SafariU Terms Of Service
Updated: 8 July 2005
Contents of Terms of Service
1. Acceptance
2. Use of Account
3. Website Content and Submissions
4. Advertisements, Promotions, and Links
5. Intellectual Property Rights and Content Use
6. Indemnity
7. Notices; Modification and Termination of Services; Amendment of Terms
8. Disclaimer of Warranties
9. Limitation of Liability
10. Privacy Policy
11. General Provisions
1. ACCEPTANCE
1.1 O'REILLY MEDIA, INC. AND ITS AFFILIATES AND RELATED COMPANIES ("O'REILLY,"
"WE," OR "US") PROVIDE THIS WEBSITE TO YOU, SUBJECT TO THESE TERMS OF SERVICE ("TOS").
THIS TOS IS ENTERED INTO BY AND BETWEEN US AND YOU, AND YOU ACCEPT IT BY: (a)
PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; OR
(c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS BY CLICKING THE "I AGREE" BUTTON ON
THIS PAGE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") means the website available at http://www.safariu.com/,
and any related, successor, or replacements sites, and the SafariU services accessible
through these sites. If you are using the Website on behalf of your employer, you
represent and warrant that you are authorized to accept this TOS on your employer's
behalf, and that your employer agrees to indemnify us for violations of this TOS.
2. USE OF ACCOUNT
2.1 You agree to: (a) provide accurate, current, and complete information on the
registration form on the Website (the "Registration Data"); (b) maintain the security
of your password and identification; and (c) promptly update the Registration Data,
in order to keep it accurate, current and complete. The information you provide is
subject to O'Reilly's privacy policy.
If you provide any information that is false, inaccurate or incomplete, or if we have
reasonable grounds to believe that to be the case, we may suspend or terminate your
access to the Website.
2.2 You are solely responsible for all use of the Website under your password and/or
through your account. If you lose your password, or suspect unauthorized use of your
account, you must inform us immediately. We shall not be liable for any loss or damage
resulting from your failure to safeguard your password and account.
2.3 You agree that you will not use the Website to: (a) transmit spam, bulk, or unsolicited
communications; (b) forge headers or otherwise manipulate identifiers (including URLs) in
order to disguise the origin of any content transmitted through the Website; (c) misrepresent
your identity, or affiliation, with any person or entity; (d) disrupt the normal flow of dialogue
or otherwise act in a manner that negatively affects other users' ability to use the Website;
(e) engage in activities that would violate any fiduciary relationship, any applicable local,
state, national or international law or any regulations, including but not limited to attempting
to compromise the security of any networked account or site; or (f) collect or store personal
data about other users unless specifically authorized by such users.
3. WEBSITE CONTENT AND SUBMISSIONS
3.1 All submissions shall be deemed to be provided on a non-confidential basis. You may
designate content that you submit as "Public" if you wish it to be available to other users
of the SafariU service. If you designate content you submit as "Public," O'Reilly and
authorized users of this site shall be free to use or disseminate such "Public" content on
an unrestricted basis for any purpose, and you grant O'Reilly and its licensees an irrevocable,
worldwide, royalty-free, fully transferable nonexclusive license to use, reproduce, modify,
distribute, transmit, display, perform, adapt, sell, and publish such content in any format
or medium (whether now known or later developed). This license does not apply to any content
supplied by you that you do not specifically designate to be "Public" and does not apply to
content owned by O'Reilly or contained in O'Reilly publications regardless of format. Content
you designate as "Private" will be available only for use by you and students and other end
users of the SafariU compilations that you order. As between you and O'Reilly, you assume
all risk and consequences resulting from any third party's use of your submissions, in
whole or in part.
3.2 We do not routinely monitor content, but we reserve the right, either directly or
through our designees, to monitor, restrict access to, edit or remove any content that is
available via the Website at any time.
