Safari/Rough Cuts Terms of Service

Updated 12/15/08

Please read this agreement ("TOS") carefully. By clicking the check box labeled, "Yes, I have read and agree to the Safari/Rough Cuts Terms of Service," and/or using or accessing any Service, you (as the "User") agree to the terms of this TOS. "Service" means any Safari service, including the Rough Cuts service. If you do not agree, do not use this Service.

This TOS is a legal agreement between you and Safari Books Online LLC ("Safari"). This TOS governs the Service, and content available through it. It also governs support services (if any) available as part of your subscription. If a separate or supplemental TOS appears when you access any element of the Service, its terms will control as to that element. Section 8 contains provisions specifically applicable to Users of the Rough Cuts service.

SCOPE OF USE

Safari grants you the rights described in this TOS during the duration of the relevant subscription (the "Term") on the condition that you comply with this TOS. Access to the Service, and content made available through it, is limited to only those individuals ("Users") who have personal subscriptions to the Service, or who are authorized users of the Service under a subscription of a company or other entity. ("Sponsor"). The Sponsor may require that you comply with additional terms and conditions.

Corporate Accounts
Under the Safari Terms of Use, users are not allowed to share user names, passwords or accounts. In order to access Safari's services, you must have your own user name and password assigned by your account administrator. If you do not have a user name or password, please contact your corporate account administrator in order to obtain one.

Consumer Accounts
Your Safari Books Online subscription is for your personal use only. Sharing user names, passwords, and/or accounts is not allowed, and may result in suspension or termination of your account. Thank you for your compliance.

CONTENT USE AND LIMITATIONS

1. Each User is permitted during the Term to use the electronic tools provided by the Service to:
   • electronically search across and view the full content of the works and/or the library specified in the User's subscription;
   • print, download and store Sections (defined below) of a work on the individual User's hard drive or other storage device for such individual User's personal use only; and
   • quote portions of works accessible via the Service in other works that the User creates, up to an aggregate of 250 words from any single text or a comparable strictly limited portion of material in other media, provided that the copyright owner is given proper attribution in any publication or other media in which the quote appears, based on the proprietary notices appearing with the content in the Service.
2. "Section" means the limited portion of a work that is displayed to the User at one time by the Service. Users can scroll freely throughout a single Section. To access another Section, a User is required to click through.
3. Each individual User who is a teacher or professor, or is retained or employed by a Sponsor as a course instructor, is also permitted during the Term to:
   • post, for the benefit of his or her enrolled students, up to 2 Sections of works included in the relevant subscription to the Service on the Sponsor's institutional or other instruction-related intranet, provided that (i) the site is monitored for unauthorized use by the institution (or the Sponsor, in the case of a Sponsor subscription), (ii) use of the posted Sections is limited to students enrolled in the User's course, and (iii) the posted material is removed when the course is completed (or upon termination of the applicable subscription, if that occurs first); and
   • reproduce in hard copy format no more than 2 Sections of any work included in the Service, for use by enrolled students in courses conducted by the User.
4. If the User teacher, professor, or instructor desires to provide access for a course to more than 2 Sections of any work contained in the Service, each student is required to subscribe individually to the Service to access that content.
5. You acknowledge and agree that:
   • Any use of "Web spiders," or any other automated retrieval mechanisms (other than use in accordance with this TOS of search and retrieval features of the Service), is strictly prohibited, and such prohibited uses include, without limitation, use to download or print content;
   • You will not, and will not permit others (including other Users), to: (i) modify, remove, augment, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content accessed via the Service, in whole or in part, except as expressly provided in this TOS, or except in ways which qualify as "fair use" under U.S. copyright law (Section 107 of Title 17 of the United States Code) ("U.S. Fair Use"); (ii) post any content accessed via the Service to Usenet, or any third party website, or providing such content to others by any other means, such as an intranet system, blogs or RSS feeds, except as specifically authorized by this TOS, or as permitted under U.S. Fair Use; (iii) assign, license, or otherwise transferring to any third party, all or any part of rights granted to you under this TOS, or any content accessible through the Service; and (iv) provide any commercial hosting service with access to the Service, and/or content accessed through the Service.
6. You will notify Safari immediately of any actual or suspected (a) unauthorized use(s) of the Service, or any content accessed through the Service, or (b) breach of security, including loss, theft, or unauthorized disclosure of any password or credit card information, or confidential information related to the Service.

