Terms of Use

Effective Date: October 11, 2016

These Terms of Use apply to the wwnorton.com website and to any other website, application, online service, or other interactive feature or download (collectively “Sites” and each individually a “Site”), however accessed and/or used, that is owned or operated by W. W. Norton & Company, Inc. or one of its subsidiaries or affiliates (collectively, “Norton,” “we” or “us”) and links to these Terms of Use with our approval. 

These Terms of Use constitute an enforceable legal agreement between you (“you” or “user”) and Norton and contain the material terms and conditions that govern your use of the Sites.   Additional terms, conditions, and policies (such as shipping and return policies, for example), may apply to the purchase of products on the Sites.

By accessing or using any of the Sites, you are agreeing to be bound by all of the terms and conditions set forth in these Terms of Use, including any changes to these Terms of Use that we may make in the future.  For more information about how we will notify you if we make changes in the Terms of Use, please see the paragraph headed “Changes to Terms of Use” below.  Please read all of these Terms of Use carefully before using or continuing to use the Sites.  THE SITES, AND ANY PRODUCTS AND SERVICES OFFERED ON THE SITES, ARE INTENDED FOR USE BY INDIVIDUALS OVER THE AGE OF 13.  YOU MUST NOT CONTINUE ON THIS SITE IF YOU ARE AGE 13 OR YOUNGER.  REGARDLESS OF AGE, YOU SHOULD IMMEDIATELY LEAVE THIS SITE IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR DO NOT AGREE TO BE BOUND BY THEM.    

Ownership of Sites and Site Content

The Sites are owned and operated by Norton.  Except to the extent otherwise identified on the Sites or described in these Terms of Use, all aspects of the content found on the Sites (including but not limited to text, graphics, images, sound, and software) (“Site Content”), as well as all other elements of the Sites themselves (e.g., design elements, interfaces, code, selection and arrangement of Site Content, etc.), are owned by Norton and/or Norton’s licensors and protected by copyright, trademark and other laws.  No use of any Site or Site Content for any purpose other than the limited, personal and non-commercial purposes described in these Terms of Use is permitted at any time, and access is strictly conditioned upon acceptance of and compliance with all of these Terms of Use. 

Purpose of the Sites is to Provide General Information

Except to the extent otherwise noted on any given Site, our purpose in operating the Sites is to provide users with general information, including information about the products and services we offer.  You use the Sites at your own risk, understanding that neither Norton nor any licensor of content on the Sites guarantees the accuracy or completeness of any information or content.  By using the Sites, you expressly acknowledge that Norton is under no obligation to verify information provided by third parties, including users, or to update historical or other information. 

Norton is Not Responsible for Third Party Links and Content

Third party views and opinions expressed on the Sites, including those expressed by users in Submissions as described below, do not reflect the views or opinions of Norton and are not endorsed by us.  When links to websites controlled by third parties (“Unaffiliated Websites”) appear on the Sites, they are provided solely as a convenience to users and do not imply any affiliation between Norton and the owners of Unaffiliated Websites, or any endorsement of the Unaffiliated Websites or their contents.  Norton is not responsible for anything contained in user Submissions or on Unaffiliated Websites, or for any consequence of linking to an Unaffiliated Website.  By accessing and using the Sites, you assume liability for your own response to any content, including other user Submissions.  Please be aware that use of the Sites may expose you to information or material that you consider offensive, inaccurate, or otherwise objectionable; by choosing to use the Sites, you assume all risks associated with your exposure to such content as well as the risk of dealing with persons who may be minors, foreign nationals, or operating under assumed names or other false pretenses.  Norton is not responsible for your registration or use of any third-party service (such as a social media platform, for example), even if a tool allowing you to sign in to or register with the service appears on the Sites.  For terms and conditions applicable to Unaffiliated Websites and services provided by third parties, you must refer to the terms of use and other policies provided by the owners of such sites and services.   

Privacy Policy

Unless otherwise specified in connection with a particular product, service, or activity, Norton’s collection and use of personal information and other forms of data is governed by our Privacy Policy, available at wwnorton.com/books/privacy/.  The Privacy Policy is hereby incorporated into these Terms of Use and forms a part of the agreement between you and Norton to which you become a party by accessing and using the Sites.

License to Use, Access, and Link to the Sites

Subject to all of the terms and conditions contained in these Terms of Use, Norton grants you a limited, revocable, non-exclusive, non-transferable license (“License”) to access the Sites and to view, play, print and download Site Content, to the extent permitted on the Sites, for your own personal, non-commercial use only.  You may also create a link to any page on any of the Sites, provided that in so doing you do not defame or disparage us, our products and services, or any of our authors or other third party content providers, vendors or licensors, or use such links to display or disseminate false, misleading, or offensive content.