3.3 You are solely responsible for all submissions that you upload, post, or otherwise
transmit via the Website. You acknowledge and agree that all content uploaded by you is
subject to the following "Uploading Terms and Conditions," as we may amend them from
time-to-time by revising them as they appear on the Website, and web pages applicable
to any service available via the Website:
a. You are solely and entirely responsible for all content that you upload, and its
subsequent use. You warrant that all content uploaded by you: (i) does not include
unauthorized disclosure(s) of personal information, trade secrets, or confidential
information; (ii) does not violate anyone's rights, including without limitation
intellectual property rights; (iii) does not contain software viruses or any other elements
designed to interrupt, destroy or limit the functionality of any software, systems,
or devices; (iv) does not contain or link to commercial solicitations;(v) is not subject
to laws or regulations regarding the export and other dissemination of information
or technology; and (vi) is not inaccurate, defamatory, obscene, harassing, or
otherwise objectionable in a manner which would support third party legal claims.
b. You also warrant that you have full power and authority to upload all content that
you submit, and to authorize O'Reilly to make use of it, and allow others to make use of it,
in accordance with these SafariU Terms of Service ("TOS"). As between you and us, you assume
all risk and consequences resulting from any third party's use of any of your submissions.
If your submission is jointly authored, you warrant that you are fully authorized to agree
to the TOS and these Uploading Terms and Conditions on behalf of all of the authors, and
that each of them will abide by the TOS and these Uploading Terms and Conditions.
c. If you designate your submission as "Public," you agree and acknowledge that: i)
you are making the submission "Public" in consideration of the opportunity to participate
in SafariU, and ii) you will not receive any payment or other separate consideration for
any use or reuse of any "Public" submission by us, or any of our licensees (including
without limitation other SafariU participants).
d. You acknowledge that you, not O'Reilly, are liable for all claims arising out of your
submissions, or their use, including but not limited to alleged violations of: (i) anyone's
legal or intellectual property rights; or (ii) any statute, regulation, or law of any
country. You agree to indemnify and hold us and our officers, directors, affiliates,
subsidiaries, partners, agents, licensors, licensees, suppliers, employees and
representatives, harmless from any costs, losses, and/or damages, including reasonable
attorneys' fees, related to any claim or demand (a) made by any third party due to or
arising out of any content uploaded by you; and/or (b) your violation of these
Uploading Terms and Conditions, or the TOS.
e. By uploading content to the Website, continuing to use the Website, and/or by
clicking the "I Agree" button on this page, you agree to comply with these Uploading
Terms and Conditions.
4. ADVERTISEMENTS, PROMOTIONS, AND LINKS
4.1 We may display advertisements and promotions from third parties on the Website.
Your dealings with, or participation in promotions of, advertisers found on or through
the Website, are solely between you and the advertiser. We are not responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings
or participation.
4.2 You acknowledge and agree that the Website may provide (as a convenience) links or
other references to external resources, and that we are not responsible for the availability
of such resources. We do not endorse and are not responsible or liable for any content,
advertising, products, or other materials on or available from such resources.
5. INTELLECTUAL PROPERTY RIGHTS AND CONTENT USE
5.1 Except as expressly authorized by us and by the relevant content providers, you
agree not to reproduce, modify, sell, distribute, mirror, frame, download, transmit,
incorporate in derivative works, or otherwise use or distribute, by any means, content
available on or through the Website.
5.2 "Trademarks" means all names, marks, logos, designs, slogans and other designations we
use in connection with our activities, publications, products and services. You agree not
to incorporate any Trademarks into your trademarks, service marks, company names, Internet
addresses, domain names, or any other similar designations. You may not remove or alter
any Trademarks, or co-brand your own services or material with any of the Trademarks.
5.3 We are committed to respecting others' intellectual property rights, and we ask our
users to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement on our Website, please contact our copyright agent as described in
our copyright agent page.
5.4 Permission is granted to display, copy, distribute and download content owned by O'Reilly
on this Website provided that: (a) the copyright notice pertaining to the content is not
removed or altered; (b) the use of such content is solely for personal and non-commercial
use; (c) such content will not be copied or posted on any networked computer or published in
any medium, except as may be expressly permitted by prior written permission from O'Reilly,
and (d) such use is consistent with the Safari Books Online Terms of Service. For further
information on the use of O'Reilly publications, contact permissionsATSIGNoreilly.com. In
no event, however, shall any part of any O'Reilly publication be downloaded or reproduced
in any form or format for distribution or sale for commercial purposes. The permission
granted in this paragraph is not transferable, and terminates automatically without
notice if you breach any of the terms of this TOS, including without limitation the
conditions in this paragraph. Upon termination, you must immediately destroy any downloaded
and/or printed content. Except as otherwise expressly provided in this TOS, O'Reilly
reserves all rights in and to the Website.
