Terms & Conditions

Melbay.com TERMS OF USE
Last Updated on April 30, 2012

The Mel Bay.com website (the "Site") is a service of Mel Bay Publications, Inc., a Missouri corporation ("Mel Bay" "us" or "we"). These Melbay.com Terms of Use ("Terms of Use") set forth the terms and conditions applicable to your access and use of the Site, however accessed and/or used, whether via personal computer, mobile device or otherwise.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 5 AND 7 BELOW.

WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT LINK LOCATED ON OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1.                  General Use and Restrictions.

1.1              Use of the Site. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferrable, revocable and limited license to access and use the Site solely to view information about the products and services offered by Mel Bay and purchase Mel Bay products. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.

1.2              Use of Content.
You may make customary use of the Site using your web browser and personal computer-i.e., use of a web browser to copy portions of the Site for display on your computer monitor.  Similarly, service providers may make customary use of the Site to facilitate its availability to users, including customary caching, unless such practices would materially misrepresent the Site or particular portions thereof.  You may print, for personal use, up to five copies of any text, graphic, information or combination thereof displayed or transmitted on the Site (collectively, "Content") that you are authorized to access, provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use, including without limitation Section 1.3 below.

1.3              Restrictions.
Other than permitted uses of Content as provided in Section 1.2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. In particular, you may not copy the Site or portions thereof for reuse of the Content on a competitive website or for a competitive venture.  You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, (c) display any part of the Site in frames (or any Content via in-line links), and/or (d) use or access, or attempt to use or access, any portion of the Site for which you are not given access by us. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
 
2.                  Accounts.

2.1              Registered Users. If we issue a username and/or password to you in connection with your use of the Site or any portion thereof, you will be considered a Registered User of and will have an "Account" for the Site. Certain portions of the Site may be accessible only to Registered Users. You agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or Account. If you allow another party to use your Account, you will be responsible for all use by the party using your Account.

2.2              Payment.
You agree to pay Mel Bay for any purchases on the Site in accordance with the pricing and payment terms that Mel Bay may issue from time-to-time. All fees are payable in U.S. dollars, and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

2.3              Termination/Suspension of the Site.
We may, in our sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

3.                  Linking and Third Party Dealings.

3.1              Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Mel Bay. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.  You agree that Mel Bay is not responsible or liable for any content, advertising or other materials available through the third party web sites, and that Mel Bay is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods or services available through the third party web sites and Internet resources.

3.2              Linking to the Site. We generally welcome links to the Site from other web sites. However, if we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.

4.                  Intellectual Property. 
Except for Content that is in the public domain or licensed from third parties, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Mel Bay and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part. MEL BAY and all related logos are either trademarks or registered trademarks of Mel Bay or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Mel Bay or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site (including all Content) are expressly reserved by Mel Bay.

5.                  No Warranties.
The Site is provided on an "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
 
6.                  Indemnification.
You hereby agree to indemnify and hold harmless Mel Bay and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you or, if applicable, any user of your Account, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms of Use by you or, if applicable, any user of your Account.

7.                  Limitation of Liability.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL Mel Bay AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF BELLEVILLE AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, [NAME] AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (Y) $5.00, OR (Z) THE SUM OF FEES PAID BY YOU HEREUNDER, IF ANY, DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8.                  Release.
In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release Mel Bay (and its officers, directors, agents, affiliates, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 10.

9.                  Modifications to the Site.
For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason) and without notice or liability.

10.              Privacy.
You consent to our Privacy Policy now and as it may be amended or changed from time to time.

11.              Governing Law and Jurisdiction.
These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States and the State of Missouri, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site. In the event you desire to initiate any suit against Mel Bay arising out of or relating to the Site and/or these Terms of Use, you agree to bring such suit in the federal courts sitting in St. Louis, Missouri, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in St. Louis County, Missouri.  You further agree that we may initiate a suit against you arising out of or relating to the Site and/or these Terms of Use in such courts and you hereby waive, to the fullest extent permitted by applicable law, all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.  If you reside or work outside of the United States, you represent and agree that you are voluntarily and knowingly accessing this Site in the United States, that you understand that United States laws and not those of your place of domicile apply, and that you waive any rights to have the national or supernational (i.e., European Union) laws of your place of domicile apply with respect to your use of the Site and interaction with the Site.

12.              Miscellaneous.
These Terms of Use including, without limitation, (a) any other terms and conditions that may appear on the Site from time-to-time (such as, without limitation, additional representations that we may ask you to make when submitting information to the Site), and (b) any written terms and conditions that you and Mel Bay may agree in a writing (executed by you and Mel Bay with specific reference to these Terms of Use) are to supplement these Terms of Use (whether such writing is agreed to before, after or concurrently with these Terms of Use), contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have to your Account or under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Mel Bay to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of Mel Bay's rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and/or these Terms of Use by any reasonable means including, without limitation, sending an e-mail to your last known e-mail address, and any such e-mail notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.