As a condition of the License, you specifically acknowledge and agree that you may not: (i) use the Sites or any features available on the Sites in any manner with the intent to interrupt, damage, disable, overburden or impair the Sites or such features; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities legitimately conducted on the Sites; (iii) bypass any measures we may use to prevent or restrict access to the Sites; (iv) gather, obtain, use, access or otherwise copy any part of the Sites or Site Content using any bot, spider, crawler, spyware, engine, device, software or any other automatic device, utility or manual process of any kind; (v) engage in any activity that interferes with another user’s access to or use or enjoyment of the Sites; (vi) except to the extent specifically permitted by these Terms of Use, adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, sell, re-sell, or otherwise distribute any Site Content; (vii) frame or utilize any framing technique to enclose any trademark, logo or other proprietary information appearing on the Sites or in Site Content (including images, text, page layout or form), or use any meta tag or other “hidden text” utilizing our name or trademarks, or those of any of our affiliates; (viii) use our name or any language, symbol or picture that could, in our  judgment, be read to suggest an endorsement by us of any product or service; or (ix) remove, obscure, or seek to remove or obscure any copyright, trademark, or similar proprietary notice found on any Sites or in any Site Content.

You warrant to us that your use of the Sites and the Site Content will not violate any foreign or domestic law, statute, ordinance or regulation applicable thereto.  You further warrant that, except as permitted under applicable copyright laws, you will obtain permission before re-using any copyrighted material available on the Sites.  For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. 

You agree not to upload to or distribute or publish through the Sites, directly or indirectly, content that is criminal in nature; content of any kind that encourages or facilitates the commission of a criminal offense or the violation of any law; or content that contains viruses, political campaign materials, chain letters, mass mailings, or any form of unsolicited “spam.”

Use of the Sites for any purpose other than as contemplated in the Terms of Use is a violation of Norton’s and/or its licensors’ copyright and proprietary rights.

We may revoke the License at any time, and suspend or terminate your access to the Sites, with or without notice to you, if you violate these Terms of Use or if we, in our sole discretion, determine that anything you are doing on a Site is contrary to the purpose of the Site, violates any law or any right of Norton or third parties, is harmful to Norton or third parties, or is otherwise objectionable for any reason.  Your obligations to us under these Terms of Use will continue following suspension or termination of your access to the Sites.

All rights not expressly granted to you in the License, including without limitation all rights in the Sites and the Site Content, are reserved by Norton and/or Norton’s licensors for its and their sole use and disposition.

Trademarks and Other Indicia of Origin

Unless otherwise indicated, trademarks, tradenames, service marks, design marks, logos, and similar indicia of origin (“Marks”) that appear on the Sites are the protected intellectual property of Norton or its licensors.  You may not copy, publish, republish, transmit, upload, use, or modify any of the Marks without the prior written permission of the owner thereof.  Permitted uses, if any, of our Marks by you shall inure to our benefit. 

User Submissions

From time to time, we may request or invite submission of content (each a “Submission” and collectively “Submissions”) from users of the Sites.  Examples of Submissions are user comments on Site Content, postings to forums on Sites, participation in forums on Sites, and similar materials created by and owned by users.  Student class work and homework created in connection with an academic course or program that requires submission of such material via a Site is not a “Submission” within the meaning of this section.  Your posting of a Submission on a Site constitutes an express grant by you to us of a perpetual, non-revocable, royalty-free, fully paid-up, non-exclusive license to use, modify, adapt, create derivative works from, publish, transmit, distribute, perform and display the Submission (including your name, voice, and/or likeness, if included in the Submission), in whole or in part, by all means and in all media, whether now known or hereafter discovered, for all legal purposes (including promotion, advertising, marketing and publicity uses for ourselves and others) in all languages throughout the universe, and to license others to do the same.  You understand that we are under no obligation to use or to continue to use Submissions, which may be removed from Sites at any time without notice.  No portion of any Submission shall be deemed confidential.  You retain the copyright in your Submission, subject to this non-exclusive but fully sub-licensable grant of rights to us. 

You understand, acknowledge and agree that we have the right to monitor your use of the Sites and the Submissions but are not obligated to do so.  It is your responsibility to ensure that Submissions by you are relevant and appropriate in tone and content.  Spam, commercial solicitations, activity, and/or material, sexually explicit material, abusive or insulting language, incitement to violence or criminal activity, intimidation, threats, and deprecation based on race, religion, national origin, gender, sexual orientation or physical or mental handicap are strictly prohibited, as is the solicitation of funds for any purpose.  You may not either directly or indirectly assert or suggest that Norton endorses or is affiliated with any Submission or is responsible for the content of any Submission.  You understand that in our sole discretion, we may remove any Submission, or any portion of a Submission, that we determine is or may be in violation of these Terms of Use.

