Terms of Use

IMPORTANT – PLEASE READ CAREFULLY.  THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  THE SECTION ENTITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER.  PLEASE READ BOTH SECTIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND HEREBY ACKNOWLEDGE YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE AND OUR Privacy Policy. You agree that your assent to these Terms of Use, given electronically, will have the same legal effect as if it had been personally signed by you. To the extent permitted by law, these Terms of Use are  intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference.  If you do not agree to comply with and be bound by these Terms of Use, you must not access the Website, utilize the Services or purchase any Subscription.

These terms of use are entered into by and between you and Kirkus Media LLC ("Company," “Kirkus,” "we," or "us"). The following terms and conditions, together with any documents or policies they expressly incorporate by reference (collectively, "Terms of Use") govern your access to and use of kirkusreviews.com, including any content, functionality, and services offered on or through kirkusreveiws.com (the "Website"), whether as a guest or a registered user and any other Company owned or operated digital service, including without limitation, our print or online magazine subscriptions (the “Subscriptions”), digital games, sweepstakes or promotions (“Promotions”), events, digital membership products, Interactive Services (as defined herein), and Kirkus social media platforms (collectively, the “Services”).

This Website and the Services are offered and available to users who are 13 years of age or older. By using this Website or the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Website and/or the Services thereafter. However, any changes to the dispute resolution provisions set out in Travis County, Texas will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website and/or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or utilize the Services so you are aware of any changes, as they are binding on you.

Accessing the Website and the Services and Account Security

We reserve the right to withdraw or amend this Website, and any services or material we provide on the Website or via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, as applicable, to users, including registered users.

You are responsible for both:

·       Making all arrangements necessary for you to have access to the Website and the Services.

·       Ensuring that all persons who access the Website and the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Website, the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Services that all the information you provide on the Website and via the Services is correct, current, and complete. You agree that all information you provide to register with this Website, the Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website or available via the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, the Services, or portions of the same using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, the Services and the entirety of their respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You acknowledge the Company’s valid intellectual and proprietary property rights in the Website, the Services and the Content and that your use of the Website or the Services is limited to accessing, viewing and downloading of the Website, Services and the Content, as authorized by the Company. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Website, the Services or the Content, or to any portion thereof, except for the limited rights expressly granted herein.

These Terms of Use permit you to use the Website and the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or made available via the Services, except as follows:

·       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·       You may store files that are automatically cached by your Web browser for display enhancement purposes.

·       You may print or download one copy of a reasonable number of pages of the Website or made available via the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

·       If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

·       If we provide social media features (such as Instagram, Twitter, Facebook, etc.) with certain content, you may take such actions as are enabled by such features.

You must not:

·       Modify copies of any materials from this Website or made available via the Services.

·       Directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Website, the Services or the Content unless expressly permitted by the Company in writing.

·       Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·       Incorporate the Website, the Services or the Content into, stream or retransmit the Website, the Services or the Content via, any hardware or software application or make the Website, the Services or the Content available via frames or in-line links, and you may not otherwise surround or obscure the Website, the Services or the Content with any third-party content, materials or branding. 

·       Directly or through the use of any Device or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Website, the Services, or the Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Website, the Services, or the Content.

·       Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website, the Services (including any code used in any software), or the Content.

·       Access or use for any commercial purposes any part of the Website, the Services or the Content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, the Services or the Content in breach of the Terms of Use, your right to use the Website and the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, the Services, or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Access to the Content on the Website and via the Services is possible, in part, due to the paid advertising that appears on the Website and in connection with the Services. In exchange for your access to the Content, and except where contrary to applicable law, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website or via the Services.

Trademarks

The Company name, the terms Kirkus, Kirkus Reviews, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and via the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Services:

·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·       To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

·       To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·       To build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Website, the Services (including any code used in any software), or the Content, whether or not for profit.

