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NOOK User Guide Policies 213
OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Submissions
Unless otherwise explicitly stated, any Materials provided by you in connection with this Service
shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have
no obligation of any kind with respect to such Materials and shall be free to use or disseminate such
Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for
the Materials that you submit, and you, not AT&T, have full responsibility for the Materials, including
their legality, reliability, appropriateness, originality and copyright.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED
“AS IS”, AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS
SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES
NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON AT&T’ BEHALF AND YOU MAY
NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF
AT&T.
Limitation of AT&T Liability
AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF
USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE,
WHETHER FOR BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T’ SOLE
LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF
MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.
Indemnity
You agree to indemnify and hold harmless AT&T and its subsidiaries, aliates, ocers, agents,
co-branders, licensors or other partners and employees from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of: (a) content you submit,
post, transmit or otherwise make available through the Service; (b) your use of the Service; (c)
your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of