If you are accessing or using the Services through Apple, Android, or any other mobile operating system platform, these are Third-Party Services. If a product you purchased or accepted from BNED is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. BNED Offering Bartleby Bundle Through VitalSource. BNED has always been, and continues to be, a company serving all who work to elevate their lives through education. Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. Such UGC submitted by you or others need not be maintained on the Services by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Services or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Services prospectively removed from public display as provided for in the Privacy Policy. h) Small Claims Matters. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms of Use or any applicable Additional Terms. BNED and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that BNED need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). b) Pre-Arbitration Notification. Features and services may include the ability to access the Services’ features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your DMCA Counter-Notification should contain the following information: d) Receipt of DMCA Counter-Notification. You will cooperate as fully required by the BNED Parties in the defense of any Claims and Losses. k) Force Majeure. b) Indemnity. As your right to access and use the Services and the Content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. Either you or BNED, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period. Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the Services: (A) UGC that is not subject to any copyright or other proprietary rights restrictions; or (B) UGC that the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community for any reason. The party making a claim – whether you or BNED – shall send a letter to the other side briefly summarizing the claim and the request for relief. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, the Content, your UGC, these Terms of Use, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, New York. Those Additional Terms will be posted on the Services in connection with the relevant offering. In your communications with BNED, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. You acknowledge that BNED, and not Apple, is responsible for providing the Services and Content as defined in these Terms of Use. Moreover, some aspects of the Services may allow you to place orders for or rent products. The location-based services offered in connection with BNED’s mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. h) Our Affiliates, Suppliers and Licensors. We are entitled to presume that all UGC conforms to the foregoing requirements. http://www.apple.com/legal/itunes/us/terms.html. The BNED Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. If access on the Services to a work that you submitted to BNED is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. If you are using our Interactive Community, and post, publish or communicate any UGC on or through the Interactive Community, please choose carefully the information that you post and/or provide to other users. You are solely responsible for your registration information and for updating and maintaining it. We reserve the right from time to time to modify these Terms of Use in our sole discretion. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof. Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published). In the event that you have these Terms of Use cached on your browser, the Terms of Use that apply to you are the most recent version of the Terms of Use that appear on a non-cached browser. b) For You to Terminate. Our suite of writing solutions provides you with resources to jump-start the writing process, aids in the revision process, assists with citations and helps prevent accidental plagiarism. It offers access to thousands of student-penned essays that can act as thought starters for students struggling to draft their own paper. This may include the ability to register or sign into our Services using third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. BNED may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding BNED Licensed Elements included therein, “User-Generated Content” or “UGC”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control. Supplementing the help provided by colleges and universities, these tools allow students to find the right support at the right time. Chief Executive Officer, BNED Some aspects of the Services may enable you to communicate with other users and post information and other material, including your own UGC, via an interactive community (the “Interactive Community”). By Dian Schaffhauser; 08/26/20; Barnes & Noble Education, which recently announced it was spinning off into a separate company from Barnes & Noble booksellers, has expanded dealings with VitalSource, which distributes digital textbooks.Under the new arrangement BNED will bundle its bartleby learn and write … The email address above is only for reporting copyright infringement and may not be used for any other purpose. As to any provision in these Terms of Use or any applicable Additional Terms that grants BNED a right of consent or approval or permits BNED to exercise a right in its “sole discretion,” BNED may exercise that right in its sole and absolute discretion. You and BNED agree that we intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. Minutes purchased through subscriptions to Bartleby Tutor expire upon any cancellation of the Bartleby Tutor subscription; any unused minutes at the time of such cancellation cannot be refunded or otherwise be credited back to your account. For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that we do not control. Our 24/7 academic solutions allows students to access writing and study tools anytime, anywhere. This Section 9 can only be amended by mutual agreement. In certain cases, in our sole discretion, we may provide you with a written notice (a “Restriction Notice”) to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. As the industry evolves, we remain committed to providing products, services and solutions to support students, faculty and our institutional partners. Any access fees or charges applicable to your internet connectivity are solely your responsibility. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. BNED’s receipt of your Unsolicited Ideas and Materials is not an admission by BNED of their novelty, priority, or originality, and it does not impair BNED ’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant BNED the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT,  OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BNED PARTY  (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BARTLEBY PARTY. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. The Services include the online bookstores operated by BNED on behalf higher education and primary education institutions, as well as other online Services, resources, forums, contests or sweepstakes offered or operated by BNED. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services and Content. f) Reservation of all Rights Not Granted as to Services and Content. Any unused minutes thereafter are nonrefundable and cannot be redeemed for any credit or other value. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. If you are making a claim, the letter shall be sent to: Barnes & Noble Education, 120 Mountain View Blvd., Basking Ridge, NJ 07920, Attn: Legal Department. We may reject the use of any password, username, or email address for any reason in our sole discretion. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. If any changes to these Terms of Use or Additional Terms are not acceptable to you, you must stop your access to and/or use of the Services and, where applicable, uninstall any Services downloads and applications. c) Location-Based Features. a) Wireless Features. Thesis on Melville Bartleby the Scrivener Assignment The double meaning of the relationship between the lawyer narrator and Bartleby must be taken into consideration considering the environment the former describes he lived in for most of his adult life. If you do not wish to be bound by these Terms of Use, and any applicable Additional Terms (defined below), you should not use or access the Services, and, where applicable, you should uninstall any Services downloads and applications. The biggest part of the problem is concerning homework. Where we need to send you notices under these Terms of Use or in connection with your use of the Services, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us.