TERMS AND CONDITIONS OF USE

Welcome to ANDREWSMCMEEL.COM ("Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE. This Site is owned and operated by Andrews McMeel Publishing, LLC. ("AMP"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.

By using this Site or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Missouri law. If you do not agree to these Terms, you do not have permission to use the Site. AMP reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. You also agree that AMP may send you notices, announcements, offers and alerts regarding AMP owned, operated or affiliated sites and services. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. AMP may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.

2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or AMP may, at AMP’s option, be conducted electronically. AMP may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

3. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER AMP, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. AMP will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, storing, copying, or otherwise making available any content from the Site on another website without the prior written permission of AMP is expressly prohibited.

4. PRIVACY POLICY
AMP respects your right to privacy and understands that visitors to AMP need to be in control of their personal information. To that end AMP has developed a Privacy Policy , and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

5. SUBMITTING MATERIALS AND FEEDBACK
You understand that whether or not such Materials are published on the Site, AMP does not guarantee any confidentiality with respect to any submissions. AMP does not want to receive confidential or proprietary information from you through the Sites or by email. In the absence of an express written agreement between you and an authorized AMP employee, any Materials, information or idea you transmit to AMP by any means may be disseminated or used by AMP or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Unless you enter into a separate written agreement with AMP, AMP does not claim ownership in Materials you submit, however, by submitting Materials in any form to AMP, in addition to other provisions of the Terms, you automatically grant AMP and to users of the Sites a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials in any media, including, but not limited to, a website operated by, and in any related marketing materials produced by, AMP and its affiliates. The foregoing license granted by you terminates once you, or AMP, remove or delete a Material from the Site. You obtain no rights in any form, media, or technology incorporating the Materials.

6. INDEMNITY
You agree to indemnify and hold AMP, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.

7. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND AMP, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. AMP HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORN BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, AMP DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

8. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES, VISITING CHAT ROOMS OR READING MATERIAL POSTED TO THE SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT AMP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER AMP NOR ANY OF AMP 'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF AMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY AMP OR ANY OF AMP'S AFFILIATES OR AGENTS SHALL BE, AT AMP'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON AMP; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO AMP. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of AMP, AMP's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password and/or phone number even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold AMP (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

12. INTERNATIONAL USAGE
This Site is controlled and operated by AMP from its offices within Missouri, United States of America. AMP makes no representation that the Site, Applications, or related information offered by AMP are appropriate or available in other locations. Those who choose to access the Site 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.

13. OWNERSHIP
The Site and related information are the exclusive property of AMP or its suppliers. All rights not licensed herein are hereby reserved to AMP or its suppliers.

14. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, AMP may terminate or cancel your access rights to the Site immediately without notice. AMP may also block your use of the Site or direct you to cease using it. AMP reserves the right at any time to modify or discontinue the Site or any part thereof and you agree that AMP shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

15. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Jackson County, Missouri. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Jackson, Missouri, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Missouri law.

16. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by AMP and the consents provided by you, constitute the entire agreement between you and AMP. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. AMP's failure to act with respect to a breach by you or others does not waive AMP's right to act with respect to subsequent or similar breaches.

17. AMENDMENTS
You agree that AMP may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from AMP to you as published through the Site or by e-mail. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by AMP and by you.

18. NOTICES
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to AMP by postal mail to: AMP, LLC, 4520 Main Street, Suite 700, Kansas City, MO 64111, or as to a successor address that AMP makes available on the Site or through other reasonable manner. If applicable law requires that AMP accepts e-mail notices (but not otherwise), then you may send AMP e-mail notice using at marketing@amuniversal.com . With respect to AMP 's notices to you, AMP may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, AMP may give notice by sending e-mail to the e-mail address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

Contact Information Disclosure. AMP's name and street address is AMP, LLC, 4520 Main Street, Suite 700, Kansas City, MO 64111.

Last Updated on 10-11-2005