Terms of Use

  1. Binding Agreement:

    By subscribing to LexDex, you are entering into these terms of use (“TOU”). These TOU constitute a legally binding agreement between you (“you” or a “Subscriber”) and Celestial Press LLC, (“LexDex,” “we” or “us”), the company that owns and operates the LexDex Service (the “LexDex Service”) and the LexDex Web Site (the “Web Site”). These TOU will remain in full force and effect as long as you are a Subscriber. We may modify these TOU without notice to you, so you should check the TOU periodically.

  2. Eligibility:

    You must be fourteen (14) or over to register as a Subscriber. You represent and warrant that you have the legal right, authority, and capacity to enter into and abide by these TOU.

  3. Ownership of LexDex Content:

    Celestial owns all proprietary rights in the LexDex Service, including all trademark rights in LexDex name and logo (the “LexDex Trademarks”), all patent rights in the LexDex Service, and all copyright in all content that appears on the Web Site other than textbook content that appears on the Web Site (the “LexDex Content”). Our publisher licensors own, and have licensed to us, the copyright in the textbooks that we make available to you when you subscribe (the “Textbooks”), their contents (“Textbook Content”) and any associated trademarks (“Publisher Trademarks”). All LexDex Content and all Textbook Content is protected by copyright and other laws, and all LexDex Trademarks and Publisher Trademarks are protected by trademark and other laws, in the United States and other countries Elements of the Web Site also may be protected by trade dress, trade secret, unfair competition, and other laws and you may not copy or imitate it in whole or in part.

  4. Permitted Use of Textbook Content:

    Your subscription gives you access to certain Textbooks whose contents you may access through the Web Site. From that Textbook Content, you may create online flashcards, word lists and study guides in Word or PDF format, mobile Java™ games, or any other products that the LexDex Service enables you to create (“LexDex Study Materials”). You may download your LexDex Study Materials to your computer or cell phone and print out hard copies for your personal study use. That is all you may do. You may NOT distribute copies of your LexDex Study Materials of any Textbook Content to anyone else. That means you may not e-mail copies to anyone, you may not post any LexDex Study Materials or any Textbook Content online (even if you retype it from scratch), and you may not give or sell hard copies of any LexDex Study Materials or any Textbook Content to anyone else, even for free. You also may not modify or adapt (e.g., translate or condense) any LexDex Study Materials or any Textbook Content. Except as expressly provided in these TOU, you have no express or implied rights in or to any LexDex Content, any Textbook Content, or any LexDex Study Materials (since those themselves are adaptations of Textbook Content).

  5. Posting of Content on the LexDex Service:

    Your subscription also gives you access to LexDex bulletin boards and forums (collectively, “Forums”) where you may discuss the Textbooks and the subjects that they cover and you may post your own content (“Subscriber Content”).

      a.You are solely responsible for the Subscriber Content that you publish or display ("post") in the Forums. That includes your own profile on a Forum (a “Subscriber Profile”)

      b.We have the right but not the obligation to review posted Subscriber Content and remove it or take other action if we determine that it is not appropriate for posting on the LexDex Service. Inappropriate Subscriber Content includes material, or links to material, that:is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Subscribers; and facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.

      c. By posting any Subscriber Content to LexDex, including your Subscriber Profile, you automatically grant, and you represent and warrant that you have the right to grant, to LexDex an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Subscriber Content and to prepare derivative works of such Subscriber Content, or incorporate it into other works, and to grant and authorize other people to do the same.

  6. Copyright Protection Policy:

    If you believe that Subscriber Content that you own has been posted on the LexDex Service without your permission, please provide our Copyright Agent with the following information: 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; a description of where the material that you claim is infringing is located on the LexDex Service; your address, telephone number, and email address; a written 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. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: LexDex, One Irving Place, V12F, New York, New York 10003.

  7. Interaction with Other Subscribers:

      a. You are solely responsible for your communication and interaction with other Subscribers. Use your common sense in communicating with other LexDex Subscribers. Don’t believe everything you read in another Subscriber’s profile or Forum posting. Make whatever investigation you feel is necessary or appropriate before you speak with or arrange to meet with any other Subscriber. Finder. If you do arrange to speak with or meet with another Subscriber, do so in a way that is reasonably calculated to ensure your safety.

      b. If there is a dispute between Subscribers, online or offline, LexDex is under no obligation to become involved, and you hereby release LexDex, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the LexDex Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  8. Indemnity:

    You will indemnify LexDex and hold LexDex, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the LexDex Service, including, without limitation, any claim arising from your breach of this Agreement and/or any breach of your representations and warranties set forth above.

  9. DISCLAIMER OF WARRANTIES:

    THE LEXDEX SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. LEXDEX EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW.

    AMONG OTHER THINGS, THIS MEANS THAT LEXDEX DOES NOT PROMISE THAT ANY PARTICULAR TEXTBOOKS OR FORUMS WILL BE AVAILABLE AT ANY PARTICULAR TIMES OR AT ALL; THAT YOU WILL BE ABLE TO CREATE LEXDEX STUDY MATERIALS THAT ARE USEFUL TO YOU; THAT USE OF ANY LEXDEX STUDY MATERIALS WILL IMPROVE YOUR PERFORMANCE IN YOUR STUDIES OR YOUR PROFICIENCY IN ANY SUBJECT; OR THAT ANY OTHER SUBSCRIBER WITH WHOM YOU MAY COMMUNICATE IS COMMUNICATING ACCURATE INFORMATION.

    TO THE FULLEST EXTENT PERMITTED BY LAW, LEXDEX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LEXDEX SERVICE OR ANY ASPECT THEREOF AND ANY WARRANTIES WITH RESPECT TO VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LEXDEX SERVICE.

    Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  10. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL LEXDEX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LEXDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LEXDEX SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LEXDEX SERVICE OR THE LEXDEX SERVICE; INABILITY TO USE THE LEXDEX SERVICE OR THE LEXDEX SERVICE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LEXDEX SERVICE OR THE LEXDEX SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LEXDEX SERVICE OR THE LEXDEX SERVICE OR ANY LINKS ON THE LEXDEX SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

  11. Copyright 2007 Celestial Press LLC