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<p>Please read the following important legal information before accessing or using this website (“SparkNotes Site”).
The use of this website by a user (“User” or “you”) constitutes an agreement to abide by the terms and conditions below, just as if you had signed this Agreement.</p>
<p>SparkNotes may revise this Agreement from time to time by updating this posting.</p>
<p>SparkNotes.com is an online information, products and communications service (the "Service") provided by SparkNotes LLC (referred to herein as "SparkNotes" or “we”).</p>
<li>Licenses and Restrictions </li>
<p>SparkNotes grants User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with SparkNotes) of the contents of the SparkNotes Site (“Content”).
Additional terms and conditions apply to User Created Content, as that term is defined in Section K below.</p>
<p>The foregoing licenses do not include any rights to:</p>
<li>modify, download (other than page caching), reproduce, copy, or resell the SparkNotes Site, the Content or any portion or derivative thereof.
<li>commercially use the SparkNotes Site, the Content or any portion derivative thereof (unless User has a business relationship with SparkNotes).
<li>copy or download any User's account or profile information for the benefit of any third party.
<li>enable high volume, automated, electronic processes that apply to the SparkNotes Site or its systems, the Content or any portion or derivative thereof.
<li>use any robot, spider, data miner, crawler, scraper or other automated means to access or index the SparkNotes Site or its systems, the Content or any portion or derivative thereof for any purpose.
<li>interfere or attempt to interfere with the proper working of the SparkNotes Site.
<li>bypass any SparkNotes measures used to prevent or restrict access to any portion of the SparkNotes Site, the Content or any portion or derivative thereof.
<li>frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SparkNotes.
<li>use SparkNotes name, trademarks, services marks or logos in any meta tags or any other "hidden text".
<li>compile, repackage, disseminate or otherwise use data extracted from the SparkNotes Site.
<p>The foregoing is expressly prohibited.
the right to do any of the foregoing shall require SparkNotes’ express written consent (which may include a written agreement signed by an authorized representative of SparkNotes).
Any unauthorized use of the SparkNotes Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by SparkNotes.</p>
<li>Certain Requirements of User</li>
<p>You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Web.
and (2) provide for your own connection to the Web and pay any telephone service fees associated with such connection.
Right to Terminate Access to the Service</li>
<p>You are solely responsible for the content of your communications with other users of the Service.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
SparkNotes retains the right, at SparkNotes' sole discretion, to determine whether or not your conduct is consistent with this Agreement and SparkNotes' operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies.
You acknowledge and agree that SparkNotes neither endorses the content of any of its user's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Without limitation, SparkNotes reserves the right to terminate your access to and use of the Service if, in our view, your conduct or communications:</p>
<li>contains, promotes or links to sexually explicit or violent material.
<li>promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age.
<li>contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material.
<li>contains information regarding, promotes or links to a site that provides information or promotes illegal activity.
<li>is considered by us or any person with access to such content to be "junk mail," "chain letters," duplicative or unsolicited mass mailing, instant messaging, "spimming," “phishing” or "spamming;”</li>
<li>is considered by us or any person with access to such content to be obscene, lewd, lascivious, filthy, excessively violent, threatening, harassing or otherwise objectionable, whether or not such material is constitutionally protected.
<li>is deemed by us to be unsuitable for any other reason.</li>
<p>You understand that we reserve the right to conclude that your conduct is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we allow other users access to the Service despite their communications having the same or similar characteristics as yours.
You also understand that by providing any user access to and use of the Service, SparkNotes in no way endorses user communications as being suitable under the terms of this Agreement.</p>
<li>Modifications to Your Information and Password</li>
<p>Every User that has an account on the SparkNotes Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer.
and (iii) keeping the e-mail address associated with that account current.
In order to change any of your account information with us, you must use your Password.
In no event will SparkNotes be liable for the unauthorized use or misuse of your Password.</p>
<li>Disclaimer of Warranties.
Limitation of Liability</li>
<p>SparkNotes does not guarantee that files available for downloading through the Service will be free of contaminating or damaging code such as viruses, trap doors and the like.
SparkNotes does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Service or on the Internet generally.
Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users.