CONTENT ACCESSED VIA THE SERVICE

1. The content accessed through the Service may include inaccuracies or errors. Changes are periodically made to the content. Safari may make improvements and/or changes in, and/or withdraw, any of the components of the Service at any time without notice, and with or without refunds. In the case of removal of any work from the Service by Safari, all content from that work stored on any hard drive or storage device must be destroyed or deleted by each User, and the Sponsor (if any).
2. Except as expressly permitted by this TOS, content accessed via the Service may not be stored, reproduced, or transmitted in any form and/or by any means without the express prior written permission of the copyright owner. Safari and its content providers reserve all rights not expressly granted in this TOS. Safari or its content providers own the title, copyright, and other intellectual property rights in the Service, and content accessed through it. You may not remove or obscure any copyright or other proprietary notices that appear on the Service, content accessed through it. The Service and the content accessed through it are provided on a limited basis under this TOS, and is not being sold or otherwise transferred to you.
3. You agree that Safari and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Service. Safari may use this information to improve our products or to provide customized services or technologies to you. Information about Safari's privacy policy is available at: http://itil.safaribooksonline.com/privacypolicy
4. The Service may include links to third party sites. The third party sites are not under Safari's control, and Safari is not responsible for their contents, or any links contained in them. Safari is providing these links as a convenience, and the inclusion of any link does not imply endorsement by Safari.
5. Some content in the Service may be subject to U.S. regulations prohibiting export in certain situations, and you agree to comply with all applicable international and national technology export laws, including the U.S. Export Administration Regulations.
6. Safari may terminate or suspend any User's or Sponsor's access to the Service in the event of any actual or alleged fraud or violation of this TOS, of the Sponsor's agreement with Safari, of the intellectual property rights of any owner of any content accessible through the Service, or of any additional terms and conditions which the Sponsor has placed on use of the Service.
7. Upon termination or expiration of the relevant subscription, the User(s) and the Sponsor (if any), must immediately cease using the Service, and all copies of content accessed via the Service stored on any hard drive or other storage device or in hard copy must be deleted or destroyed.

DISCLAIMER OF WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES AND REMEDIES AS PERMITTED BY APPLICABLE LAW

1. SAFARI AND ITS SUPPLIERS PROVIDE THE SERVICE AND CONTENT ACCESSED AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS, LACK OF VIRUSES, AND/OR LACK OF NEGLIGENCE. USE OF THE SERVICE AND CONTENT, AND ANY SUPPORT SERVICES IS AT YOUR OWN RISK.
2. SAFARI OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT, EVEN IF SAFARI OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
3. THE ENTIRE LIABILITY OF SAFARI AND ANY OF ITS SUPPLIERS UNDER THIS TOS, AND YOUR EXCLUSIVE REMEDY HEREUNDER, IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE.
4. Under no circumstances shall Safari or its suppliers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or other causes beyond its reasonable control, including, without limitation, Internet failures, telecommunication equipment failures, fires, floods, etc.