5.5 You agree to assume all risk in downloading any content, and all risk from your
use of it. You must take precautions (e.g., virus scans, etc.) to ensure that any
content you download is free of viruses, worms or other potentially destructive elements.
O'Reilly provides no assurances that the content is or will be free of viruses, problems,
or errors, nor assurances that any such issues will be resolved.
6. INDEMNITY
You agree to indemnify and hold O'Reilly and its officers, directors, affiliates,
subsidiaries, partners, agents, licensors, licensees, suppliers, employees and
representatives harmless from any claim, demand, costs, losses, and/or damages, including
reasonable attorneys' fees, related to any claim or demand made by any third party due to
or arising out of your content submitted by you to the Website, or arising out of your
use of the Website, or your violation of this TOS and/or the Uploading Terms and Conditions.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
We reserve the right at any time to modify, suspend or terminate the Website (or any
part thereof), and/or your use or access, with or without notice. However, provided
that your use or access is not terminated on the basis of a material violation by
you of this TOS, we will use our best good faith efforts to make sure that access for
your students to any current online syllabus material continues until the end of the
current course to which that material pertains. We may delete, or bar access to or
use of, all related information and files. We will not be liable to you or any
third-party for any modification, suspension, or termination of the Website, or loss
of related information. We may amend this TOS at any time by posting the amended
terms on this Website, and your continued use of the Website will constitute consent
to the modified TOS. We may also provide you with notice of changes we make to this
TOS via email, regular mail, or posting special notices, or links to notices, on the
Website.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED
IN THIS TOS. THE WEBSITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT IS PROVIDED
ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. WE DISCLAIM ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS
TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
8.2 WE MAKE NO WARRANTY, GUARANTEE, OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY
CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE WEBSITE WILL MEET YOUR
EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM US, WHETHER
OBTAINED THROUGH THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVIDED IN THIS TOS.
8.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE WEBSITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
9. LIMITATION OF LIABILITY
9.1 TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM AND SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE,
PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION
WITH THE WEBSITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY
COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY MAY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING
WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE
WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY
WEBSITE ERROR, MALFUNCTION, OR UNABAILABILITY; (c) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, FALSE
OR FRAUDULENT TRANSACTIONS, OR UNAUTHORIZED ACCESS TO OR USE OF REGISTRATION
DATA; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
9.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
10. PRIVACY POLICY
You consent to the collection, processing and storage by us of your personal
information in accordance with the terms of O'Reilly's Privacy Policy.
You agree to comply with all applicable laws and regulations, and the terms of
O'Reilly's Privacy Policy, with respect to any access, use and/or submission by
you of any personal information in connection with this Website.
11. GENERAL PROVISIONS
11.1 This TOS constitutes the entire agreement between you and us relating to its
subject matter, and cancels and supersedes any prior versions of this TOS.
No modification to this TOS will be binding, unless in writing and signed, or
posted by our authorized representative. You also may be subject to additional
terms and conditions that may apply when you use our products or services.
11.2 This TOS will be interpreted and enforced in accordance with California law
applicable to contracts made and performed in California by California residents.
Any action to enforce this agreement must be brought in the U.S. District Court
in San Francisco, California, or in the Superior Court for the County of San
Francisco, California, and you agree to the jurisdiction and venue of these
courts. Rights and obligations under this TOS which, by their nature should survive,
will remain in full effect after termination or expiration of this TOS, including
without limitation Sections 3, 6, 7, 8, 9, and 11.
11.3 Any express waiver or failure to exercise promptly any right under this TOS
will not create a continuing waiver. If any provision of this TOS is held
invalid by any court or arbitrator, you agree that such provision will be
replaced with a new provision that accomplishes the original purpose, and the
other provisions of this TOS will remain in full force and effect. Except as
expressly provided, nothing in this TOS shall be construed to give any third
party any legal or equitable right, remedy or claim under this TOS.
