Simonandschuster.co.uk (the "Website")
is provided on behalf of Simon & Schuster (UK) Limited of Mitre House, 160
Aldersgate Street, London EC1A 4DD] ("Simon &
Schuster", "S&S", "we", "our or "us"). Simon & Schuster Digital, a division of
Simon & Schuster, Inc. of 1230 Avenue of the
We can be reached by email at: email@example.com
Simon & Schuster is registered with the Information Commissioner with registration number Z8992291. VAT number is 490 5885 08
These TOU do not apply to any other website or any offline activities of S&S (unless specifically stated).
S&S reserves the right, in its sole discretion, to modify or otherwise update these TOU by posting revised and/or updated TOU to the Website at any time. If you continue to use the Website following such posting you will be agreeing to be bound by such modifications or updates. We recommend therefore that you review these TOU on a regular basis.
which governs our collection and use of information about you, and states that
we may collect your information in the
In some instances, both these TOU and separate terms of service or guidelines documents setting out additional conditions may apply to a service, product or feature offered via the Website ("Additional Terms"). For example any competition featured on the Website is likely to be subject to Additional Terms. The Additional Terms will be clearly referenced next to the relevant service, product or feature. To the extent there is a conflict between these TOU and any Additional Terms, the Additional Terms will take precedence unless the Additional Terms expressly state otherwise.
The Website is provided by S&S located in
The Website is intended solely for users aged 16 years or over. Any registration, use or access of the Website by anyone under 16 years of age without their parent or guardian's prior consent is unauthorised, By using the Website, you warrant that you are 16 years of age or older (or have the consent of your parent or guardian to use the Website).
Whilst we try to ensure the Website is normally available 24 hours a day, we will not be liable to you if for any reason the Website is unavailable at any time or for any period. For example, access may be suspended without notice in the case of carrying out updates or maintenance to the Website or in circumstances beyond our control. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any part of the Website and/or service we provide on our Website without notice (on a temporary or permanent basis). You agree that S&S will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Website and you will be responsible for all charges related thereto. You assume responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
Unless otherwise expressly stated, this Website and all materials that are included in or are otherwise a part of the Website (including past , present and future versions), including, without limitation, graphics, layout, text, instructions, images, audio recordings, videos, designs, trade marks, logos, domain names, trade names, service marks, any and all copyrightable material (including source and object code), the "look and feel" of the Website, the compilation, assembly and arrangement of the materials of the Website, any Author Material and all other materials related to the Website (collectively, the "Materials") are owned, controlled or licensed by S&S, its subsidiaries or affiliates and are protected from unauthorised use, copying and dissemination by copyright, trade mark, patent and other laws, rules, regulations and international treaties.
Except as is expressly provided in these TOU, the Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of S&S. Note that in respect of some Material additional copyright notices, information, or restrictions may be contained in the relevant part of the Website and you agree to accept and abide by these. Please note the restrictions on use of Author Material set out in paragraph 3 below.
In order to enhance the Website and your enjoyment and experience of it we have asked our authors to post Material to the Website. The following will be known as "Author Material":
all Material featured in the following sections of the Website:
all Material which it is clear has originated from our authors; and
all Material which is otherwise clearly indicated to be Material posted by our authors.
Your use of Author Material is limited. You are only permitted to view the Author Material on our Website. You are not permitted to otherwise use the Author Material in any way.
Subject to paragraph 3.2 and your compliance with the TOU, S&S grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play and/or print a single copy of the Materials (excluding any Author Material, source and object code) on any single computer for your personal, non-commercial use only, provided that
you keep intact all trade mark, copyright and other proprietary notices contained in the Materials or any copy you make of the Materials;
you do not use the Materials in a manner that suggests an association with any of our products, services or brands;
you make no modifications to the Materials (including that you must not use any pictures, photographs, video or audio material separately from any accompanying text);
you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.
You agree that you will not:
use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage);
modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these TOU or S&S in writing.
The use of any Materials on any other website or networked computer environment without S&S's express written consent is prohibited.
You must obtain the prior written consent of S&S for any use of the Website and/or Materials not permitted by these TOU including any commercial use of the Materials. Please contact firstname.lastname@example.org in order to seek consent with details of proposed uses.
