THE EXPANDED BOOKS' TERMS OF USE AGREEMENT

(Last Modified May 2008)

Thank you for your interest in EXPANDED BOOKS. Please read this page in its entirety as it explains your rights and responsibilities. You must agree, without modification, to accept the following terms of use ("Agreement") between you and EXPANDED BOOKS, LLC., a California Limited Liability Company ("EXPANDED BOOKS "). Your use of the EXPANDED BOOKS site constitutes a full and complete acceptance of the terms of this Agreement. For purposes of this Agreement, the term EXPANDED BOOKS means EXPANDED BOOKS 's Web sites, including, without limitation, www.expandedbooks.com, as well as any other Web sites that may now or hereafter contain an authorized EXPANDED BOOKS branded area or window (collectively, "EXPANDED BOOKS Network").

I. Subsequent Revisions to Agreement

EXPANDED BOOKS may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms of use.

II. All Rights Reserved

EXPANDED BOOKS reserves all right, title, and interest not expressly granted under this Agreement. Copyright. All content, which includes, without limitation, articles, films, media files, reviews, software, and source code (collectively, "Content"), on the EXPANDED BOOKS Network is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of EXPANDED BOOKS and its Content providers. Trademark. The names or services on the EXPANDED BOOKS Network, including, without limitation, "EXPANDED BOOKS" is a trademark or registered trademark of EXPANDED BOOKS. Other names or services on the EXPANDED BOOKS Network may be the trademarks of the respective owners. You agree not to use any EXPANDED BOOKS trademarks or any confusingly similar marks for any purpose without the express prior written consent of EXPANDED BOOKS in each instance. Violations may result in severe civil and criminal penalties.

III. Use of Material

EXPANDED BOOKS authorizes you to access and use the Content solely for your personal, non-commercial use. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition of your use of the EXPANDED BOOKS Network, you warrant to EXPANDED BOOKS that you will not use the EXPANDED BOOKS Network for any unlawful purpose or purpose prohibited by this Agreement.

If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. EXPANDED BOOKS makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the EXPANDED BOOKS Network.

IV. Your Use of the EXPANDED BOOKS Network Is at Your Own Risk

The EXPANDED BOOKS Network may contain inaccuracies or typographical errors. EXPANDED BOOKS makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the EXPANDED BOOKS Network or the Content. Your use of the EXPANDED BOOKS Network, including, without limitation, the services and information, contained therein, is on an "as is" basis and is at your own risk. EXPANDED BOOKS may make changes in the Content at any time.

Disclaimer of Liability. EXPANDED BOOKS, ITS RESPRECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY " EXPANDED BOOKS ") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE EXPANDED BOOKS NETWORK AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

EXPANDED BOOKS Makes No Representations or Warranties. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, EXPANDED BOOKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.

Third Party Links. The EXPANDED BOOKS Network may contain links to Web sites ("Third Party Web Sites") operated by parties other than EXPANDED BOOKS and EXPANDED BOOKS may license Content from the EXPANDED BOOKS Network for use by Third Party Web Sites. EXPANDED BOOKS makes no representation or endorsement of the Third Party Web Sites and you access them at your own risk.

Use Of Web Communities At Your Own Risk. The EXPANDED BOOKS Network contains bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities, including, without limitation, "Classifieds" ("Communities"). EXPANDED BOOKS does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and EXPANDED BOOKS assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does EXPANDED BOOKS represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement.

EXPANDED BOOKS reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that EXPANDED BOOKS deems inappropriate for inclusion in the Communities. EXPANDED BOOKS reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or this Agreement. The Communities are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, EXPANDED BOOKS shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk so be careful about disclosing your personal information.

When using the Communities you may not do any of the following:

  • a. Restrict or inhibit any other user from using and enjoying the Communities.
  • b. Post or transmit any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other information of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, information that constitutes the following: Infringement. Information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information. Software. Software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another's computer or the EXPANDED BOOKS Network.
  • c. Post advertisements of solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by EXPANDED BOOKS.
  • d. Post chain letters or pyramid schemes or impersonate another person.
  • e. Manipulate headers or identifiers so as to disguise the origin or content of any posting.
  • f. Do any act which interferes with or slows the operation of the EXPANDED BOOKS Network.

EXPANDED BOOKS may condition your right to participate in the Communities on your furnishing to EXPANDED BOOKS and keeping updated at all times such personal identifying information as EXPANDED BOOKS may reasonably require, including, without limitation, your true name and a current, active e-mail address. EXPANDED BOOKS reserves the right to suspend or terminate your access to some or all of the Communities if EXPANDED BOOKS has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Communities.

By posting material to the Communities, you automatically grant to EXPANDED BOOKS a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise.

VI. Miscellaneous

Use of Information: Subject to such privacy policies as EXPANDED BOOKS may establish and post on the EXPANDED BOOKS Network from time to time, EXPANDED BOOKS may use the information it obtains relating to you, including, without limitation, your IP address, name, mailing address, e-mail address and use of the EXPANDED BOOKS Network for its internal business and marketing purposes and such information may be disclosed to third parties for such purposes and for any other purposes set forth in EXPANDED BOOKS 's privacy policy.

Choice of Law and Forum. This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to this Agreement must be brought in a state or Federal court in the State of California, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, EXPANDED BOOKS reserves the right to commence an action in your home state in regards to this Agreement.

Indemnity. You agree to defend, indemnify and hold harmless EXPANDED BOOKS, its licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post to the Communities or any use of the Content by you or under your control.

Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Use of "You" or "Your". The words "you" or "your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.

Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of EXPANDED BOOKS.

Copyright Complaints. If you believe that your work has been copied and is accessible on the EXPANDED BOOKS Network in such a manner as to constitute copyright infringement, you may notify EXPANDED BOOKS by providing EXPANDED BOOKS's copyright agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

EXPANDED BOOKS's agent for notice of claims of copyright infringement on the EXPANDED BOOKS Network may be reached as follows:

By mail:
MasterOfContent
10117 Mountair Avenue
Tujunga, CA 91042
Telephone: 818-446-0500

By email:
masterofcontent@expandedbooks.com

Printed Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.