By accessing, visiting, viewing, interacting with, or otherwise using this Web site (www.randomhouse.com/rhpg/features/thefire/), you agree to be bound by the following terms and conditions of use, which shall constitute an Agreement between you and us as follows:
1. The terms "we" or "us" refer to Katherine Neville, the owner of the Web Site, or any individual or entity operating on her behalf in connection with routine maintenance or monitoring of the Web Site. The term "you" or "user" refers to anyone accessing, visiting, viewing, interacting with, or otherwise using the Web Site.
2. You understand and agree that we have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. You will use the Web site for lawful purposes only and will not post or transmit any material that violates or infringes in any way upon the rights of others or that is threatening, abusive, defamatory, vulgar, obscene, indecent or otherwise objectionable in our view.
4. You understand and agree that the Web site contains copyrighted material, trademarks and other proprietary information and the entire contents of the Web site are protected by copyright as a collective work under the United States copyright laws. We own and/or control copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it, and you acknowledge and agree that you may not modify, publish, transmit, create derivative works from, or in any way exploit any of the content, in whole or in part.
5. You will not upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You will be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any submission by you.
6. You hereby grant to us the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on the Web site by you, including but not limited to any material posted by you on the Web site's bulletin boards and/or forums, and any email queries submitted by you to us.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. (A) YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
(B) ALL INFORMATION, SERVICES OR MERCHANDISE PROVIDED THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE OWNER (INCLUDING ANY ONLINE DISTRIBUTOR) OF THE WEB SITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
8. You understand and agree that we shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement, as well as the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, we shall have the right at any time to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user access to the Web site.
9. You agree to indemnify us and agree to hold us harmless from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by you.