Borders Stores

Borders Websites and Computer Kiosk Terms Of Use

Last Modified October 24, 2007.

Introduction

This website, and all other Borders websites, including but not limited to www.bordersstores.com, www.giftcards.borders.com, and www.bordersrewardsperks.com, which may be encountered via the Internet or via computer kiosks available in Borders stores (collectively, the "Site" or "Sites"), are owned and operated by Borders, Inc. ("Borders", "We", or "Us"). Borders provides its Sites to you subject to the following Terms Of Use (the "Terms"). By using the Sites, you agree to be bound by the Terms. Borders may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Sites. By continuing to access and use the Sites after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

Please note that when you access www.borders.com and www.waldenbooks.com, both of which are currently powered by Amazon.com, you will be subject to Amazon.com's Terms and Conditions and Privacy Policy.

Description of Service

The Sites allow users to research, review, purchase, and/or order various entertainment, educational and other products featured on the Sites (collectively, "Products"), including, but not limited to, books, magazines, gifts, stationary, and other paper goods, movies, audio CDs, and audio books. The Sites also allow users to access Borders Rewards and Borders Rewards Perks and Borders Rewards Perks Plus (collectively, "Borders Rewards Perks") program accounts, create and share "Wish Lists", upload and download content (including reviews and other user generated content), and access various third-party websites offering a wide variety of products and services. The services, features and products that Borders offers to users on the Sites may be referred to herein collectively as the "Services". Unless explicitly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.

As it pertains to the www.borders.com and www.waldenbooks.com websites, those websites are currently powered by Amazon.com and the Terms and Conditions applicable to those websites are posted thereon.

Purchasing Products

If you make a purchase from www.borders.com or www.waldenbooks.com, such purchases are subject to Amazon.com's Terms and Conditions, Privacy Policy, and any relevant purchase policies.

If you make a purchase from any third-parties advertised on or linked to from the kiosks and/or the Borders Sites or from www.borders.com or www.waldenbooks.com, you are not purchasing a product or service from Borders. You agree that neither Borders nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Borders Sites or from www.borders.com or www.waldenbooks.com.

Registration

You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products or using our Customer Ratings and Review Service ("CRR") or "Wish List" pages. If you choose to register on the Sites, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Borders that is false, inaccurate, outdated or incomplete, or Borders has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Borders has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.

Privacy

Any registration or other information you provide to Borders is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.

Member Account and Password

If you choose to register for an account with Borders or to become a member of Borders Rewards and/or Borders Rewards Perks, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Borders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Borders (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Materials on the Site, Proprietary Use

You acknowledge that all materials on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Borders and/or its suppliers or licensors, all rights reserved. Borders authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.

Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of Borders or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.

The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Sites (including, without limitation, Borders, Borders Rewards, Borders Rewards Perks, Borders Rewards Perks Plus, and any Marks associated with any Products) are the sole property of Borders and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of Borders or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Borders and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Borders. Borders will enforce its intellectual property rights to the fullest extent of the law.

Submissions

In the event that we provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions") on the Sites (collectively, "Venues", and including, but not limited to, "Wish List" pages, CRR pages, bulletin boards, chat rooms, surveys or invitations to e-mail Borders with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.

You agree that any Submissions submitted by you to the Sites through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by Borders without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, you grant to Borders the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.

Borders reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of Borders. Borders does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites.

In addition to the foregoing, Borders, in conjunction with Bazaarvoice, Inc., offers a CRR service. Specific additional terms entitled "Customer Ratings and Reviews Terms of Use" apply to this CRR service and are incorporated herein. For more information, see our Customer Ratings and Reviews Terms of Use.

Links and Third Party Content

Links on the Sites to third-party websites are provided to enhance your Borders experience and to provide you with the opportunity to utilize value-added entertainment and educational content. If you use these links, you will leave the Sites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not Borders Privacy Policy. Borders does not control any such third-party websites. You agree that neither Borders nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. Borders does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither Borders nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Borders Sites.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, BORDERS, ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "BORDERS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES 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.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, BORDERS MAKES NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORDERS OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BORDERS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BORDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.

If you are dissatisfied with any Borders material, or with any of Borders' terms and conditions, your sole and exclusive remedy is to discontinue using Borders' Sites and Services.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Borders and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.

Intended Audience

Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. Borders controls and operates the Sites from its offices located in the State of Michigan in the United States of America. Borders makes no representation that Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Borders does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. Borders relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses the Borders Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.

Copyrights and Copyright Agent

Borders respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Borders' Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Borders' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agentc/o Borders, Inc.100 Phoenix DriveAnn Arbor, MI 48108ATTN: Legal Department
By phone: 734-477-1100
By email: copyright@bordersgroupinc.com

Termination

Borders reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including your breach of the Terms or other conduct by you that Borders considers inappropriate. Borders reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither Borders nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Sites and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither Borders nor its parent or subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.

Governing Law

The Terms shall be exclusively governed by and construed in accordance with the laws of the State of Michigan within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Borders makes no representation that the Terms comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Sites and/or Services in violation of any laws.

Notices

By use of the Sites and/or Services, you consent to receive electronic communications from Borders (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.

Contacting Us

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, please contact us at ccare@bordersstores.com. We will address any issue to the best of our abilities as soon as possible.