·       To disable, modify, interfere with or otherwise circumvent any technology to view the Website, the Services or the Content without: (i) displaying visibly both the Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

·       To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

·       Take any action that may disable, overburden, damage, or impair the Website, the Services or its servers and infrastructures or interfere with any other party's use of the Website or the Services including their ability to engage in real time activities through the Website or the Services.

·       Modify, enhance, remove, interfere with, or otherwise alter in any way any portion of any widget, embedded player or other technology that allows you to embed or stream the Content on or to another online service, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

·       Use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Website, the Services, the Content, or any portion thereof.

·       Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the Services, the server on which the Website or the Services are stored, or any server, computer, or database connected to the Website or the Services.

·       Attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.

·       Otherwise attempt to interfere with the proper working of the Website or the Services.

User Contributions

The Website  and the Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website and the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or via the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

·       All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Services.

Monitoring and Enforcement; Termination

We have the right to:

·       Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

·       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.

·       Terminate or suspend your access to all or part of the Website and/or the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or via the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website or via the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

If you have a dispute with one or more users of the Website or the Services (including merchants), you release the Company (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and use of the Interactive Services must not:

·       Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·       Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, including but not limited to infringement of the intellectual property rights of the Company or its licensors or a breach of any Prohibited Use.

·       Be likely to deceive any person.

·       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·       Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Infringement Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information and the Content presented on or through the Website or via our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials and Content by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of its contents.

This Website and certain of the Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials or Content. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or Content provided by any third parties.

Changes to the Website

We may update the Content on this Website or available via the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material or Content on the Website or made available via the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website or via the Services is subject to our Privacy Policy. By using the Website or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases, Subscription Purchases and Other Terms and Conditions

All purchases through our Website or via the Services or other transactions for the sale of goods and services formed through the Website or via the Services, or resulting from visits made by you, are governed by our Subscription Terms, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website and the Services, including but not limited to certain Promotions which are governed by the Privacy Policy and the terms, conditions, and rules linked in the applicable Promotion (each, the “Promotion Official Rules”). All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage and other social media platform pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website and the Services may provide certain social media features that enable you to:

·       Link from your own or certain third-party websites to certain content on this Website.

·       Send emails or other communications with certain content, or links to certain content, on this Website or via the Services.

·       Cause limited portions of content on this Website or available via the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·       Establish a link from any website that is not owned by you.

·       Cause the Website, the Services, or portions of thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

·       Link to any part of the Website or the Services other than the homepage or the applicable social media page.

·       Otherwise take any action with respect to the materials on this Website or available via the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

The Company may sometimes engage in affiliate or third party marketing, embedding links into certain pages of our Website or via the Services (“Third-Party Advertisements”). Clicking on or purchasing products or services through Third-Party Advertisements may result in the Company earning a commission. Any purchase you make through Third-Party Advertisement is made directly with those third parties, not the Company, and these third parties often have their own terms and conditions and privacy statements, which the Company encourages you to review. The Company is not responsible for evaluating any offer made by these third parties; the Company makes no warranty about these third parties or offerings; and the Company does not assume any liability for any act, omission, product, or service of these third parties.  The Company provides these Third-Party Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Advertisements. When you use Third-Party Advertisements, you do so at your own risk. When you link to Third-Party Advertisements, the applicable third party's terms and policies apply, including the third party's privacy policies.

