable law, Barnes & Noble may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
In certain instances (and/or to the extent not required to be stipulated by applicable law), physical items ordered from the NOOK.co.uk Site may be subject to additional local import duties and taxes, levied once the item is delivered. Prices shown on the NOOK.co.uk Site or shown in a User’s shopping basket may not reflect these additional charges. Any such additional charges must be borne by the User and Barnes & Noble has no control over these charges.
Please note that this policy regarding prices applies only to items sold and shipped by Barnes & Noble. Any purchases of Digital Content, as that Term is defined in Section XI below, or from any third-party sellers on the NOOK.co.uk Site (e.g., sellers of products provided via Barnes & Noble BookQuest LLC, where applicable) may be subject to different policies in the event of an incorrectly priced item.
With the exception of Digital Content, as that Term is defined in Section XI below, the risk of loss and title for all items purchased via the NOOK.co.uk Site shall pass to the User upon delivery of the item to the carrier.
The items offered for sale on the Barnes & Noble Site that are not produced by Barnes & Noble contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Barnes & Noble does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM Barnes & Noble THAT IS NOT AS DESCRIBED ON THE NOOK.co.uk SITE, TO THE EXTENT ENFORCEABLE UNDER APPLICABLE LOCAL LAW THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Barnes & Noble websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Barnes & Noble websites, we will remove that information as soon as possible.
In certain cases, at Barnes & Noble’s sole discretion, Barnes & Noble may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the NOOK.co.uk Site has been terminated including the right to use, access or create any account thereon; (ii) that Barnes & Noble refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
Each User with an account on the NOOK.co.uk Site is responsible for (i) keeping his or her account password confidential and secure, (ii) avoiding unauthorised access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Barnes & Noble account using an old e-mail address, such User will not receive messages from Barnes & Noble about his or her orders and enquiries or other matters).
The User accepts full responsibility for all activities that occur within such User's Barnes & Noble account or within the Barnes & Noble interactive community.
Users may generally browse, preview or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first open a Barnes & Noble account, provide valid credit card information and the User's billing address to Barnes & Noble and install Barnes & Noble's eReader software application (the "Barnes & Noble eReader Software") onto their computer or electronic reading device(s), if such Barnes & Noble eReader Software is not already preloaded. At the time of installation, Barnes & Noble grants the User a non-exclusive, revocable licence to download and make personal, non-commercial use of the Barnes & Noble eReader Software solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of the Barnes & Noble eReader Software End User Licence Agreement. Use of your Barnes & Noble eReader device, on which the Barnes & Noble eReader Software is preloaded, is subject to Barnes & Noble eReader device Terms of Service. You must register your NOOK by logging into your Barnes & Noble account from your Barnes & Noble eReader device prior to purchasing and/or downloading Digital Content.
Barnes & Noble reserves the right to automatically update, modify and/or reinstall the Barnes & Noble eReader Software. The Barnes & Noble eReader Software is subject to restriction and/or revocation for security purposes or other purposes as determined by Barnes & Noble.
There may be separate end user licence agreements you may need to accept in connection with specific hardware or software you may use to interact with the Barnes & Noble eReader Software. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Barnes & Noble eReader Software.
Your purchased Digital Content will be stored in, or accessible from, your NOOK Library on the NOOK.co.uk Site. You can access your NOOK Library by signing into your Barnes & Noble account. You may also transfer the Digital Content from your NOOK Library to no more than a total of six (6) other electronic devices that you own. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.
Only certain eBooks are eligible for lending. EBooks with an icon on their product pages indicate their eligibility for lending and will also have a "LendMe" link in the customer's NOOK Library, once purchased. Under the LendMe feature, a customer who has purchased an eBook on the NOOK.co.uk Site may loan that eBook to only one person. Currently, the maximum number of times that an eBook can be lent is once per eBook title for a period of up to 14 days. During the lending period, the loaned eBook will be disabled in the lending customer's NOOK Library. After the lending period has expired, the eBook will be re-enabled in the lending customer's NOOK Library. The borrower must have a Barnes & Noble account with a default credit card payment method for accessing the borrowed eBook. The borrower cannot lend the borrowed eBook to another person. Upon expiry of the 14-day lending period, the loaned eBook will be disabled in the borrower's NOOK Library and the borrower will no longer be able to access it. The borrower cannot archive or delete a borrowed eBook. The borrower can only return the borrowed eBook to the lending customer. The borrower will be allowed to return the loaned eBook to the lending customer prior to the expiry of the 14-day lending period. The following types of Digital Content are not eligible for lending: digital audio books, digital magazines, digital newspapers, free eBook samples and Google books. Please note that customers who have the eReader Software installed prior to 30 November 2009 will need to upgrade the eReader Software in order to take full advantage of the LendMe feature. [Click here to upgrade.]
