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College Marketplace Use Conditions & Guidelines
Welcome to the ValoreBooks.com website operated by College Marketplace Inc. The following describes the terms on which College Marketplace, Inc. offers you access to our sites and services. By using our sites, you agree to the following conditions, terms and guidelines.
Please read them carefully.
The Use Conditions & Guidelines are effective upon acceptance for any new users and for current users, this Agreement is effective upon the next use. When you use any current or future College Marketplace Inc. service or visit or purchase from any business affiliated with College Marketplace Inc., whether or not included in the College Marketplace Inc. Sites, you also will be subject to these Conditions & Guidelines.
When you visit College Marketplace Inc. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
College Marketplace Inc. claims a copyright, and all copyright protection afforded, under international, United States and Delaware State laws to all content included on our Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software (ours or our software suppliers). The compilation of all content on our Sites is our exclusive property, and it is similarly protected. College Marketplace Inc. also claims a copyright, and all copyright protection afforded, under international, United States and Delaware State laws to all material described in the trademarks noted below.
VALORE, VALORE EXCHANGE, VALORE EXCHANGE, LLC, VALOREBOOKS, VALOREBOOKS.COM and VALORE.COM and other graphics, logos, page headers, button icons, scripts and service names that College Marketplace Inc. uses, manages or controls are trademarks, registered trademarks or trade dress of College Marketplace Inc. or one or more of its affiliates in the United States or other countries or both. No one may use these trademarks and trade dress in connection with any product or service that is not College Marketplace Inc.'s without its express written permission. All other trademarks that appear on our Sites are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by College Marketplace Inc. or any of its affiliates.
College Marketplace Inc. also claims copyright rights in our own original works of authorship that appear on our Sites and to all the materials described above in the "Copyright" section. This includes, but is not limited to, our own text, pictures and designs.
According to the Uniform Trade Secrets Act, "trade secret" means information, technical and non-technical, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
College Marketplace Inc. claims all legal rights to all of its trade secrets, as defined above, and to all trade secrets that belong to any of its affiliates or suppliers or that College Marketplace Inc. or any of its affiliates or suppliers has the right to use, but only to the extent that College Marketplace Inc. uses, controls or manages them.
LICENSE AND SITES ACCESS
College Marketplace Inc. grants you a limited license to access and make personal or authorized commercial use of our Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of College Marketplace Inc.. This license does not include any resale or commercial use of our Sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
No one may reproduce, duplicate, copy, sell, resell, visit or otherwise exploit any portion of our Sites for any commercial purpose without express written consent of College Marketplace Inc.. No one may frame or utilize framing techniques to enclose College Marketplace Inc.'s name or any of College Marketplace Inc.'s trademarks, logos, copyrighted materials, trade secrets or other proprietary information (including images, text, page layout or form) or of any of our affiliates and suppliers without our express written permission. No one may use any Meta tags or any other "hidden text" or metadata that incorporate or utilize College Marketplace Inc.'s name, trademarks, logos, copyrighted materials, trade secrets or other proprietary information without our express written permission. If you should use any of these without our permission at any time, this will automatically terminates your license and any other expression of our permission to use this site and, to the extent we might have granted you the right to use College Marketplace Inc.'s name, trademarks, logos, copyrighted materials, trade secrets or other proprietary information, the right as well to use them.
We grant to you a limited, revocable and nonexclusive right to create a hyperlink to the home page of College Marketplace Inc. so long as the link does not portray College Marketplace Inc., its affiliates or its suppliers, or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any College Marketplace Inc. logo or other proprietary graphic or trademark or any intellectual property in which College Marketplace Inc. has rights as part of the link without express written permission.
CONFIDENTIALITY, CHILDREN AND SERVICE
If you use our Sites, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. College Marketplace Inc. does not permit anyone who uses our Sites to buy products from or sell products to children, but it sells them to adults, who can purchase by using a credit or debit card any other payment system that College Marketplace Inc. accepts. If you are under 18, you may use College Marketplace Inc. only with involvement of a parent or guardian. College Marketplace Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Anyone who buys products that sellers sell via our Sites may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. College Marketplace Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant College Marketplace Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant College Marketplace Inc. and its sublicensees the right to use the name that you submit in connection with such content, if they choose.