GENERAL PROVISIONS

1. This TOS is governed by the laws of the State of California applicable to agreements made and performed there by California residents.
2. Except for any claim based on violation of the intellectual property, trade secret, or related rights of Safari and/or any of its content suppliers, any dispute or controversy arising under or in connection with this TOS shall be submitted to mediation under the auspices of JAMS in San Francisco, CA ("JAMS"). Any dispute or controversy not resolved within thirty (30) days after submission shall be settled by arbitration in San Francisco, CA under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires a dispute between them to be settled by arbitration. In the event the parties cannot agree on such arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator's name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party and the parties will share equally the expenses of the jointly selected arbitrator. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court of competent jurisdiction. Punitive damages shall not be awarded.
3. This TOS (including any supplemental TOS which is included with the Service) is the final, complete, and exclusive agreement between you and Safari relating to the Service, content accessed via the Service, and the support services (if any) and it supersedes all other oral or written communications, proposals and representations with respect to any subject matter covered by this TOS. If any provision of this TOS is held to be invalid or unenforceable, the other provisions shall continue in full force and effect.
4. Safari may provide you with notices, including notices about changes to this TOS, by means that include but are not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or developed in the future. Any such notice shall be effective as of the date that it is posted, sent, or otherwise made accessible by Safari to the User(s). You warrant and represent that the contact and other account information that you provide to Safari is accurate and acknowledges that it is your responsibility to update such information in order to maintain its accuracy.
5. Safari may amend this TOS by updating the TOS posted on Safari's website and/or by other means of notice to you. By continuing to access the Service after the posting of the updated TOS, you agree to be bound by the updated TOS. If the terms of any Safari policies or programs for support services conflict with the terms of this TOS, the terms of this TOS shall control.

BILLING, RENEWAL AND CANCELLATION PROVISIONS FOR INDIVIDUAL SUBSCRIBERS ONLY

1. Individual Users are billed on periodic cycles (monthly or annually). Users are responsible for payment on the period billing date. Cancellation after the billing date will not result in a refund or credit, except as provided below in the case of automatic renewal of annual subscriptions. Safari does not offer refunds or credits for unused time, download tokens, or slots.
2. Monthly subscribers pre-pay on a monthly basis until the subscription is cancelled.
3. Annual subscribers pre-pay on an annual basis. No refund or credit is available if an annual subscriber downgrades the subscription prior to the end date of the subscription period, except during the first 14 days of a renewal subscription, as specified in this section. On the anniversary (end date) of an annual subscription, the subscription will automatically renew for one year and an e-mail billing confirmation will be sent to the subscriber, who will have 14 days from the date of the billing confirmation to cancel or change the subscription, and obtain a corresponding refund or credit, in accordance with Safari's policies. No refunds or credits are granted for any changes or cancellations requested after that 14 day period. Any refund will be in the form of a credit to the credit card account to which the subscription was originally charged.

PROVISIONS APPLICABLE TO USERS WHO ACCESS THE SERVICE UNDER SPONSOR SUBSCRIPTIONS

Access to the Service, and content made available through it, is limited to the employees, contractors, agents, or such other persons, within a Sponsor's organization who are specifically authorized to use the Service under the agreement between Sponsor and Safari. Each User's access to the Service is strictly limited to the period of time that the User is qualified to be a User by virtue of his or her relationship with Sponsor. If a User becomes disqualified to use the Service, the User must immediately cease using the Service, and all copies of content accessed via the Service stored by that User on any hard drive or other storage device or in hard copy must be deleted or destroyed.

PROVISIONS APPLICABLE TO ROUGH CUT SUBSCRIBERS

As a User of the Rough Cuts service, you agree and acknowledge that: (a) content on the Rough Cuts service is made available on a pre-publication basis and its use is limited by this TOS, (b) in consideration of access to the Rough Cuts service, you grant to Safari, to the provider(s) of the Rough Cuts content included in the subscription, and their respective licensees and assigns, the perpetual, irrevocable, nonexclusive, and worldwide right to make use (for example: reproduce, edit, display, publish, or display, publish, or distribute in any format or media) of any feedback, comments, suggestions or other content posted or otherwise submitted by you to the Rough Cuts service, without any obligation to you for such use; and (c) you represent and warrant that you have the legal right to make any such submissions, and their use as contemplated under this Section 8 will not violate anyone else's rights. Safari and its content providers are providing access to the Rough Cuts service to you in reliance on this warranty and representation.