TERMS AND CONDITIONS OF USE
The Web site for World Book Online ("Site") is owned by World Book, Inc. ("World Book").
2. Registration and Usage Authorization.
By using the Site, 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 site.
3. Access to the Site.
4. Charges and Payment.
Unless otherwise agreed, all charges you incur for use of the Site will be charged to the credit card number provided by you at the time of purchase. If World Book Online does not receive payment from the card issuer, you agree to pay World Book Online all amounts due upon demand. World Book Online may take commercially reasonable actions to validate your credit card. You agree to pay all attorney and collection fees arising from World Book Online efforts to collect any past due amounts from you to the extent allowed by law.
5. Term and Termination.
The term of your subscription shall commence on World Book's acceptance of your registration and shall end after expiration of the time period for the subscription plan you selected as described in the "Subscription Plan" schedule.
You may only terminate your subscription, by following the instructions in the My Account section of the Site Web site, effective at the end of the then current term for the subscription plan you selected. You will not receive any refund of the subscription fee paid to World Book.
World Book may terminate your subscription at any time for any or no reason. If World Book terminates your subscription (other than for: a) your breach of this Agreement or the World Book Acceptable Use Policy or b) Your use of the Site in a manner which is disruptive, causes a malfunction of the Site, violates the intellectual property or privacy or publicity rights of World Book or a third party, or violates any other applicable laws and regulations), World Book shall refund to you, at World Book's option, either the full subscription fee you paid to World Book for your then current term or a pro rated portion of the subscription fee you paid to World Book for the unexpired portion of the term of your subscription. On the effective date of termination, all rights granted to you under the Agreement terminate immediately.
6. Changes and Notifications.
If you find any change World Book Online makes to be unacceptable, you may terminate your subscription to the Site in accordance with this Agreement. Your use of the Site after the effective date of a change constitutes your continued acceptance of the site Agreement and the Site, as changed.
7. Usage Obligations.
The Site 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:
8. Acceptable Use of the Site.
In order to use the Site, 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.
9. Warranty Disclaimer.
The Content, services, information and access to the Site 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 Site will operate uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Site and access to the Site 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 Site 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 sites that link to or from the Site. World Book cannot be held responsible for the material contained on third party sites 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 sites.
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.
10. 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 Site, 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 site in violation of these terms or the infringement by you of any Intellectual Property Rights of any person or entity.
11. Governing Law and Arbitration.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Site, 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 Site 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.
12. 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.