| Welcome to Alibris ("Alibris," "us," or "we"). By using our Web site (the "Alibris Site"), you agree to these Terms of Use. If we decide to change our Terms of Use, we will post the updated Terms or Use on this page so that you are always aware of the rules that apply to the Alibris Site. The services offered by Alibris include the online store, the Alibris Site, and any other features, content, or service offered from time to time by us in connection with the online store and Alibris Site (collectively, the "Services").
Your use of the Alibris Site
You agree that you will not use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the Alibris Site or the Content (as defined below in the Section "About the Alibris Site and the Rights to Content") contained thereon without our prior written consent. You also agree that you will not frame any portion of the Alibris Site without our prior written consent. Your use of and access to the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the Services. In addition, you agree that: (1) you will not interfere with another member's use and enjoyment of the Services; (2) you will not interfere with or disrupt Alibris' security measures; (3) you will not interfere with or disrupt networks connected to Alibris, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Alibris. You also agree to indemnify and hold Alibris, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Services, your violation of these Terms of Use, or your violation of the rights of any third party. We may terminate your Alibris account or suspend your access to all or part of the Services, without notice, if you violate these Terms of Use or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Alibris, any other Alibris user, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers. About the Alibris Site and the Rights to Content
You may post certain "Content" (which means, without limitation, any and all postings, product reviews, product ratings, messages, opinions, texts, files, links, images, photos, video, sounds, works of authorship, feedback, or other materials) on the Services and to be able to legally provide you and other users with the Services, we have to have certain rights to use such Content. In return, we also grant you certain use rights to the Content that we (or other users) own. By posting any Content on theServices, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth in these Terms of Use. The Alibris Site contains Content provided by us and our licensors ("Alibris Site Content"). We and our licensors (which includes other users of the Services) own and retain all proprietary rights in the Alibris Site Content and the Services. The compilation of all Content on this site is the exclusive property of Alibris. You may not alter or remove any trademark, copyright, patent or other notice from copies of Content.
Provided you are a user of the Services, and subject to the terms and conditions of these Terms and Conditions, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Alibris Site Content from the Services solely for your personal use in connection with viewing the Alibris Site and using the Services that we offer.
You acknowledge that all the intellectual property rights in the Content (other than the Content you provide) are owned by Alibris or our licensors (including users of the Services). Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and not to decompile, reverse engineer, or copy any Content (other than the Content you provide) for which the source code is not provided to you. Alibris respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. Alibris may terminate the account of any user who Alibris believes, in its sole discretion, has infringed upon the copyright or other intellectual property right of others. You may review our copyright notice by clicking here
Alibris and all other Alibris logos and trade names are trademarks or registered trademarks of Alibris. All trademarks used on the Services are the property of their respective owners.
One or more patents may apply to this Web site, including without limitation:
U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142. Acceptable Use and Conduct
You are solely responsible for any and all Content that is posted by or through your Alibris account on the Services and for your interactions with any other user of the Services.
You agree that you will not post any Prohibited Content. "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Services; (x) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) otherwise violates the terms of these Terms and Conditions or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Services or otherwise have the right to grant the license set forth in this Agreement and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Alibris account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates these Terms and Conditions or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us, any user, or third party. (Please see our intellectual property policy.) We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms and Conditions. You understand and agree that Alibris is under no obligation to display, reproduce, or distribute the Content (including Prohibited Content) that you post. Third Parties and other Users
Content from other users, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and other third parties. Your interactions with other users on the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any other user of the Services), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other users. You will not use any Content and other information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Services without their prior explicit consent. Establishing an account with Alibris
To order from us you must set up an Alibris account. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate account information (such as your real name, valid e-mail and delivery addresses, and accurate, non-fraudulent payment information) and will update your account information if it becomes outdated. We may terminate your account if we are unable to verify or authenticate the information you provide to us. You agree to protect your account by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify Alibris immediately if you believe your account has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your account, any orders you place with us, or any other services we provide to you. For more information about how we treat the information you provide to us, you may review our Privacy Policy. Returns policy
Alibris promises that the condition of every item listed on the Alibris Site is as described in those listings. If you are not satisfied that your item is as described, please visit our Returns Policy for important instructions. YOU AGREE THAT A REFUND WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ALIBRIS ITEM YOU RECEIVE THAT IS NOT AS DESCRIBED ON THE ALIBRIS SITE, AND YOU WAIVE ALL OTHER REMEDIES OR ACTIONS IN SUCH EVENT. Canceled and lost orders
Occasionally, an item will be listed for sale on our site that has actually been sold. This may be caused by both system and/or human delays in updating our databases after the item was sold. If you order such an item, your order will be canceled and Alibris has no obligation to provide you with such item. Although rare, it is possible that an item shipped via either our Standard or our Expedited ship methods could get lost in transit.
If an item is not received within thirty (30) days after the shipment date, please notify our Customer Service Department. Lost-in-the-mail claims for orders must be submitted to Customer Service no later than ninety (90) days from the date your item was shipped.
Limitation of liability
By using the Services, you expressly agree that your use of the Services is at your sole risk. Alibris endeavors to provide service of the highest quality, but we cannot guarantee that our Services will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Services. Alibris is a distributor and not a publisher of content (including information, data, and other material) supplied by third parties and by users like you. Neither Alibris nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Alibris (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Alibris. It is your responsibility to evaluate the information, opinion, advice, or other content available through Alibris. EXCEPT FOR THE RETURNS POLICY DESCRIBED ABOVE, ALIBRIS PROVIDES THE SERVICES AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, OR THE PRODUCTS SOLD THROUGH THE SERVICES, AND ALIBRIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. ALIBRIS DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THE SERVICES IS ACCURATE, CURRENT, OR COMPLETE. IN NO EVENT SHALL ALIBRIS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ALIBRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING ALIBRIS, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL MERCHANDISE, SERVICES, AND CONTENT AVAILABLE THROUGH ALIBRIS. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL ALIBRIS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID ALIBRIS FOR USE OF THE SERVICES AND FOR PRODUCTS YOU PURCHASED AS A RESULT OF THE USE IN QUESTION. Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.
Miscellaneous
The Services are created, offered, controlled and operated by Alibris in the State of California, USA. If you choose to access the Services from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Alibris is located at 1250 45th Street, Emeryville, California 94608, and can be reached by telephone at (510) 594-4500. If you are a California resident, you may have these Terms of Use emailed to you by sending a letter to the foregoing address with your email address and a request for this information. We ask that you bring service problems to our attention, but you may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210. Alibris reserves the right to change these Terms of Use without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal jurisdiction and exclusive venue of these courts. We enjoy hearing from you and welcome your comments about our products and Services. However, if you send us a business idea or suggestion (for example, about how to improve or expand our products and services), you agree that we will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you. If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Alibris with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements. Alibris reserves the right to make changes to, or discountinue the Services, or parts thereof, and our policies at any time at our sole discretion. |  |
