Terms of Use

Effective Date: October 20, 2021

INTRODUCTION 

Welcome to www.tonyfadell.com (the “Site”). This Site is owned and operated by Not Shakespeare LLC and its affiliates (collectively, “Not Shakespeare”).

Please read these Terms of Use and our Privacy Policy, which governs our data collection and use of personal information, and is incorporated into and is a part of this Terms of Use by this reference, before using our Site. By using our Site, you accept and agree to be bound by the terms and conditions set forth herein, which govern your use of the Site and our privacy practices.

ELECTRONIC COMMUNICATIONS

When you use the Site, you may be communicating with us electronically.

You consent to receive communications from us electronically, such as emails, newsletters, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. 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.

INTELLECTUAL PROPERTY OF NOT SHAKESPEARE

All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Not Shakespeare or its content suppliers and protected by United States and international copyright and other applicable intellectual property laws. The compilation of all content included in or made available through the Site is the exclusive property of Not Shakespeare and protected by U.S. and international copyright and other applicable intellectual property laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Not Shakespeare. Not Shakespeare’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Not Shakespeare. All other trademarks not owned by Not Shakespeare that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Not Shakespeare.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site. This license does not include any resale or commercial use of any content, service, or product available on the Site; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Not Shakespeare or its licensors, subcontractors, or other content providers. The Site, or any part of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Not Shakespeare.

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 Not Shakespeare without express prior written consent. You may not use any meta tags or any other “hidden text” utilizing Not Shakespeare’s name or trademarks without the express prior written consent of Not Shakespeare. You may not misuse the Site. You may use the Site only as permitted by law.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us, Tony Fadell, the Site, and/or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express prior written consent.

ADULT CONTENT

This Site is not directed to children and we will not knowingly collect personally identifiable information from children under 13. Please refer to our Privacy Policy for more information. 

LINKS TO OTHER WEBSITES

In our sole discretion we may provide links to third-party content and websites, including but not limited to links for the convenience of purchasing books. When you click on a link, you could be directed to a site beyond our control and may have different terms of use and privacy policy notices which you should review carefully. You acknowledge that we are not responsible for any content or services of any such third party, their policies, the content of their sites, their information collection practices, or their advertisements or endorsements. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site.

INTELLECTUAL PROPERTY COMPLAINTS

Not Shakespeare respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

A physical or electronic 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 Site;
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; and
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.

Not Shakespeare’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: legal@notshakespeare.com or by mail to the following address:

Not Shakespeare LLC

c/o Lyons & Salky Law, LLP

1216 Broadway, Suite 414

New York, New York 10001

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by Not Shakespeare on an “as is” and “as available” basis, unless otherwise specified in writing. Not Shakespeare makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content, materials, products, or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.

To the full extent permissible by law, Not Shakespeare disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Not Shakespeare does not warrant that the Site, information, content, materials, products, or services included on or otherwise made available to you through the Site or electronic communications sent from Not Shakespeare are free of viruses or other harmful components.

To the full extent permissible by law, Not Shakespeare will not be liable for any damages of any kind arising from the use of the Site, or from any information, content, materials, products, or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

INDEMNITY

You shall indemnify and hold Not Shakespeare and our owners, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of any content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

APPLICABLE LAW AND DISPUTES

You agree that any controversy or claim arising out of or relating to this Terms of Use shall be submitted to final and binding arbitration to be held in New York City, New York, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association and its Expedited Procedures (except where those rules conflict with this provision, in which case this provision controls). The arbitrator shall be a practicing attorney with at least ten (10) years’ experience in the publishing industry and shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected by the American Arbitration Association. The proceedings relating to the arbitration, the submissions, pleadings, documents and information provided by the parties in connection with such arbitration, and the findings and decision of the arbitrator, shall be kept confidential, except to the extent necessary to enforce the arbitrator’s decision, and shall be governed by New York law, except that the Federal Arbitration Act shall apply in regard to interpretation and enforcement of this arbitration.  Any court with jurisdiction may enforce this clause and enter judgment on any award.

NOTICES AND REVISIONS

As our business changes and evolves, our Terms of Use may change. You acknowledge that any such changes are at the sole discretion of Not Shakespeare. You should check this Site frequently to see recent changes and updates. Your continued use of this Site after such changes constitutes your acknowledgement and agreement to such changes.

MISCELLANEOUS

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use and Privacy Policy is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.

CONTACTING US

If you have any questions or suggestions with respect to this Terms of Use, please email us at: info@notshakespeare.com. While Not Shakespeare will attempt to answer every customer service message it receives, we cannot guarantee a response. 


 

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