This information is not verified or substantiated by SparkNotes and SparkNotes is not responsible for any inaccuracies or omissions.
<p>YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
SparkNotes EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES.
AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SparkNotes MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
NOR DOES SparkNotes MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU SPECIFICALLY ACKNOWLEDGE THAT SparkNotes IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SparkNotes MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SparkNotes OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>NEITHER SparkNotes NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.</p>
<p>Furthermore, the Content is not intended to be a substitute for professional medical, therapeutic or psychological advice or counseling.
Reliance on any information appearing on the SparkNotes Site is strictly at your own risk.</p>
<p>The SparkNotes Site may contain the opinions and views of other Users.
Given the interactive nature of the SparkNotes Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our Users.
<p>The content of the SparkNotes Site is intended for educational and entertainment purposes only.
Such content is not intended to, and do not, constitute legal, professional, medical, psychological, therapeutic or healthcare advice or diagnosis or counseling, and may not be used for such purposes.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
You should not act or refrain from acting on the basis of any content included in, or accessible through, the SparkNotes Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.</p>
<p>You agree to indemnify and hold SparkNotes, its its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors and content partners harmless from any dispute which may arise from a breach of terms of this Agreement.
You agree to hold SparkNotes harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.</p>
<p>The materials provided on the Service may be downloaded or reprinted for personal use only.
You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are 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 hereafter developed.
All Content is copyrighted as a collective work under the U.S.
copyright laws, and SparkNotes owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
SparkNotes or its affiliates, or third parties from whom SparkNotes has permission, own the trademarks or service marks that are used on the SparkNotes website.
All rights are reserved.
These and other graphics, logos, service marks, trademarks and trade dress of SparkNotes and its licensors may not be used without prior written consent of SparkNotes or its licensor, as the case may be.
Without limiting the foregoing, no SparkNotes trademark or trade dress may be used in connection with any product or service that is not SparkNotes', in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits SparkNotes.
Other products, brands, company names and the like are trademarks of their respective owners.</p>
<li>No Copying or Distribution</li>
<p>You may not reproduce, copy or redistribute the design or layout of this website, individual elements of the web site design, SparkNotes logos or other logos appearing on this website, without the express written permission of SparkNotes, Inc.
Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the SparkNotes website is strictly prohibited without the express written permission of SparkNotes, Inc.
Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.
<p>This website is controlled by SparkNotes from its offices in New York City, New York, United States of America.
As this website can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of New York, by accessing this website both you and SparkNotes agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website.
SparkNotes makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.</p>
User Created Content</li>
<p>The SparkNotes 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 K, Interactive Community.
User Created Content, applies to the activities of persons who are using interactive services on the SparkNotes Site ("Interactive Community Users").
The scope of these services may change from time to time, with or without notice.
You are using Interactive Community services if you create a profile, take a SparkTest, comment on a blog post, take a poll or quiz, submit a question, comment or blog post via email to email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, or any other email address that SparkNotes publishes on the Site, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.</p>
If you are using any Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content").
User is prohibited from posting on or transmitting through the SparkNotes Site any unlawful, libelous, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, is injurious to the health of any user or otherwise violates any applicable law.
SparkNotes reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by 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, with or without prior notice or explanation, and without liability.</p>
<p>SparkNotes reserves the right, in 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.</p>
<p>If you become aware of misuse of the Interactive Community services, including any unlawful, libelous, tortious, 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 email the SparkNotes editors at email@example.com, or activate the Flag feature on the page in question, if available.</p>
<p>Notwithstanding the foregoing, SparkNotes assumes no responsibility for ongoing monitoring of the SparkNotes Site or for removal or editing of any User Created Content, even after receiving notice.
SparkNotes assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
<p>The SparkNotes online interactive community is not designed for use by Minors (as defined in Section S below).
No children under the age of 13 are permitted to register or create user profiles.
and individuals ages 13 through 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.