Any items that we make available for download or use from the Website and/or our servers (the "Downloadable Items") are the copyrighted work of S&S or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. Except as expressly permitted on the Website copying or reproduction of the downloadable items to any other server or location for further reproduction or redistribution is expressly prohibited. Note that if you install certain applications that may be available via the Website, you consent to the download of software to your computer and accept these TOU and any Additional Terms related to such application.
S&S does not accept unsolicited manuscripts sent to it through the Website or any S&S email address contained on the Website, and takes no responsibility for any manuscript so transmitted. While we look forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstanding if your ideas are similar to those we have developed or are developing independently.
The Website may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content") to S&S or the Website (such as on message boards or reader reviews). Whilst we use reasonable endeavours to maintain the security of the Website, you acknowledge that the Internet may be subject to breaches of security and you should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to S&S. You may need to register in order to submit User Content. By registering with the Website you will automatically create a profile that can be seen by other visitors to the Website. Please think carefully about the information you wish to submit. Your email address will not be made public.
The use of any of our interactive services (i.e. message boards or reader reviews) by a minor (i.e. a person aged 16 years or under) is subject to the consent of their parent or guardian. We advise parents who permit their children to use our interactive service(s) that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them. Please do not submit User Content unless you are 16 years of age or older or if you have received consent from your parent or guardian to submit User Content to the Website.
Whenever you make use of a feature that allows you to upload User Content to our Website or to make contact with other users, you must comply with our acceptable use policy set out at paragraph 6 below.
By posting User Content (i.e. message, reviews, uploading files or otherwise communicating with S&S or other users on or via the Website) you are granting to S&S the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula 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. You further agree that S&S is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Website or S&S, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services without remuneration of any kind. You further perpetually and irrevocably grant S&S the unconditional right to use and exploit any name, persona and likeness included in any User Content in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit (and agree that you have obtained waivers of all applicable moral rights).
You agree and acknowledge that S&S does not pre-screen User Content but has the right (though not the obligation) to review, monitor, moderate, display, accept or exploit User Content and S&S may, in its sole discretion, delete, move, re-format, edit, alter, remove or refuse to exploit User Content without notice or liability including if in our opinion the User Content does not comply with the acceptable use policy at paragraph 6. We do not guarantee that User Content posted on the Website will be maintained on the Website by us for any period of time. You agree and understand that S&S is not obliged to use User Content and that you will not receive any payment or other consideration for your User Content or for any exploitation of it.
It is important that you have the relevant rights in User Content submitted to the Website. You agree that you either: (i) own the rights to the User Content you submit and have the right to grant all of the rights and licenses set out in these TOU; or (ii) have all necessary rights and licenses from the owner(s) of these rights to enter into these TOU and grant S&S these licenses. Upon S&S's reasonable request, you will provide S&S with any documentation, substantiation or releases necessary to verify your compliance with these TOU.
You agree that we will have the right to disclose your identity to any third party (including relevant law enforcement authorities/agencies) who is claiming that any User Content posted or uploaded by you constitutes a violation of their rights (including intellectual property rights).
You agree that you are responsible for the security of your password and shall not share or disclose it to any other person. You are responsible for all actions that take place using your user name and/or password.
If you are between the ages of 12 - 15 you must seek parental consent prior to providing any information to the website. If you are under 12 years of age you are not permitted to provide any information to the website.
You are only allowed to use our Website for lawful purposes. You must not use it:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.
You must not attack our Website via a denial-of-service attack or a distributed denial-of- service attack.
You agree not to access without authority, interfere with, damage or disrupt:
any part of our Website;
any equipment or network on which our Website is stored;
any software used in the provision of our Website; or
any equipment or network or software owned or used by any third party connected or used in relation to our Website.
By breaching paragraph 6.1.6, 6.2 and/or 6.3, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
As a user of the Website, you agree that the rules set out in this paragraph 6.5 are here to help you understand the conduct that is expected of users who upload User Content. Your participation in the interactive features of the Website is subject to these TOU, including these rules. Please follow these rules as you upload any User Content, comment, reply, and create discussions with other users of the Website. These rules are intended to set guidelines and you should comply with the spirit of these rules as well as the letter.
Content must be yours. All User Content must be original to you, not copied from someone else's work, and you must have all rights in the User Content or all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content must have given you permission to upload and distribute the User Content on the Website and elsewhere.
