"We", "us" and "our" mean The Random House Group Limited.
"You" and "your" mean the person using a Website under these Terms.
"Goods" means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.
“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 4 of these Terms.
“Sales Terms” means the Sales Terms and Conditions which apply to all transactions made using the Websites and which can be found here.
"Working days" means all days other than Saturdays, Sundays, and Public Holidays.
1. Your Access to the Websites
By accessing or using any of the Websites, you agree that you have read and understood to the Terms and that you agree to them. Your continued access to and/or use of any of the Websites will mean that you agree to be bound by the most current version of the Terms as may be updated from time to time.
2. Updates to the Terms
These Terms may be changed at any time by us. If we make any changes to the Terms we will include a notice at http://www.randomhouse.co.uk/terms/terms-conditions and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The Terms were last updated on 12/4/2011.
3. Changes to the Websites
You acknowledge and accept that we may from time to time alter any aspect of the Websites, or any of the Products provided through the Websites, as we think fit and without notice to you.
4. Acceptable Use Policy
4.1. It is a condition of use of the Websites that you will not post any Prohibited Content on any bulletin board, forum or comment or review section of any Website as set out below. Prohibited Content includes (but is not limited to):
4.1.1. falsehoods or misrepresentations that could damage us or any third party;
4.1.2. content or links to websites that are unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
4.1.3. any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;
4.1.4. material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Websites;
4.1.5. impersonation of another person;
4.1.6. advertisements or solicitations of business; or
4.1.7. personal information about another person and/or attempts to solicit personal information from anyone.
4.2. Any content which includes any of the content set out at clause 4.1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 4.1 to be Prohibited Content.
4.3. We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of the Acceptable Use Policy, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Websites.
4.4. We reserve the right to suspend your account or terminate your access to the Websites, if you are, in our absolute discretion, deemed to be a repeat infringer of the Acceptable Use Policy.
4.5. If you believe that any posting or review displayed on our Websites contains Prohibited Content, please notify us immediately by contacting us at email@example.com. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.
5.1. You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which a Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
5.2. We do not guarantee uninterrupted availability of the Websites, but shall make reasonable efforts to minimise any periods during which a Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
6. Hypertext links
6.1. The Websites may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.
6.2. You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
8. Additional rules
The Websites may contain various bulletin boards, competitions 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.
9. Use of the Websites
9.1. You must use the Websites for lawful purposes only.
9.2. You must comply at all times with the Acceptable Use Policy set out in clause 9 below.
9.3. You must not send for display on the Websites any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
9.4. You must not send material containing software viruses or otherwise use a Website in any way that interrupts access to it.
10. Your Account
10.1. On first registration you will choose a user name and password (ID). None of our employees or agents will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.
12. Intellectual property rights
12.1. This site contains material that is owned or licensed by Random House. 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.
12.2. All brand names, product names and titles used in the Websites are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
12.3. By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through the Websites (each a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.
13. Limitations of liability
13.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
13.2. We are providing the Websites on an “AS IS, AS AVAILABLE” basis to users. You use the Websites at your own risk.
13.3. Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
13.3.1. neither we nor our employees or agents are in breach of a legal duty owed to you;
13.3.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
13.3.3. any increase in loss or damage results from a breach by you of any term of these Terms.
13.4. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
13.5. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally.
13.6. We further do not warrant that the Websites or the products and materials contained on such Website 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.
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.
15.1. Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
15.2. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
15.3. All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.
15.4. Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.5. The Websites may provide links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.
15.6. These Terms are governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.
15.7. Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.
17. Comments on how we may improve our service to you
We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us at the email address below.
18. Contact Us
For comments relating to the content of the Websites generally, please email us at firstname.lastname@example.org.
For service of legal notices our details are as follows:
The Random House Group Limited
20 Vauxhall Bridge Road