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General Overview
Public Domain Books Online, its subsidiaries and affiliates (collectively "Labyrinth
Internet Business Solutions") provide you with access
to this Web site and the products and services available on this Web site. Access to and use of the Services
is governed by these Terms of Use. By accessing or using the Services, you indicate your assent
to be bound by the Agreement, and your acknowledgment of and agreement to its terms.
Provided Services
The services include but are not limited to Public Domain Books Online (located at
publicdomainbooksonline.com). The Services may also be located on third party web sites and/or
applications either as a link from an add-on service to, or otherwise in connection with, Web
sites and/or applications that such third parties control. Our services enable you to
read classic literary works from the public domain. We may provide you with
links to advertisers on Public Domain Books Online (as well as search listings provided to
Public Domain Books Online by a third
party) that help you find what you are looking for.
Further Details and Considerations
The services act as a system or venue through display advertising to introduce you to information about buyers and sellers of goods and
services and providers of information. Public Domain Books Online uses reasonable efforts to ensure the availability
of the information and content, including links, that it makes available through the
services.
However, the services may be composed of content not offered by Public Domain
Books Online.
Public Domain Books Online does not control
(i) the quality, safety or legality of items available through or on its advertisers' Web sites or
sites of third parties not in privity of contract with Public Domain Books
Online, (ii) the truth or accuracy or
legality of the content from those advertisers or those third parties (even if such content
appears on the services), or (iii) the availability or technical capabilities of their Web sites
or links to those Web sites. Public Domain Books Online is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing
contained in any of the services is an offer or promise to sell a specific product for a
specific price or that any advertiser will sell any product or service for any purpose or price
or on any specific terms.
Public Domain Books Online does not guarantee the price, terms, product, availability and/or services offered by any
advertiser. For all of the services, Public Domain Books Online is not involved in any transactions between you and
any of its advertisers, and is not responsible for, and does not guarantee the price or
performance of any goods, services or information provided by advertisers. If you have a dispute
with one or more advertisers, you agree to release and hereby release Public
Domain Books Online (and Public Domain Books Online's
officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content
providers and service providers) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Restricted to Personal Private Use
Under this Agreement, Public Domain Books Online gives you limited permission to access and use the
services only
for your personal use, and to copy, distribute and transmit the content of the
services only to
the extent that such copying, distribution, and transmission is automatically done through your
browser software incidentally to using the services for your personal use. You may also print a
copy of the information displayed on the services for your personal use. That means, that except
as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer or sell any information, products, or service
obtained by your use of the services from the web pages within this web site. This restriction means, among other things, that you may
not mirror on your own Web site any portion of the services or display through your own Web site
any results pages or other information from the services without Public Domain
Books Online's express permission.
Your right to access the services is subject to any limits established by
Public Domain Books Online.
You agree that you will not use any automated means, including, without limitation, agents,
robots, scripts, or spiders, to access, monitor or copy the services except those automated
means expressly made available by Public Domain Books Online, if any, or authorized in advance and in writing by
Public Domain Books Online. The Public Domain Books Online Web Site contains robot exclusion headers and you agree that you will not use
any device, software or routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of the services. Without limitation to the
foregoing, you further agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure (as determined by Public
Domain Books Online).
The technology underlying, and content within, the services is owned by Public
Domain Books Online and/or its
licensors (including Public Domain Books Online's advertisers and other content providers) and is protected by
copyright and other intellectual property or proprietary rights. If you use the Services other
than as provided above, you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to penalties. As between you and
Public Domain Books Online, Public Domain Books Online owns and retains all ownership of the technology underlying and content within
the services, and reserves all rights not explicitly granted to you in this Agreement.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. PUBLIC DOMAIN
BOOKS ONLINE DISCLAIMS ANY
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED LIABILITY
NEITHER PUBLIC DOMAIN BOOKS ONLINE, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. PUBLIC DOMAIN BOOKS ONLINE WILL NOT BE LIABLE FOR ANY
MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE
SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
PUBLIC DOMAIN BOOKS ONLINE, ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Copyright and Trademark Claims
Public Domain Books Online is a provider of public domain books via internet information computer services for purposes of 47 U.S.C. section 230.
As such, its liability for others' conduct and information is limited as described therein.
Further, Public Domain Books Online is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant
to the Digital Millennium Copyright Act, Public Domain Books Online has designated an agent to receive notifications
of alleged copyright infringement on the Services:
Business and Legal Affairs
Public Domain Books Online
7765 Tigertail Rd. Suite 1
St Pauls, NC 28384
In notifying Public Domain Books Online of alleged copyright infringement, you must include the following
information:
1. - A description of the copyrighted work that is the subject of claimed infringement.
2. - A description of the infringing material and information sufficient to permit
Public Domain Books Online to locate the alleged material.
3. - Contact information for you, including your address, telephone number and/or e-mail address.
4. - A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law.
5. - A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have
the authority to enforce the copyrights that are claimed to be infringed.
6. - A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
Failure to include all of the above-listed information may result in the delay of the processing
of your complaint. For more information on the Digital Millennium Copyright Act please visit the
United States Copyright Office at: http://lcweb.loc.gov/copyright/onlinesp/.
Public Domain Books Online does not arbitrate or resolve trademark disputes among
Public Domain Books Online's advertisers or between
those advertisers and third parties. However, Public Domain Books Online will promptly comply with an order of a
court of competent jurisdiction concerning a trademark issue. Public Domain
Books Online reserves the right to address such
requests on a case-by-case basis.
Objectionable Material and Filtering Results
Public Domain Books Online encourages you to use discretion when
browsing the Internet or using the services. The services may contain
information that you find objectionable, harmful, deceptive or otherwise
inappropriate. To ensure you do not receive offensive material,
nevertheless, you must install your own filtering software if you wish to
limit the content available through the services.
Access to the Services
Public Domain Books Online reserves the right to change any information, features and functions of the
services
without prior notice. Public Domain Books Online may deny you access to all or part of the
services without prior
notice if you engage in any conduct or activities that Public Domain Books
Online determines, in its sole
discretion, violate this Agreement, the rights of Public Domain Books Online or any third party, or is otherwise
inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of North Carolina and the United
States without regard to its conflict of law provisions. Public Domain Books
Online's failure to exercise or
enforce any right or provision of the Agreement will not be deemed to be a waiver of such right
or provision. If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the
services must
be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the services will be
settled by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim must be arbitrated on an
individual basis, and must not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration must be conducted in Fayetteville, North Carolina, and
judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either you or Public Domain Books Online may seek any interim or preliminary relief from a court of competent
jurisdiction in Fayetteville, North Carolina, as necessary to protect the rights or property of
you or Public Domain Books Online.
Public Contact Notice
You may direct any questions concerning this Agreement to:
Public Domain Books Online
7765 Tigertail Rd. Suite 1
St Pauls, NC 28384
Amendment
Public Domain Books Online may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and
Public Domain Books Online.
Last Revised: 07-01-07
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