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Terms of Use

Terms of Use Agrement

Effective: June 25, 2018

Description of Program and Acceptance of Terms of Use

Welcome to Bookperk PageTurners (the “Site”), which is operated by HarperCollins Publishers L.L.C. (“Company” or “we”). Company is based in the United States, and the Site is hosted in the United States. Company is a part of the United States based operations of News Corporation.

The Site supports our Bookperk PageTurners consumer research program (the “Program”). By visiting the Site (whether or not you are a registered participant) or participating in the Program Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the Program following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Program and Site immediately. You may receive a copy of this Agreement by emailing us at: support@bookperkpageturners.com, Subject: Terms of Use Agreement.

Eligibility for Participation in the Program and Account Security

The Program is limited to users aged 16 years and above. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another participant at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use the Program. You may terminate your participation in the Program, for any reason by emailing us at support@bookperkpageturners.com. Company may terminate your account and/or access to the Program at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Program is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.

Company Content

The Program may include information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Program. Company hereby grants you a limited, revocable, nonsublicensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Company Site and using the Program. The Program may also contain Content of users and other Company licensors. Except as provided in this Agreement or as explicitly allowed on the Program, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Program.

You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.

You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to Site, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Program or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Privacy

Use of the Program is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The Program is provided "AS-IS" and “as available” and Company does not guarantee or promise any specific results from use of the Program. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Program will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Program or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Program, problems or technical malfunction in connection with use of the Program, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Program, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Program, or the conduct of any users of the Program, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.

Limitation on Liability

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE PROGRAM DURING THE TERM OF YOUR USE OF THE PROGRAM.

Disputes

The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the Program. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Other

The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. Company is a trademark of Company, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: support@bookperkpageturners.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.