Conditions of Use
Welcome to Smith & Noble. Smith & Noble provides website and other electronic services subject to the conditions set out below (“Conditions”). By using and shopping via Smith & Noble’s website(s), Smith & Noble’s mobile services, Smith & Noble’s telephone ordering and interactive voice response services, Smith & Noble’s software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions (“Smith & Noble Services”), you accept these Conditions. In some instances, a particular Smith & Noble Service or a product purchased through the Smith & Noble Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Smith & Noble Services.
Smith & Noble makes no representation that content included in any Smith & Noble Services is appropriate or available for use in locations other than in the United States, and access to the Smith & Noble Services from territories where their content is illegal is prohibited. Those who choose to access the Smith & Noble Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Smith & Noble Service in violation of U.S. export laws and regulations.
Change of Terms
Smith & Noble may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Smith & Noble may give by any means, including, without limitation, by posting the revised Conditions on the Smith & Noble Services. You are responsible for reviewing the Smith & Noble Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Smith & Noble Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
Smith & Noble reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Smith & Noble, and may be adjusted by Smith & Noble any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Copyright in the documents and material on the Smith & Noble Services is owned by or licensed to Smith & Noble. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Smith & Noble Services are either the property of, or used with permission of, Smith & Noble. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Smith & Noble Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Smith & Noble Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Smith & Noble Services without the written permission of Smith & Noble or any third party that may own such trademarks or service marks. Smith & Noble will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the Smith & Noble Services, you grant Smith & Noble a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Smith & Noble and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Smith & Noble for all claims resulting from any content that you supply. Smith & Noble has the right but not the obligation to monitor any activity and to edit or remove any content. Smith & Noble takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Smith & Noble vendors, do not constitute sponsorship, endorsement, or approval by Smith & Noble of the content, policies, or practices of such linked sites or services. Smith & Noble is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use the Smith & Noble Services, send e-mails to Smith & Noble, or receive electronic communications from Smith & Noble, you are, and consent to, communicating with Smith & Noble electronically. Smith & Noble may communicate with you by e-mail or by posting notices on one or more of the Smith & Noble Services. You agree that all notices, disclosures, agreements, policies, and other communications that Smith & Noble provides to you electronically satisfy any requirement that such communications be in writing.
The Smith & Noble Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Smith & Noble, and access certain other features (collectively, the “Mobile Services”). Smith & Noble does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Smith & Noble, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Smith & Noble, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Smith & Noble may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Smith & Noble. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Smith & Noble intends to send to you are not sent to another person.
For Smith & Noble’s “Mobile Alerts”, you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts signup page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Smith & Noble Mobile Alert, contacting Customer Service at 800.248.8888, or by mailing a request to Smith & Noble Customer Service, 1181 California Avenue, Corona, CA 92881. We are always happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE Smith & Noble SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, Smith & Noble MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE Smith & Noble SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Smith & Noble DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE Smith & Noble SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL Smith & Noble OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Smith & Noble SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Smith & Noble SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Smith & Noble IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Smith & Noble DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Smith & Noble SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Smith & Noble SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL Smith & Noble OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE Smith & Noble SERVICES, EVEN IF Smith & Noble IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Smith & Noble’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Smith & Noble and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Smith & Noble Services.
Your Access to Smith & Noble Services
When you use the Smith & Noble Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Smith & Noble Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Smith & Noble sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Smith & Noble Services only with the involvement of a parent or guardian. Smith & Noble reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Smith & Noble Services. In the event that Smith & Noble denies you access to one or more Smith & Noble Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Smith & Noble has designated an agent to receive notification of alleged copyright infringement occurring on the Smith & Noble Services:
DMCA Notification Agent
Attn: Legal Department
Smith & Noble
1181 California Avenue
Corona, CA 92881
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Smith & Noble to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Smith & Noble of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Smith & Noble Service are involved, please provide a representative list of such works on that Smith & Noble Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit Smith & Noble to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
- Certify that the information that you have provided Smith & Noble is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
Smith & Noble may not be able to act on your complaint promptly or at all if you do not provide this information.
These Conditions contain the entire understanding of you and Smith & Noble with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Smith & Noble with respect to the subject matter hereof. The failure of Smith & Noble at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Smith & Noble to thereafter enforce each and every provision of these Conditions. No waiver by Smith & Noble of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of California, Riverside or Orange County, or of the U.S. District Court for Southern California, and Smith & Noble and you consent to the personal jurisdiction and venue of such courts.
Last updated: May 29, 2012