Terms and Conditions
AbeBooks Web Site Terms and Conditions
Last Revised June 12, 2002
THESE
TERMS AND CONDITIONS GOVERN YOUR USE OF THE ABEBOOKS WEB SITES
(THE "WEB SITES") OPERATED BY ABEBOOKS EUROPE GMBH ("AbeBooks
EU"). BY USING THE WEB SITES, YOU ACKNOWLEDGE AND SIGNIFY
THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE
TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE
TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITES.
1. Changes to these Terms and Conditions
AbeBooks EU may, in its discretion, change, supplement or amend
these Terms and Conditions as they relate to your future use of
the Web sites from time to time, for any reason, and without any
prior notice or liability to you or any other person, by posting
the modified Terms and Conditions on the Web sites. You may not
change, supplement, or amend these Terms and Conditions in any
manner. Each time you use the Web sites, you acknowledge and signify
that you have read, understood, and agreed to be bound by these
Terms and Conditions as they then read.
2. The AbeBooks EU Customer Agreement
These Terms and Conditions supplement the AbeBooks EU Customer Agreement,
which applies to registered AbeBooks EU customers. The AbeBooks EU Customer
Agreement may be viewed by clicking here.
3. Permission to use the Web sites
The Web sites may be accessed and used only by individuals who
are able to enter into legally binding and enforceable contracts.
Users of the Web sites must comply with all applicable laws. Persons in jurisdictions may not use the Web sites where access
to or use of the Web sites or any part of them may be illegal
or prohibited. If you breach any provision of these Terms and
Conditions, you may no longer use the Web sites. AbeBooks EU may
in its discretion refuse permission to access and use the Web
sites.
The
Web sites are made available to you for your lawful, personal,
non-commercial use only. You may access and browse the Web sites
only using commercially available, SSL-capable Web browser software.
You may print or download the pages of the Web sites for your
personal, non-commercial use, provided that you do not modify
any of the pages or other content and you do not remove or alter
any visible or non-visible identification, marks, notices, or
disclaimers. The Web sites and their content may not be copied,
imitated, reproduced, republished, uploaded, posted, transmitted,
modified, indexed, catalogued, or distributed in any way, in whole
or in part, without the express prior written consent of AbeBooks
EU. You may not reproduce, copy, duplicate, sell, or resell any
part of the Web sites or access to the Web sites.
4. Disclaimer
The Web sites are provided on an "as is" and "as
available" basis, and without any representations, warranties
or conditions of any kind, whether express or implied, and including
without limitation implied conditions, warranties or representations
of merchantability, fitness for a particular purpose, performance,
durability, security, availability, or accessibility, all of which
are hereby disclaimed by AbeBooks EU to the fullest extent permitted
by law. You are solely responsible for: (a) obtaining, configuring
and maintaining all computer hardware, software, telephone services,
and other equipment and services necessary for You to access and
use the Web sites; (b) scanning for and preventing the receipt
and transmission of viruses, Trojan horses, worms or other destructive
or disruptive components; and (c) maintaining a complete and current
backup of all of the data contained on your computer system prior
to accessing or using the Web sites.
Regardless of the nature of the claim or the reasons for the loss and damages,
AbeBooks EU's liability is limited to foreseeable and direct damages
only. AbeBooks EU will not under any circumstances be liable to
you or any other person for any loss of use, loss of production,
loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss
or damage or punitive damages, whether in contract, tort or under
any other theory of law or equity, arising from, connected with,
or relating to the use of the Websites by you or any other person.
In no event will AbeBooks EU's total liability to you or any other person
for any claims, proceedings, liabilities, obligations, damages,
losses, and costs, whether in contract, tort or under any other
theory of law or equity, and regardless of any negligence or other
fault or wrongdoing by AbeBooks EU or any person for whom AbeBooks
EU is responsible, exceed the lesser of €25.00 or the purchase
price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation
of certain liabilities is prohibited by law in some jurisdictions.
Such limitations may apply to you. The warranty disclaimer and
liability exclusion and limitation clauses survive indefinitely
after the termination of this Agreement.
5. No Advice
The Web sites are not intended to be a comprehensive or detailed
statement concerning the matters addressed; professional or expert
advice or recommendations; or an offer or recommendation to sell
or buy any book or other item, product or service. You should
seek appropriate, qualified professional advice and recommendations
before acting or omitting to act based upon any information provided
on or though the Web sites.
6. Communications
Communications sent to AbeBooks EU by means of the Web sites or
email are not considered delivered or effective unless and until
they are actually received and processed by AbeBooks EU's responsible
representative.
7. Web site Content
AbeBooks EU is not obliged to monitor, screen, police or edit
the use of the Web sites, including postings of materials to the
Web sites, although AbeBooks EU reserves the right to do so in
its discretion. AbeBooks EU will respond as it considers appropriate,
in its discretion, if it becomes aware of any inappropriate uses
of the Web sites, including without limitation uses that constitute
copyright infringement. You may report any claims or concerns
(including copyright infringement claims) regarding Web sites
or their content by sending an email to webmaster@abebooks.com.
