Barnes & Noble nook User Manual

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Barnes & Noble nook User Manual Manual pdf 213 page image

NOOK User Guide Policies 213OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCHDISCLAIMERS ARE HELD TO BE LEGALLY INVALID.SubmissionsUnless otherwise explicitly stated, any Materials provided by you in connection with this Serviceshall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall haveno obligation of any kind with respect to such Materials and shall be free to use or disseminate suchMaterials on an unrestricted basis for any purpose. You acknowledge that you are responsible forthe Materials that you submit, and you, not AT&T, have full responsibility for the Materials, includingtheir legality, reliability, appropriateness, originality and copyright.Disclaimer of WarrantiesUNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED“AS IS”, AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS,REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BELEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES ASTO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THEMATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALSSHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOESNOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON AT&T’ BEHALF AND YOU MAYNOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OFAT&T.Limitation of AT&T LiabilityAT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THEMATERIALS. MOREOVER, IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING,WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OFUSE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE,WHETHER FOR BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OFTHE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T’ SOLELIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OFMONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.IndemnityYou agree to indemnify and hold harmless AT&T and its subsidiaries, affiliates, officers, agents,co-branders, licensors or other partners and employees from any claim or demand, includingreasonable attorneys’ fees, made by any third party due to or arising out of: (a) content you submit,post, transmit or otherwise make available through the Service; (b) your use of the Service; (c)your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of