We do not accept unsolicited manuscripts and will not respond to or take responsibility for manuscripts, proposals or similar material transmitted via any Site.

Do not include any personally identifying information (e.g., your full name, first initial and last name, street address, email address, financial information, phone number, etc.) in Submissions to forums or other public areas of the Sites. 

YOU MUST BE 18 YEARS OF AGE OR OLDER, OR HAVE THE PERMISSION OF A PARENT OR GUARDIAN, TO MAKE ANY SUBMISSION TO THE SITES.

Account Registration and Security on the Sites

Certain Sites may provide you with an opportunity to register as a member, establish an account, and/or receive or establish one or more names and passwords.  IF YOU ARE UNDER THE AGE OF 18 AND NOT ENROLLED IN ANY ACADEMIC COURSE THAT REQUIRES SUBMISSION OF CLASS WORK OR HOMEWORK VIA A SITE, YOU MUST HAVE PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO REGISTER AS A MEMBER OF ANY SITE OR ESTABLISH AN ACCOUNT.  As a condition of using any such account or membership, you must truthfully and accurately respond to complete all required fields of information in any registration or other applicable form and must promptly update such information to keep it current and accurate.  Norton may suspend or terminate your account at any time if it has reason to believe that information provided by you is or may be inaccurate or misleading, in whole or in part, and Norton may refuse current and future access to and use of the Sites (or any portion of them). You understand, acknowledge and agree that you are solely responsible for keeping any password and other account credentials secure and confidential and (except to the extent otherwise provided by applicable law) for any unauthorized use of your account or any other breach of security of which you become aware.  You also understand, acknowledge and agree that you are solely responsible for any and all activities that occur on your account and will indemnify, defend, and hold harmless Norton, its successors, directors, employees, agents, service providers, and licensors harmless against any cost, loss, liability or expense arising directly or indirectly out of the use or misuse of your account.  You agree to notify us immediately if you become aware of any unauthorized use of your account or any other security breach. 

Disclaimers/Limitation of Liability

All uses of the Sites by you are at your sole risk.  The Sites are provided by Norton on an “as is” and “as available” basis.  Norton makes no representations or warranties of any kind, express or implied, as to the operation of the Sites, the Site Content, or any other information, content or materials included on the Sites. To the fullest extent permitted by applicable law, Norton disclaims all warranties, express and implied, including without limitation implied warranties of merchantability and fitness for a particular purpose and warranties that materials on the Sites are non-infringing, that access to the Sites will be uninterrupted or error-free, that the Sites or any server that makes the Sites available will be virus-free, or that information available on the Sites will be complete, accurate, useful, or current. Norton, including its directors, employees, agents, licensors, and contractors will in no event be liable for any damages of any kind arising from your use of the Sites or inability to use the Sites or any other site(s) you access through a link from any of the Sites, or from any action we may take or fail to take as a result of any email or other messages you send us.  These damages include but are not limited to direct, indirect, incidental, consequential and punitive damages, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits or goodwill, loss of data, unauthorized access to and alteration of your transmissions and data, and all other tangible and intangible losses (even if such party has been advised of the possibility of such damages, and regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the foregoing limitations may not apply to you, or may apply to you only in part.  To the extent that the disclaimers and limitations of liability set forth in these Terms of Use are limited by applicable law, the disclaimers and limitations of liability shall apply to you to the fullest extent permitted.

Representations by You

In connection with your use of the Sites, you represent and warrant the following: (i) you are over the legal age to contract (or are enrolled in an academic course that requires submission of class work or homework via a Site, or your parent or guardian has consented to your use of the Sites), have the right and authority to agree to these Terms of Use, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have read, understood, agree with, and will abide by all the terms herein; (iii) you will not use the Sites for any purpose that is unlawful or prohibited by the Terms of Use and (iv) you will not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Sites.

Specifically with respect to any Submission by you, you further represent and warrant that (v) you own or solely control copyright and all other relevant rights in the Submission (including, to the extent applicable, patent, trademark, trade secret and any other proprietary rights) and have the full power and authority to make the Submission and grant us the rights that you are granting to us as described in these Terms of Use; (vi) the Submission contains no recipe or instruction that could be injurious to users or other persons or entities; (vii) the Submission is accurate; (viii) nothing contained in the Submission is defamatory, obscene, threatening, unlawful, abusive, in violation of any of these Terms of Use or in violation of any rights of privacy or publicity of anyone or an infringement of any intellectual property or other proprietary rights of anyone; (ix) you have obtained the written consent from any individual (or, in the case of minors, from the parent or legal guardian of any individual) identifiably depicted and/or named in any visual or auditory content contained in the Submission, and such consent specifically permits the use of the identifiable individual’s image, voice, name, and/or other identifying features, as applicable, and is sufficiently broad in scope to permit the grant of rights that you are making by submitting material pursuant to these Terms of Use; (x) any email address provided by you in connection with your Submission is accurate and you are not using a false name or impersonating any person or otherwise misleading us or any user as to the origin of the Submission.

