Welcome to the bookcircus.com website (the "Website"). bookcircus.com, LLC ("bookcircus.com") and its affiliates provide their services to you subject to the terms and conditions specified in these Conditions of Use ("Conditions of Use") as well as in other policies and guidelines posted on the Website. Please read these Conditions of Use carefully. By visiting any portion of the Website, shopping on the Website, or purchasing from bookcircus.com, you agree to the Conditions of Use specified herein. In addition, when you use any current or future bookcircus.com service or visit or purchase from any business affiliated with bookcircus.com, whether or not such business is accessible on or through the Website, you will be subject to the guidelines and conditions applicable to such service or business, as well as to these Conditions of Use.

1. Privacy

Your privacy concerns are important to us. Please review our Privacy Policy, which also governs your visit to and use of the Website and explains how we handle your private information.

2. Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Content

You acknowledge that all content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the "Content"), is the property of bookcircus.com or its content suppliers and is protected by United States and international 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. The compilation of all Content on this Website is the exclusive property of bookcircus.com and is protected by U.S. and international copyright, trademarks, trade secrets, or other proprietary rights.

4. Trademarks

BOOKCIRCUS.COM, BOOKCIRCUS, and other marks indicated on the Website are trademarks of bookcircus.com or its affiliates. bookcircus.com graphics, logos, page headers, button icons, scripts, and service names are all trademarks or trade dress of bookcircus.com LLC or its affiliates (the "Trademarks and Trade Dress"). The Trademarks and Trade Dress may not be used by you in any way, including, but not limited to, use (i) in connection with any product or service that is not provided by bookcircus.com, (ii) in any manner that is likely to cause confusion among customers or (iii) in any manner that disparages or discredits bookcircus.com or its affiliates. All other trademarks not owned by bookcircus.com or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by bookcircus.com or its affiliates.

5. License And Website Access

bookcircus.com grants you a limited, nonexclusive, revocable license to access and make personal use of the Website and to make copies of select portions of the Content, provided that such copies are made only for your personal use and that you maintain all notices contained in the content, such as all copyright notices, trademark legends or other proprietary rights notices.
This license does not include the right to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of bookcircus.com. This license does not include any resale or commercial use of the Website or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of bookcircus.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of bookcircus.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing bookcircus.com's name or trademarks without the express written consent of bookcircus.com.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of bookcircus.com so long as the link does not portray bookcircus.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any bookcircus.com logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree not to interfere with or attempt to interfere with the proper working of the Website and not to bypass any measures used by bookcircus.com to prevent or restrict access to any portion of the Website. Any unauthorized use terminates the permission or license granted by bookcircus.com.

6.Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for keeping the email address associated with that account current, and you agree to accept responsibility for all activities that occur under your account or password. bookcircus.com does sell products for children, but it sells them to adults, who can purchase such products with a credit card. bookcircus.com does not intend for the Website to be used by individuals under the age of 18 without the supervision of a parent or guardian, and if you are under 18, you must obtain assistance from your parent or guardian when using the Website. bookcircus.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content or information when you correspond with bookcircus.com.

7.Links

The Website may provide links to other websites that are not operated by bookcircus.com. If you visit one of these linked websites you should review its policies. bookcircus.com does not review and is not responsible for the policies and practices of other companies and their websites.

8. Copyright Complaints

bookcircus.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Reporting Copyright Infringement Claims.

9. Risk Of Loss

All items purchased from bookcircus.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. Please see our About Shipping page for further information about our shipping policies.

10. Product Descriptions

bookcircus.com and its affiliates attempt to be as accurate as possible. However, bookcircus.com does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by bookcircus.com itself is not as described, your sole remedy is to return it in unused condition.

11. Pricing

Except where noted otherwise, the List Price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by bookcircus.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

12. Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED BY BOOKCIRCUS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOOKCIRCUS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOKCIRCUS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOKCIRCUS.COM DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BOOKCIRCUS.COM ARE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOOKCIRCUS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL ANY BOOKCIRCUS.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BOOKCIRCUS.COM'S RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. Indemnity

You agree to indemnify and hold bookcircus.com harmless form any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Conditions of Use or your violation of any law or any third party's rights.

14. Applicable Law

By visiting the Website, you agree that the laws of the State of Arkansas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and bookcircus.com or its affiliates.

15. Disputes

Any dispute relating in any way to your visit to the Website or to products you purchase through bookcircus.com shall be submitted to confidential arbitration in Fayetteville, Arkansas, except that, to the extent you have in any manner violated or threatened to violate bookcircus.com's or its affiliates' intellectual property rights, bookcircus.com may seek injunctive or other appropriate relief in any state or federal court in the state of Arkansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

16. Site Policies, Modification, And Severability

Please review our other policies, such as our Returns Policy, Shipping Policy and Privacy Policy, posted on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to the Website, our policies, and these Conditions of Use at any time by posting the same in the Website. Your use of the Website for any purpose after the posting of such changes, constitutes your acknowledgement and acceptance of such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.

17. Our Address

bookcircus.com, LLC
P.O. Box 1487
Fayetteville, AR 72702-1487
http://www.bookcircus.com
customerservice@bookcircus.com

NOTICE AND PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT CLAIMS

If you believe that any content on the Website has been copied from your work in a way that constitutes copyright infringement, please provide bookcircus.com’s copyright agent the information specified below, in writing. Please note that this procedure is exclusively for notifying bookcircus.com and its affiliates that your copyrighted material has been infringed, and does not serve to assert or preserve the rights you may have in other forums.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


bookcircus.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
bookcircus.com Legal Department
P.O. Box 1487
Fayetteville, AR 72702-1487
Phone: (479) 684-3300
Fax: (479) 684-3403
copyrightclaims@bookcircus.com