We encourage you to be sensitive to cultural differences and sensitivities in making any comments.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify College Marketplace Inc. for all claims resulting from content you supply. College Marketplace Inc. has the right but not the obligation to monitor and edit or remove any activity or content. College Marketplace Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
COMPLAINTS ABOUT INTELLECTUAL PROPERTY
College Marketplace Inc. respects the intellectual property of others. If you believe that your work has been copied or utilized in a way that constitutes infringement of the intellectual property rights, please follow our Notice Procedure for Making Claims of Infringement, which we describe below.
RISK OF LOSS
Contracts between any buyer and any seller for any item via the College Marketplace Inc. platform are made pursuant to a shipment contract. This usually means that the risk of loss and title for such items pass to you when the seller delivers such items to the carrier that will ship them to the buyer, not when you actually receive them.
College Marketplace Inc. does not describe the products that sellers who use its Sites sell via its platform. The sellers describe these products. Therefore, College Marketplace Inc. does not warrant that any product descriptions or other content of our Sites are accurate, complete, reliable, current or error-free.
SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
College Marketplace Inc. expressly prohibits the upload, download or transmission of any content that involves the sexual or other exploitation of children, whether or not illegal.
Except where noted otherwise, prices displayed for products on our Sites represent the seller's price, not ours. This price may or may not represent the prevailing price in every area on any particular day.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES AND THE "MARKETPLACE" PLATFORM ARE PROVIDED BY COLLEGE MARKETPLACE INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COLLEGE MARKETPLACE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLEGE MARKETPLACE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLLEGE MARKETPLACE INC. DOES NOT WARRANT THAT OUR SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES; THEIR SERVERS; OR E-MAIL SENT FROM COLLEGE MARKETPLACE INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLLEGE MARKETPLACE INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting College Marketplace Inc., you agree that the laws of the United States and the laws of Delaware State, without regard to principles of conflict of laws, will govern these Conditions & Guidelines and any dispute of any sort that might arise between you and College Marketplace Inc.
Any dispute relating in any way to your visit to College Marketplace Inc. or to products you purchase through College Marketplace Inc. must be submitted to confidential arbitration, in New Castle County, Delaware. However, if we should claim that you, in any manner, have violated or threatened to violate College Marketplace Inc.'s intellectual property rights, College Marketplace Inc. may either resort to arbitration as described in the preceding sentence or seek injunctive or other appropriate relief in any state or federal court. If we do resort to a court in such a case, you hereby agree that such court may exercise personal jurisdiction over you and also that venue may be laid in such a court.
College Marketplace Inc. and you agree that such arbitration will be conducted under the rules then prevailing of the American Arbitration Association. We also agree that any arbitration award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITES POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Fee Agreement and Payment Terms, posted on our Sites. These policies also govern your visit to College Marketplace Inc.. We reserve the right to make changes to our Sites, policies, and these Conditions & Guidelines at any time. If a court should decide that any of these Conditions & Guidelines are invalid, void or for any reason unenforceable, the remaining Conditions and Guidelines will remain in effect and fully enforceable.
College Marketplace Inc.
268 Summer Street, 5th Floor
Boston, MA 02210
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS If you believe that intellectual property has been copied or utilized in a way that constitutes infringement of intellectual property rights, please provide College Marketplace Inc.'s agent noted below the written information specified below. Please note that College Marketplace Inc. established this procedure only for notifying it that intellectual property rights might have been infringed. The notice must contain:
An electronic or physical signature of the owner of the intellectual property interest or a person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that might have been infringed;
A description of where the material claimed to be infringing is located on the Sites;
Identification of the material property, including its title, author, ISBN, ASIN, etc.;
The seller's name, a description of the item the use and sale or other transfer of which you believe violates an intellectual property interest and the seller's price for that item;
Your name (and, if you are not the owner, the owners') address, telephone number and e-mail address;
Your statement that you have a good-faith belief that the copy, sale or other use of the intellectual property in question is not authorized by its owner, the owner's agent or the law [it would be helpful too if you could give a brief description of the law (its legal citation and a summary of its substance];
Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the affected intellectual property or are authorized to act on the owner's behalf.