SparkNotes does not specifically sponsor or endorse any of these sites or their services.</p>
<p>You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," “phishing” or "spamming".
contains restricted or password only access pages or hidden page 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 SparkNotes 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 unauthorized 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 SparkNotes 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 SparkNotes 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 SparkNotes Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.</p>
<p>Interactive Community Users may upload to or otherwise submit to SparkNotes for distribution on the SparkNotes Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions.
or (ii) User Created Content in which the owner or licensor has given express authorization for SparkNotes 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." SparkNotes is entitled to presume that all User Created Content conforms to the foregoing requirements.
The unauthorized 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 unauthorized submission or submission of User Created Content.
SparkNotes 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.
<p>Further, if your User Created Content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant SparkNotes the right to use all such User Created Content as described above, (ii) the User Created Content was produced in compliance with all applicable laws and regulations and (iii) for any User Created Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S.
passport, state driver’s license or valid photo ID card) to verify the individual’s identity.
With the submission of each such User Created Content, SparkNotes reserves the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.
In addition, you will promptly comply with any specific requests or directions we give you in connection with User Created Content you submit.</p>
<p>By submitting User Created Content on the SparkNotes Site, you automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted to SparkNotes and its affiliates, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, re-format, translate, sublicense, copy, modify, delete, enhance, display, archive, publish, perform, disclose, transmit, broadcast, post, create derivative works of, sell and distribute the User Created Content, and your name, voice, likeness and other identifying information, 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 for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Created Content.
Subject to this grant, the licensor of User Created Content submitted to SparkNotes retains any and all rights which may exist in such User Created Content.
You hereby waive any moral rights you may have in and to any of User Created Content, even if such material is altered or changed in a manner not agreeable to you.</p>
<p>You agree and understand that SparkNotes is not obligated to use User Created Content submitted through the SparkNotes Site or otherwise, and may alternatively choose to discard, and limit or block access to User Created Content without any liability whatsoever.
The amount of storage space on the SparkNotes Site per user is limited.
Some User Created Content may not be processed due to space constraints or outbound message limitations.
You understand, acknowledge and agree that we assume no responsibility for deletion of User Created Content or any failure to store, receive or deliver User Created Content in a timely manner or any other matter relating to User Created Content.
<p>All of your User Created Content is your sole responsibility.
This means that you, and not SparkNotes, are entirely responsible for all of your User Created Content that you upload, post, e-mail, transmit or otherwise make available via the SparkNotes Site.
If you post personal information on the SparkNotes Site then you may receive unsolicited messages from third parties.
SparkNotes cannot ensure the security of any information you post on publicly available areas of the SparkNotes Site.
Under no circumstances will we be liable in any way for any of your User Created Content including, but not limited to, any errors or omissions in your User Created Content, or for any loss or damage of any kind incurred as a result of your User Created Content.
You agree that you must evaluate, and bear all risks associated with, the use of any of your User Created Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your User Created Content.
Since SparkNotes may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in your User Created Content.
<li>Wireless Marketing Services and Promotional Opportunities</li>
<p>SparkNotes may provide Users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones.
Users are required to provide their consent to receive such information from SparkNotes, either by registering on the SparkNotes Site or via their wireless device.
The information requested as part of the online registration process is a User’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name.
Optional information may be requested for specific promotions, such as a User’s preferences regarding goods or services, choices of music or artists, or other similar survey information.
<p>Users that register for SparkNotes’ wireless marketing services acknowledge, understand and agree that they will be charged by the User’s wireless carrier for all messages sent to the User from SparkNotes.
Standard messaging rates will apply, unless noted otherwise.
Under no circumstances will SparkNotes be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a User’s wireless device, telephone number, or email address.
<p>User understands, acknowledges and agrees that SparkNotes may, at its sole discretion and without liability to any User, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice.
SparkNotes may provide notice of terminations or changes in services on the SparkNotes Site.</p>
<p>There may be portions of the SparkNotes Site, content, functionality or features (e.g, digital streaming media player(s)) (“Viral Features”) that we make available to Users for your personal use.
<li>Contests, Sweepstakes, Auctions and Promotions</li>
<p>From time to time, SparkNotes or the SparkNotes Site’s operational service providers, suppliers, and advertisers, may conduct promotions on or through the SparkNotes Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”).
All contests that are held on the SparkNotes Site are limited to persons above a certain age.
Accordingly, we may ask each contestant to provide year of birth, as well as name, address, and email address.