Digital Content is only available for purchase by Users with a credit card that is registered in a European Union Member State. By opening a Barnes & Noble account for Digital Content, you represent and warrant to Barnes & Noble that you reside in the European Union and that you are capable of entering into a contract under the laws of the Grand Duchy of Luxembourg.
Barnes & Noble reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from your NOOK Library, if for example, the publisher of the Digital Content no longer retains the rights or other licences, consents or permissions to that Digital Content. Digital Content already downloaded to your device[s] will not be affected.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile or tamper with the Barnes & Noble eReader Software or Digital Content; (ii) create derivative works from or of the Barnes & Noble eReader Software or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Barnes & Noble eReader Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sub-licence, transfer, network, reproduce, display, distribute or otherwise make any of the Digital Content available to any third party.
The NOOK.co.uk Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, without notice. You are using Interactive Community services if you view or participate in, each where available, the Barnes & Noble Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Barnes & Noble reserves the right, at its 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 offence, give rise to civil liability or otherwise violates any applicable law, please activate the Flag feature on the page in question.
Notwithstanding the foregoing, except to the extent strictly required by applicable law (and then only to the extent it cannot be excluded), Barnes & Noble assumes no responsibility for ongoing monitoring of the NOOK.co.uk Site or for removal or editing of any User Created Content, even after receiving notice. Barnes & Noble assumes no liability for any action or inaction with respect to conduct, communication or User Created Content within the Interactive Community.
The Barnes & Noble online 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 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. Barnes & Noble does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; 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.co.uk Site; involves the use of viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the NOOK.co.uk Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts or creates an undue burden on the NOOK.co.uk Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; 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; sells or otherwise transfers your profile; uses any information obtained from the NOOK.co.uk Site 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 Barnes & Noble for distribution on the NOOK.co.uk Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content which the owner or licensor has given express authorisation for Barnes & Noble 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 Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". Barnes & Noble is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorised submission of copyrighted or other proprietary User Created 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 copyrights or proprietary rights, or from any other harm arising from an unauthorised submission or submission of User Created Content. Barnes & Noble assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorised licensor of such User Created Content has expressly granted Barnes & Noble, the royalty-free, for the full period of copyright (and any renewals and extensions thereof), (and to the maximum extent permitted by applicable law, a perpetual and irrevocable) right and licence to use, reproduce, publish, translate, sub-license, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content, together with a full waiver of all moral rights therein (to the maximum extent permitted by applicable law). Subject to this grant, the licensor of User Created Content submitted to Barnes & Noble retains any and all rights which may exist for such User Created Content.
The User consents to receive electronic communications from Barnes & Noble, whether addressed to the e-mail address associated with such User's Barnes & Noble account or posted on the NOOK.co.uk Site. The User acknowledges and agrees that any communication via e-mail or by postings on this NOOK.co.uk Site satisfies any legal requirement that such communications be made in writing.
The NOOK.co.uk Site and the Barnes & Noble eReader Software are provided by Barnes & Noble on an "as is" and "as available" basis. To the fullest extent permissible by applicable local law, each Barnes & Noble provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, and to the maximum extent permitted by applicable law, neither Barnes & Noble nor any Barnes & Noble Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the NOOK.co.uk Site or the information, Content, including Digital Content and User Created Content, the Barnes & Noble eReader Software and materials or products included thereon; (ii) that the NOOK.co.uk Site or the Barnes & Noble eReader Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information, Content, including Digital Content and User Created Content, service, the Barnes & Noble eReader Software or merchandise provided through the NOOK.co.uk Site; or (iv) that the NOOK.co.uk Site, its servers, the Barnes & Noble eReader Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of Barnes & Noble are free of viruses, scripts, trojan horses, worms or other harmful components.
Barnes & Noble does not guarantee continuous, uninterrupted or secure access to the NOOK.co.uk Site, the Barnes & Noble eReader Software or any related services. The operation of the NOOK.co.uk Site and the Barnes & Noble eReader Software may be interfered with by numerous factors outside the control of Barnes & Noble.
Under no circumstances shall Barnes & Noble or any Barnes & Noble Provider be liable for any damages that result from the use of or inability to use the NOOK.co.uk Site, including but not limited to reliance by a User on any information obtained from the NOOK.co.uk Site or that results from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Barnes & Noble's records, programs or services. The User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the Barnes & Noble eReader Software, merchandise and services available through the NOOK.co.uk Site.
To the maximum extent permitted by local law, neither Barnes & Noble nor any Barnes & Noble Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the NOOK.co.uk Site, the Barnes & Noble eReader Software or the purchase or download of any Content, including Digital Content, or product therefrom, even if Barnes & Noble or any Barnes & Noble Provider have been advised of the possibility of such damages.
Certain states, foreign jurisdictions and local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions or limitations may not apply to such User, and such User may have additional rights.