College Marketplace Inc. has supplied a form for you to use to provide the above notice, which is appended to these Use Conditions and Guidelines. We encourage you to use this form.
For sellers, if our agent (designated below) receives such a notice, we will attempt to notify the alleged infringer, and if we receive the counter notifice described below, we will supply that counter notice to the person who complained of the infringement, and we will restore the material or cease disabling access to it between 10 and 14 business days after our agent (designated below) receives any counter-notice unless that agent receives notice within that time frame from the person who complained of the infringement that that person has filed a lawsuit relating to the infringing activity.
The person alleged in such a notice to have violated intellectual property rights may supply us with counter notice. This counter notice must (a) be in writing; (b) be provided to our designated agent (noted below); and (c) include:
1. That person's physical or electronic signature; and
2. The identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
3. That person's statement, under penalty of perjury, that he/she/it has a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material to be removed or disabled; and
4. That person's name, address and telephone number, together with a statement that the person consents to Federal court jurisdiction where that person's address is (and if the person's address is outside the United States, in any judicial district in which the service provider may be found), and that the person will accept process from the person who provided the notice of the alleged infringement.
College Marketplace Inc. has supplied a form for you to use to provide the above counter notice, which is appended to these Use Conditions and Guidelines. We encourage you to use this form.
Anyone wishing to report or respond to a report of an alleged infringement of intellectual property rights may do so by contacting College Marketplace Inc.'s designated agent for notice of claims of intellectual property rights infringement on its Sites as follows:
Christ Gaetanos, Esq.
Amigone, Sanchez, Mattrey & Marshall, LLP
Attn: DMCA Notice of Claimed Infringement
1300 Main Place Tower
350 Main Street
Buffalo, New York 14202-3173
United Sates of America
College Marketplace Inc. has supplied a form for you to use to provide the above notice and counter notice, which are appended to these Use Conditions and Guidelines. We encourage you to use these forms.
OTHER COLLEGE MARKETPLACE INC. POLICIES AND GUIDELINES
In addition, College Marketplace Inc. has established guidelines regarding the proper kinds of conduct and prohibited uses of our Sites and related services ("Service"). They are not exhaustive. We reserve the right to, and probably will, modify these Guidelines at any time. Any modifications will be effective when posted at our Sites(s).
When you use our Service, you agree to follow these Guidelines (as we may modify them from time to time). We will regard any violation of these Guidelines as a serious breach of our relationship. Therefore, your breach might result in the suspension or termination of your account or any other action that we, and we alone, deem appropriate. If you want to report any violations of these Guidelines, by anyone, please e-mail us at firstname.lastname@example.org.
1. General Responsibilities
College Marketplace Inc. takes a passive role in the purchase and sale transactions in which its customers engage. Our Service enables people to share information about the products for sale and their opinions regarding various products and services and for sellers to sell and buyers to buy such products. Therefore, we cannot and do not warrant, verify or guarantee the quality, accuracy or integrity of the products for sale, the products actually delivered or any information about them. You understand that you remain solely liable for any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, discussion board postings, and other materials ("Content") that you upload to, download from or transmit to our Service.
2. Prohibited Content or Activities
Any user of our service may use it only for lawful purposes. We reserve the right to restrict or remove any and all uses or Content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to other College Marketplace Inc. customers, or to any third party. The list below is a non-exhaustive list of the kinds of conduct or Content that College Marketplace Inc. prohibits:
The upload, download, or transmission of any Content that would violate, or would facilitate the violation of, any applicable law, regulation, or College Marketplace Inc. rule or policy
The upload, download, or transmission of any Content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets
The upload, download, or transmission of any Content that is unlawful, libelous, defamatory, obscene or pornographic (defined together as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia, emission of bodily fluids, rape sex, incest or sex with graphic violence or degradation), indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
The upload, download, or transmission of any Content that involves the sexual or other exploitation of children, whether or not illegal
The upload, download, or transmission of any harmful Content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
The upload, download, or transmission of any Content offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes)
The upload, download, or transmission of any domain names, URLs, or hyperlinks
The use of the Service for commercial purposes such as advertising, promotion, or solicitation
The impersonation of any person or entity or forging of any e-mail communication or any part of a message
3. Reviews and Notices
You are welcome to provide feedback about sellers and the products they sell via our Sites.