Please refer to the specific age requirements for each contest as rules may vary from contest to contest.
<li>Certain Products and Services</li>
<p>The SparkNotes Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“RSS Content”) from the SparkNotes Site that is provided over the Internet using an XML feed.
Certain RSS Feeds may include as part of the RSS Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a User’s computer or transferred to a portable listening device.
RSS Certain software and hardware is required for Users to download and view and/or play Content through RSS Feeds.</p>
<p>RSS Content is protected by U.S.
Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the RSS Content are reserved to SparkNotes or the content provider.
RSS Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening or viewing device or a computer the RSS Feeds and associated RSS Content for your personal, non-commercial use only.
You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any RSS Content except as expressly authorized in this Section O.</p>
<p>By your access to and use of RSS Feeds, you understand, acknowledge and agree that the SparkNotes Site, SparkNotes does not warrant that its RSS Feeds will operate on all User equipment.
Please see the “Disclaimer of Warranties.
Limitation of Liability” section above for further details.</p>
<p>If SparkNotes offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the additional terms and conditions governing the applicable Mobile Application Service.
We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms.
However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services.
You should check with your carrier to find out what plans your carrier offers and how much the plans cost.
In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices.
Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services.
If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.</p>
<p>Under no circumstances will SparkNotes be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.</p>
<li>Hyperlinks to Third Party Sites</li>
<p>The SparkNotes Site may contain hyperlinks to other web sites ("Other Sites").
If you use the hyperlinks to access these Other Sites, you will leave the SparkNotes Site and your browser will be re-directed to the Other Sites.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the SparkNotes Site or any other form of link or re-direction of your connection to, with or through the SparkNotes Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SparkNotes, any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, or operational service providers.
We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether SparkNotes’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.
The SparkNotes Site is only providing these links to you as a convenience.
If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability.
<li>Our Linking Policy</li>
<p>Any web site that links to the SparkNotes Site: (a) must not frame or create a browser or border environment around any of the Content of the SparkNotes Site.
(b) may link to, but not replicate, the Content.
(c) must not imply that SparkNotes or the SparkNotes Site are endorsing or sponsoring it or its products, unless SparkNotes has given its prior written consent.
(d) must not present false information about SparkNotes or its products or services.
(e) must not use any SparkNotes trademarks without the prior written permission from SparkNotes.
and (f) must not contain content that could be construed as distasteful, offensive or controversial.
By linking to any of the SparkNotes Site, you agree that you do and will continue to comply with the above linking requirements.
<li>Age of Users</li>
<p>Individuals under the age of 18 ("Minors") are not permitted to use the SparkNotes Site 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 SparkNotes Site, we will remove that information as soon as possible.</p>
In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in the United States District Court for the Southern District of New York, or any other court having jurisdiction thereof.</p>
<p>Alternatively, at SparkNotes' sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York.
You hereby expressly submit to the personal jurisdiction of the Superior Court of New York, and of the United States District Court for the Southern District of New York.</p>
<p>Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.</p>
<p>You are solely responsible for your interactions with other Users.
SparkNotes reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.</p>
Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision.
<li>Digital Millennium Copyright Act</li>
<p>The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S.
If you believe in good faith that materials hosted by SparkNotes, including User Created Content, infringe your copyright, you (or your agent) may send SparkNotes a notice requesting that the material be removed or access to it blocked.
The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works).
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SparkNotes to locate the material on the SparkNotes Site.
(d) the name, address, telephone number and e-mail address (if available) of the complaining party.
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SparkNotes a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
see http://www.loc.gov/copyright for details.
Notices and counter-notices with respect to this website should be sent to: Director-Legal Affairs, Barnesandnoble.com LLC, 1166 Avenue of the Americas,18th Floor, New York, New York 10036, at DMCANOTICE@Barnesandnoble.com.
SparkNotes suggests that you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the DMCA.</p>
<p>Copyright Policy: http://www.barnesandnoble.com/include/copyright.asp</p>
"Including" means "including, without limitation."</p>
These terms were last revised on August 6, 2010.
<p>If you have any questions about this statement, the practices of this site, or your dealings with this website, you may contact</p>
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