8. Ownership of the Web sites
Copyright © AbeBooks Europe GmbH 2002. All Rights Reserved.
The Web sites and their content (including all information in
text, graphical, video and audio forms, images, icons, software,
design, applications and other elements available on or through
the Websites) are the property of AbeBooks EU and others, and
are protected by international copyright and other laws. Your
use of the Web sites does not transfer to you any ownership or
other rights in the Web sites or their content.
9. Other Sites
The Web sites may include advertisements for, and links to, other
web sites or resources and businesses operated by other persons,
including booksellers ("Other Sites"). Other Sites are
independent from AbeBooks EU, and AbeBooks EU has no responsibility
or liability for or control over Other Sites, their business,
goods, services, or content. Links to Other Sites are provided
solely for your convenience. AbeBooks EU does not sponsor or endorse
any Other Sites or their content or the goods or services available
through those Other Sites. Your use of Other Sites and your dealings
with the owners or operators of Other Sites is at your own risk,
and you shall not make any claim against AbeBooks EU arising out
of your use of any Other Sites or your dealings with the owners
or operators of any Other Sites.
10. Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Web sites without the express written permission
of AbeBooks EU are strictly prohibited. To request permission
to link to the Web sites, please contact webmaster@abebooks.com.
The framing, mirroring, scraping or data mining of the Web sites
or any of their content in any form and by any method are strictly
prohibited.
You may not use any collaborative browsing or display technologies
in connection with your use of the Websites or to post comments,
communications, or any other data of any kind to or on the Websites
with the intention that other users of the Websites may view such
postings.
11. Personal Information Privacy
AbeBooks EU collects, uses, and discloses your personal information
in accordance with its Privacy Policy, which may be viewed by
clicking here. AbeBooks EU may change its Privacy Policy from
time to time in its sole discretion. Each time you use the Website,
you consent to AbeBooks EU's collection, use and disclosure of
your personal information in accordance with its Privacy Policy
as it then reads without any further notice or any liability to
you or any other person.
12. Unsolicited Submissions
If you send any unsolicited ideas, suggestions or other materials,
including ideas for new advertising campaigns, new promotions,
new or improved goods, services or technologies, product enhancements,
processes, materials, marketing plans, or new product names ("Submissions")
to AbeBooks EU or the Web sites, you automatically grant (or warrant
that the owner of the Submissions grants) to AbeBooks EU and its
assigns a perpetual, royalty-free, irrevocable, unrestricted,
non-exclusive, world-wide, assignable, sub-licensable, right and
license to use, copy, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display and
otherwise exploit the Submissions or any ideas, concepts, know-how
or techniques associated with the Submissions for any purpose
whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing compensation
to you or any other person, without any liability whatsoever,
and free from any obligation of confidence or other duties on
the part of AbeBooks EU or its assigns, and you agree, represent
and warrant that all moral rights in the Submissions are waived
in favour of AbeBooks EU and its assigns.
13. Software Agreements
AbeBooks EU may cause software to be available for you to download
from the Web sites or through other websites. The software is
protected by copyright. These Terms and Conditions and the software
licence agreement specific to the software govern your downloading
and use of the software.
14. Other Matters
These Terms and Conditions and all related matters are governed
solely by the laws of British Columbia, Canada and applicable
federal laws of Canada, excluding any rules of private international
law or the conflict of laws which would lead to the application
of any other laws. The United Nations Convention On Contracts
For The International Sale Of Goods does not apply.
For all disputes between AbeBooks EU and You or any other person arising
from, connected with or relating to the Web sites, these Terms
and Conditions, transactions facilitated or conducted through
the Web sites, Items ordered or purchased through the Websites,
dealings between You and AbeBooks EU, or any related matters or
any legal relationship associated therewith or derived there from
("Disputes"), the relevant parties will attempt to find
a reasonable solution least onerous to the parties. If a Dispute
cannot be resolved by the parties, then the Dispute will be subject
to German law (the United Nations -Convention on the Sale of Goods
- Un-Kaufrecht - shall not apply) and: (a) if You qualify as a
merchant within the meaning of the German Commercial Code (HGB)
or if You have Your permanent residency or Your registered office
in Germany, the Dispute will be resolved exclusively before the
courts in Düsseldorf, Germany; and (b) if You are not a merchant
within the meaning of the German Commercial Code (HGB), You may
elect to have the Dispute resolved either before the courts in
Düsseldorf, Germany or the courts of the country in which
you have permanent residency.
If any provision of these Terms and Conditions is found to be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed to be severed from the rest of these Terms and
Conditions and shall not affect the validity and enforceability
of any remaining provisions.
No consent or waiver by either party to or of any breach by the
other party of these Terms and Conditions will be deemed or construed
to be a consent to or waiver of a continuing breach or any other
breach of these Terms and Conditions by that party. No consent
or waiver will be effective unless in writing and signed by both
parties.
You expressly request and require that these Terms and Conditions
be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions
are reserved to AbeBooks EU.
These Terms and Conditions are subject to change without notice.
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