We recommend that reviews be no more than 300 words. Your comments should focus on the product or the seller. You must also include your own valid e-mail address, but you can opt not to display your e-mail address if you do not want others to have access to it. The best reviews include not only whether you liked or disliked a product, but also why. Feel free to mention other products that you consider similar and how this product rates in comparison to them. Comments that are not specific to the product or that violate our guidelines in any way may be removed from the College Marketplace Inc. Sites at any time, at our discretion. Please limit yourself to one comment per item.
College Marketplace Inc. is pleased to provide a forum for you to air your opinions on sellers who sell through our site, the products they sell and our Services. Still, we respectfully request that you refrain from including the following in your review:
Notification regarding our typos. If you'd like to tell us about a specific problem, please e-mail us at email@example.com.
Profanity, obscenities (defined as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia and emission of bodily fluids), or spiteful words, unless these words are in a title of a product that you bought or attempted to buy through the College Marketplace Inc. platform
Comments that involve the sexual or other exploitation of children.
Single-word reviews. We want to know why you liked or disliked the product, the seller or our Services
Phone numbers, mail addresses
Solicitations College Marketplace Inc. reserves the right, which it can exercise in its sole discretion and at any time, either to refuse to post or to remove any review that violates these guidelines (literally or in spirit).
4. Product Safety
If you post a comment about a product you think might be unsafe, we ask that you report this information also to the U.S. Consumer Product Safety Commission, at https://www.cpsc.gov/cgibin/incident.aspx.
Attachments: DMCA Notice
DMCA Counter Notice
Last Revised: June 1, 2009
DMCA NOTICE OF CLAIMED INFRINGEMENT
1. Description of the intellectual property right claimed to have been infringed:
2. Description of where the material claimed to be infringing is located at the Sites:
3. Identification of the intellectual property with respect to which infringed is claimed:
4. The name of the seller of the material with respect to which infringement is claimed:
5. A description of the material the use, sale or other transfer of which is claimed to be infringing:
6. The seller's price for that material:
7. My name, address, telephone number and e-mail address are:
8. I have a good-faith belief that the copy of or other use of the intellectual property in question not authorized by its owner, the owner's agent or the law. It would be helpful if you could give a brief description of the law (its legal citation and a summary of its substance):
9. I assert, under penalty of perjury, that the above information in your notice is accurate and that I am the owner of the intellectual property in question or that I have the authority to act on the owner's behalf. ____________________________________ ________
(sign here, either physically or electronically Date
DMCA COUNTER NOTICE REGARDING CLAIMED INFRINGEMENT
1. A description of the material that College Marketplace Inc. removed or access to which has been disabled:
2. Description of where the material claimed to be infringing was located at the Sites:
3. Under penalty of perjury, I assert that the material removed or as to which access was disabled was removed/disabled as a result of a mistake or a misidentification of the material.
4. My name, address, telephone number and e-mail address are:
5. I consent to Federal court jurisdiction in the judicial district in which the address in Â¶ 4 lies (and if my/our address is outside the United States, in any judicial district in which College Marketplace Inc. may be found).
6. I will accept process from the person who provided the DMCA notice of claimed infringement. (Add name of such person, if known): ______________________________. ___________________________________ _________
(sign here, either physically or electronically Date
Christ Gaetanos, Esq.
Amigone, Sanchez, Mattrey & Marshall, LLP
Attn: DMCA Notice of Claimed Infringement
1300 Main Place Tower
350 Main Street
Buffalo, New York 14202-3173
United Sates of America
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