Terms of Use and Privacy Policy

Terms of Use

Restrictions on Use

This Web site is owned and operated by BenBella Books, Inc. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. BenBella Books retains the right, at its discretion, to change any of these terms in the future.

Ownership of Copyright

This site contains material that is owned or licensed by BenBella Books. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use, or for publicity purposes.

License to BenBella Books

By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with BenBella Books through its Web site (a "Communication"), you are granting BenBella Books a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.

Additional Rules

This Web site contains various message boards, contests and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any bulletin boards or forums on this site become immediately public and will be accessible to anyone on the Internet.

Exclusion of Liability

YOUR USE OF THIS WEB SITE IS "AS IS", AND BENBELLA BOOKS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENBELLA BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENBELLA BOOKS FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BENBELLA BOOKS OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE BENBELLA BOOKS WEB SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH BENBELLA BOOKS WEB SITES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BENBELLA BOOKS RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Web Sites

Benbella Books has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither BenBella Books or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to the BenBella Books sites and you should always review the terms and conditions of any site that you access through a link from this site.

Indemnity

You agree to defend, indemnify and hold BenBella Books and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. BenBella Books shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination

This agreement may be terminated by BenBella Books at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on BenBella Books' liability and on your use of BenBella Books material shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and the BenBella Books Privacy Policy, constitute the entire agreement and understanding between you and BenBella Books as to your use of the Benbella Books Web sites, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of Benbella Books Web sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

This agreement shall be governed by the laws of the State of Texas without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of Texas. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.

Contact BenBella Books

If you have any questions, please contact us at admin@teenlibris.com. Please include the words "Terms of Use" in the subject line of your e-mail.

Privacy Policy

This Web site ("Web site") is published and maintained by BenBella Books, Inc. BenBella Books is referred to in this Privacy Policy as "we," "us," "our," or similar pronouns.

This Privacy Policy governs your use of the Web site on which this Privacy Policy is posted. By visiting this Web site, and/or using the services offered on or through this Web site, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time.

This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Web site, such as by phone, through postal mail, at book shows and fairs and through other live and print mediums.

Purpose

Your privacy is a serious matter to us. In order to make your visits to our Web site and use of the services available through our Web site as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us. "Personal Information" includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This privacy statement explains, in general, what Personal Information and other information is collected on our Web site, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how we treat your information.

Right to Opt Out

You have the right to "opt-out" of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web site, you may have the opportunity to elect to, or not to, receive correspondence from us. You may also make this request by visiting your "My Account" page. On this Web page, you will be able to indicate whether you would like to opt-out of BenBella Books' e-newsletters or correspondence. You may also opt-out of BenBella Books' promotional e-mails by clicking on an opt-out link within the e-mail you receive. Please understand that if you opt-out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

In the limited situations, if any, in which we may share your Personal Information with a third party for their marketing purposes, we will either obtain your consent first or give you the ability to elect not to have your Personal Information shared.

What Information is Collected on this Web site?

User-Provided Information

We collect Personal Information from users of our Web site, for example, through such users' activities, transactions and completion of online forms on our Web site. Such information is collected, for example, when users register or subscribe for accounts or features on our Web site, enter sweepstakes and contests, complete surveys, contribute to a chat room, bulletin board, list serve, blog, wiki, or other open forum that we may make available on or through our Web site, submit a comment or question to us using a "contact us" or similar feature on our Web site, send us an e-mail, or in any other way submit Personal Information to us via our Web site.

You may be able to send information about our products and services to your friends and family members through our Web site by clicking on an "E-mail to Friend" or similar button on our Web site or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us. Such information will be treated in accordance with this Privacy Policy and applicable law. We will not use the friend or family member's information for additional purposes after we send the initial notice to the friend or family member, unless, for example, he/she provides us with their information on their own.

Web site Usage Information

Cookies

We may use "cookies" to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive. Cookies track where you travel on our Web site and what you look at and purchase. They may store the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of our Web site to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Web site.

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web site or certain areas or features of the Web site.

Clear GIFs

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Web site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

IP Address and Clickstream Data

Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our Web site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web site; the Web site you visit after this Web site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Web site. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.

Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.

How is the Personal Information used?

We will use the Personal Information you provide to our Web site, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the services and features offered on or through our Web site. We may also use your Personal Information to maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above.

We may analyze user behavior as a measure of interest in, and use of, our Web site and e-mails, both on an individual basis and in the aggregate.

Do we share Personal Information and Web site Usage information with others?

Public Forums

When you contribute to a public area or feature of our Web site, such as a chat room, bulletin board, list serve, blog, wiki, or other open forum that we may make available on or through our Web site, the information that you submit will be made available to the general public. For this reason, we recommend that you do not submit your full name, home address, phone number, or other information that would enable other users to locate you, or submit any information you regard as sensitive, such as financial information, on these areas of our Web site. You can make up a username that does not disclose your personal identity.

Co-sponsored Contests, Sweepstakes and Offerings

Some of our contests, sweepstakes and other offerings may be co-sponsored by another person or entity. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor when we specifically indicate we may do so and you consent. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.

Service Providers

We may use third party partners to help operate our Web site and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Web site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Legally Compelled Disclosures

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Web site, or anyone else that could be harmed by such activities.

Third Party Ad Servers

We may use third-party advertising companies to serve ads when you visit our Web site. If so, a list of these ad serving companies will be available. These companies may use information (generally not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information.

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from HBG (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Your Access Rights

You may update Personal Information that is stored in your user account in support of this Web Site by visiting your "My Account" page or by e-mailing admin@teenlibris.com. If you make this request by e-mail, we will send you a copy of the Personal Information we have on file in your user account (if any). You may send us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

Security

HBG will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web site. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

If you contact us by e-mail or a "contact us" or similar feature on our Web site, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

You may be able to create an account on our Web site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify HBG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify HBG when you desire to cancel your account on this Web site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you do not want us to use e-mail to notify you in such an event, you may e-mail us at admin@teenlibris.com and provide us with an alternative means of contacting you in such an event, such as a physical mailing address.

Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing."

If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Web site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at admin@teenlibris.com.

Consent to Processing

By providing Personal Information to this Web site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

Third Party "Linked-To" Web Sites

When you are on our Web site you may have the opportunity to visit, or link to, other sites not operated by BenBella Books. These sites may collect Personal Information about you. HBG does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites.

Changes to this Privacy Policy

BenBella Books reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web site. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of our Web site to sending you an e-mail.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at admin@teenlibris.com.

Effective Date: March 22, 2008