Geographic Restrictions

The owner of the Website and the Services is based in the State of Texas in the United States. Unless specifically stated otherwise, we provide this Website and the Services for use only by persons located in the United States. We make no claims that the Website, the Services or any of the Content is accessible or appropriate outside of the United States. Access to the Website and the Services may not be legal by certain persons or in certain countries. If you access the Website and/or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or via the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USE OF THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE WEBSITE MAY DISTRIBUTE CONTENT SUPPLIED BY OTHER INFORMATION CONTENT PROVIDERS SUCH AS NON-STAFF CONTRIBUTORS AND COMMENTERS. WE USE THESE PROVIDERS TO ENHANCE YOUR EXPERIENCE ON THE WEBSITE AND VIA THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE STATEMENTS AND OPINIONS EXPRESSED BY THOSE CONTENT PROVIDERS. RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF SUCH CONTENT LIES SOLELY WITH THOSE CONTENT PROVIDERS AND IS NOT GUARANTEED BY THE COMPANY.  NEITHER THE COMPANY NOR ITS AFFILIATES OR EMPLOYEES SHALL BE LIABLE TO ANY USER OR ANYONE ELSE FOR CLAIMS OF DEFAMATION, LIBEL, SLANDER, INFRINGEMENT, INVASION OF PRIVACY AND PUBLICITY RIGHTS, OBSCENITY, PORNOGRAPHY, FRAUD OR MISREPRESENTATION ARISING FROM SUCH CONTENT.

THE WEBSITE OR THE SERVICES MAY INCLUDE CONTENT OFFERRING ADVICE FROM A VARIETY OF PERSONS, WHO MAY BE AFFILIATED WITH THIRD PARTIES OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS A REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY SITES LINKED TO THE WEBSITE OR VIA THE SERVICEs, ANY OF THE CONTENT ON THE WEBSITE OR THE SERVICES OR SITES LINKED THERETO, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH ANY KIRKUS REVIEWS CONTENT OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims (including claims for trade disparagement, defamation, privacy and intellectual property infringement), liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees and court costs) arising out of or relating to any allegation regarding (1) your violation of these Terms of Use or (2) your use of the Website or the Services, including, but not limited to, your User Contributions even if not posted by you (including the use thereof by us), any use of the Content, participation in any Promotion or the purchase and use of any Subscriptions other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 

Governing Law

All matters relating to the Website, the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). 

ARBITRATION AND CLASS ACTION WAIVER

Please read this Arbitration Agreement (as defined below) carefully. It is part of your Terms of Use with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or the Services or any other aspect of your relationship with the Company related to these Terms of Use will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights or confidential information (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) in any court of competent jurisdiction. This Arbitration Agreement shall apply, without limitation, to all claims that arose in these Terms of Use or any prior terms and conditions set forth by the Company related to the Website and the Services. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST THE COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Arbitrator Rules and Forum.  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. For more information about the AAA and the arbitration process, please visit the AAA website at www.adr.org.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except as follows: if your total claims seek less than $1,000, we will reimburse you for filing fees you pay to the AAA.  All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of this arbitration provision are for the court to decide.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of Texas, without regard to any principles of conflict of laws, applies to any arbitration under this section. Unless you and we agree otherwise, any in-person hearings for the arbitration shall take place in Austin, Texas.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. This Arbitration Agreement  shall survive any termination of these Terms of Use, including any termination of your relationship with us.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and the Company.

Waiver of Jury Trial. YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, you and the Company waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company is entitled to arbitration. Instead, all claims and disputes will then be resolved in, and you and the Company agree to the exclusive jurisdiction and venue of, the state or federal courts having jurisdiction over Travis County, Texas.

Limitation on Time to File Claims; Equitable Damages

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  REMEDIES FOR ANY CLAIM BY YOU IN CONNECTION WITH THE WEBSITE, SERVICES OR GOODS, OR THESE TERMS OF USE SHALL BE LIMITED TO MONETARY DAMAGES, AND YOU HEREBY AGREE THAT YOU WILL NOT BE ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF. 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, our Copyright Infringement Policy, Subscription Terms and any applicable Promotion Official Rules constitute the sole and entire agreement between you and Kirkus Reviews LLC regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.

Printed Format

A printed version of these Terms of Use, our Privacy Policy, our Copyright Infringement Policy, Subscription Terms and any applicable Promotion Official Rules and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms of Use, our Privacy Policy, our Copyright Infringement Policy, Subscription Terms and/or any applicable Promotion Official Rules, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Your Comments and Concerns

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