To the extent that you provide credit card or other information to us or any of our vendors in connection with the purchase of products or services on the Sites, you represent and warrant that you are the authorized user of the credit card or other payment method, and you agree that if legal action is necessary to collect balances due from you, you will indemnify us and our vendors or agents from and against all amounts expended by us in our efforts to collect the sums due, including without limitation outside attorneys’ fees and other legal expenses.

You understand that you bear sole responsibility for the payment of fees associated with your own Internet access and the telecommunications services required for use of the Sites.

Indemnification

You agree to defend, indemnify and hold Norton, its successors, directors, officers, employees, agents, authors, licensors, contractors, and service providers (collectively, the “Indemnified Parties”) harmless from any and all claims, actions, costs, liabilities, expenses and damages, including attorneys’ fees, made against any of the Indemnified Parties that directly or indirectly results from or arises out of your use of the Sites, your connection to the Sites, your breach of any representation, warranty or obligation hereunder, your violation of these Terms of Use, or your violation of any rights of another user.

General Terms and Governing Law

These Terms of Use constitute the entire agreement between you and Norton, govern your use of the Sites, and supersede any prior agreements between you and Norton concerning the Sites. These Terms of Use are personal to you, and you may not assign your rights or obligations hereunder to anyone.  

Norton is a corporation organized under the laws of the State of New York in the United States of America, and the Sites are operated in the United States.  The Sites have been designed to comply with the laws of the State of New York and the United States.  These Terms of Use, all intellectual property issues, your rights and obligations, and the relationship between you and Norton shall be governed by the substantive laws of the State of New York, USA, unless otherwise noted.  By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of the courts located in New York County, New York, in all disputes arising out of or relating to the use of the Sites.

Regardless of your ability to access the Sites from jurisdictions outside of the United States, the Sites are not intended for use by you (and we ask you to discontinue your use of the Sites) if these Terms of Use, your use of the Sites, your access to the Site Content, or any material available on the Sites is contrary to the laws of the jurisdiction in which you are located when you access the Sites. 

If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

In the event of any legal action arising from or relating to these Terms of Use or your use of any of the Sites, you hereby waive the right to a jury trial.

Norton’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Changes to Terms of Use

Norton reserves the right, in its sole discretion, to change or modify these Terms of Use, including the Privacy Policy applicable to your use of the Sites, at any time. Changes or modifications shall be effective immediately upon notice, which may be given by any means, including without limitation by posting within the Sites, or by electronic or conventional mail or messaging. Any use of a Site by you after we have given notice of changes or modifications shall be deemed to constitute your acceptance of such changes or modifications.

Termination

Norton reserves the right, in its sole discretion, temporarily or permanently to discontinue, the Sites or any part thereof or to terminate any user’s access to the Sites or any part thereof.  You agree that Norton will not be liable to you or any third party for any modification, suspension, or discontinuation of the Sites, or any part thereof. Upon termination for any reason, you must cease all access to the Sites. All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Norton’s ownership rights and your representations and indemnities shall survive termination.

Force Majeure

Neither Norton nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Copyright Infringement

If you believe that your copyright has been infringed, you may notify us in writing at the following postal address:

W.W. Norton & Company, Inc.
500 Fifth Avenue
New York, NY 10110
Attention: legal department (DMCA NOTICES)

Or by email addressed to copyright@wwnorton.com

Consistent with the Digital Millennium Copyright Act (“DMCA”), your notice must be signed (either physically or electronically) by a person authorized to act on behalf of the owner of an exclusive copyright alleged to have been infringed and should include all of the following information: 

• A description of the copyrighted work to which the infringement claim relates
• A description of where on the Sites the material you believe to be infringing is located
• Information sufficient to allow us to contact you, e.g., your address, telephone number, email address
• A statement confirming that you believe in good faith that the complained-of use was not authorized by the copyright owner, the copyright owner’s agent, or applicable law

You must also include a statement by you affirming that, under penalty of perjury, the information contained in your notice is accurate and that you are either the owner of the exclusive copyright or are authorized to act on behalf of the owner of the exclusive right that you allege to have been infringed. 

Please note that the contact information provided above is for use solely in connection with DMCA notices.  Other forms of communication, for example piracy reports and requests for technical assistance or online customer service, should be directed to customerservice@wwnorton.com.  We attempt to answer all appropriately addressed customer service inquiries within a reasonable period of time, but a response cannot be guaranteed in all cases.