Terms of Use

DATED 2024-09-16 · VERSION 20260729_rev01 · COMPARED WITH 20260527_rev01

Full text changes — 20260527_rev01 to 20260729_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 The terms and conditions stated below, along with the policies and guidelines located throughout the Barnes & Noble Services (collectively herein the "Terms of Use") identify what a user of the Barnes & Noble Services ("you" or "your" or "User" or "Users") can expect from Barnes & Noble Booksellers, Inc., its parent, subsidiaries, and affiliates (together referred to herein as "Barnes & Noble", "we", "us" or "our"), and/or persons who provide products or services to Barnes & Noble customers either directly or through the Barnes & Noble Services ("Barnes & Noble Providers") and what Barnes & Noble in turn expects from Users. By visiting any Barnes & Noble Service, creating an account, making a purchase via the Barnes & Noble Services, downloading a Barnes & Noble application, joining any Barnes & Noble online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Barnes & Noble user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Barnes & Noble.com Site or any other Barnes & Noble Service immediately.
 If you are under the age of 18, you must get your parent or legal guardian to read and accept this Agreement. By using the Barnes & Noble Services, your parent or legal guardian agrees to these Terms of Use, and they are responsible for your use and any issues or claims related to your use of the Barnes & Noble Services. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
 **BY AGREEING TO THESE TERMS, YOU AGREE TO THE DISPUTE-RESOLUTION TERMS IN SECTION 16, INCLUDING MANDATORY INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER**
+Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows ("Digital Content"). To review the Terms of Service for such Digital Content, click here.
+Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows ("Digital Content"). To review the Terms of Service for such Digital Content, [click here.](https://www.barnesandnoble.com/terms/digital-content-terms-of-sale)
 ## 1\. LICENSES AND RESTRICTIONS
 .1 Licenses. Barnes & Noble grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Barnes & Noble documented in a separate agreement) of the Barnes & Noble Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. Barnes & Noble further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Barnes & Noble Services so long as the link does not portray Barnes & Noble, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
 .2 Restrictions. The licenses in Section 1.1 do not include any rights to:
 - (i) use Barnes & Noble's name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or
 - (j) compile, repackage, disseminate or otherwise use data extracted from the Barnes & Noble Services.
 - The foregoing are expressly prohibited and the right to do any of the foregoing shall require Barnes & Noble's express written consent (which may include a written agreement signed by an authorized representative of Barnes & Noble). Any unauthorized use of the Barnes & Noble Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by Barnes & Noble.
 ## 2\. TRADEMARKS
+Barnes & Noble, or its parent, subsidiaries, or affiliates, or third parties from whom Barnes & Noble has permission, own the trademarks or service marks that are used on the Barnes & Noble Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Barnes & Noble and its licensors may not be used without prior written consent of Barnes & Noble or its licensor, as the case may be. Without limiting the foregoing, no Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not Barnes & Noble's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Barnes & Noble. To review a list of Barnes & Noble's Trademarks, click here.
+Barnes & Noble, or its parent, subsidiaries, or affiliates, or third parties from whom Barnes & Noble has permission, own the trademarks or service marks that are used on the Barnes & Noble Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Barnes & Noble and its licensors may not be used without prior written consent of Barnes & Noble or its licensor, as the case may be. Without limiting the foregoing, no Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not Barnes & Noble's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Barnes & Noble. To review a list of Barnes & Noble's Trademarks, [click here](https://www.barnesandnoble.com/terms/trademarks).
 ## 3\. CONTENT
 .1 Proprietary Rights. User acknowledges that the Barnes & Noble Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Barnes & Noble owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Barnes & Noble Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
 .2 Third-Party Content. Barnes & Noble is a distributor and not a publisher of Content supplied by third parties and Users. Barnes & Noble has no editorial control over such Content. Barnes & Noble is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Barnes & Noble or any Barnes & Noble Provider, unless expressly stated otherwise. Neither Barnes & Noble nor any Barnes & Noble Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Barnes & Noble Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Barnes & Noble or any Barnes & Noble.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Barnes & Noble Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Barnes & Noble Services.
 Any software distributed by Barnes & Noble is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Barnes & Noble Services are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Barnes & Noble Services that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Barnes & Noble Services for any illegal purpose. Because the Barnes & Noble Services, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Barnes & Noble Services or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.
 ## 19\. ADDITIONAL TERMS AND CONDITIONS
 In addition to the policies and guidelines located throughout the Barnes & Noble Services, the following policies are incorporated into the Terms of Use:
+- Copyright Policy: http://www.barnesandnoble.com/pages/copyright-policy (also accessible via a link on the bottom of the Barnes & Noble.com Site pages)
+- Privacy Policy: http://www.barnesandnoble.com/pages/privacy-policy (also accessible via a link on the bottom of the Barnes & Noble.com Site pages)
+- Copyright Policy: [https://www.barnesandnoble.com/terms/copyright-policy](https://www.barnesandnoble.com/terms/copyright-policy) (also accessible via a link on the bottom of the Barnes & Noble.com Site pages)
+- Privacy Policy: [https://www.barnesandnoble.com/terms/privacy-policy](https://www.barnesandnoble.com/terms/privacy-policy) (also accessible via a link on the bottom of the Barnes & Noble.com Site pages)
 ## 20\. ACKNOWLEDGMENT
 The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Barnes & Noble regarding User's relationship with Barnes & Noble and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, "including" means "including, without limitation."
 ## 21\. MODIFICATION
+These terms were last revised on September 16, 2024. [Click here](https://www.barnesandnoble.com/terms/terms-of-use) to see a prior version of the Terms of Use.
+These terms were last revised on September 16, 2024. [Click here](https://www.barnesandnoble.com/terms/terms-of-use-previous) to see a prior version of the Terms of Use.
 [**Additional terms**](https://www.barnesandnoble.com/terms/terms-of-use)