No pictures or images of anyone but you and your friends and family. If you are permitted to upload photos to the Website, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to submit it.
Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. It is important that you do not infringe other people's intellectual property rights.
Do we hear music? Your User Content must not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). This applies to jingles and sampling also.
Keep it relevant. Your User Content should relate to the content on the Website, including without limitation S&S's books or authors and should be intended to add to the discussion and community on the Website — it should not include irrelevant topics or postings.
Please follow codes of social decency. Be respectful of other people's opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it does not belong within our community on the Website. Cursing, flaming, harassing, stalking, posting insulting or threatening comments, personal attacks, gossip or similar actions are prohibited. Your User Content must not threaten, abuse or harm others. Your User Content must not include any negative comments that are connected to race, religion, national origin, age, gender, sexual preference or disability/physical handicap or that are defamatory, slanderous, indecent, obscene, hateful, inflammatory, offensive, pornographic or sexually explicit or otherwise objectionable or damaging to another's use or enjoyment of the Website.
Carefully chose your user name. Your user name may be used to identify you on the Website. Think carefully about what you want it to be. Vulgar or offensive names will constitute a breach of this paragraph 6.5.
Do not use our community on the Website for commercial purposes. Your User Content must not advertise or promote a product or service. You must not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
Do not upload User Content that is inappropriate, illegal or unlawful. Your User Content must not promote or encourage or contain instructions relating to any unlawful or illegal activity. For example, if someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to law enforcement/governmental authorities.
No violence. Your User Content must not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your User Content. When you register with the Website you agree to provide true, accurate and complete information about yourself and maintain and promptly update your registration so it remains true and accurate. All User Content must be accurate where it states facts and, where it states opinions, these should be genuinely held. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or association with a person or company. Do not give the impression that User Content originates from us when it does not.
Others are watching. We hope that you will use the Website to exchange information and content and have discussions with other users. However, please remember that the community is a public forum and User Content that you post on the community will be accessible by other users. We recommend you do not post personal information (e.g. full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Be aware of other people's privacy and don't share other people's personal information. No User Content should invade another person's privacy, be threatening, cause annoyance, inconvenience or needless anxiety. Your User Content should not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. You are not permitted to use the Website to collect or store personal information about other users.
Don't damage the Website or anyone's computers. Content must not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Website or any computer system or that negatively affects other people's ability to use the Website.
We are keen to keep the Website free from harmful or illegal material or material that is in breach of these TOU. If you become aware of misuse of the Website or any User Content that you consider to be in breach of these TOU or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact S&S, using the contact information below. You will also need to provide the following information:
your contact information;
details of the copyright work claimed to have been infringed, or, if multiple copyright works are covered, a list of such works or details of the Material that is claimed to be in breach of the TOU and information of such to permit us to locate the Material;
a statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
a statement that the information you have provided is accurate, and (if relevant) that you are the owner of the right infringed or are authorised to act on behalf of the owner of the right that is allegedly infringed.
In the event you wish to notify us of potential copyright infringement please send this information headed "Notice" to S&S at Tracy.Woelfel@simonandschuster.com. In other reporting instances please contact email@example.com
We are not responsible for the conduct, whether online or offline of any user of the Website. The Website contains User Content submitted by users over whom we have no control. We are not responsible for, or liable for, the conduct of any user. As set out in paragraph 5.7 above, we do not pre-approve or monitor User Content but reserve the right (but not the obligation) to do so. We cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these TOU and post User Content that is misleading, untrue or offensive. You are solely responsible for your interaction with other users of the Website, whether online or offline and you must bear all risk associated with your use of the User Content. We will not be responsible, or liable to you or any third party, for the content or accuracy of any Materials posted by you or any other user of our Website.
We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
The Website may contain or offer competitions or other promotions, which may be governed by a separate set of rules/Additional Terms that describe the competitions or promotion and may have eligibility requirements, such as certain age or geographic restrictions. These Additional Terms will feature on the Website alongside the relevant promotion. It is your responsibility to read these to determine whether or not your participation, registration or entry will be valid and to determine the requirements of you in connection with the applicable competition or promotion.
S&S grants you the revocable permission to link to the Website provided that you do so in a way which is fair and legal and provided that your website:
may only link to the Website home page unless S&S has provided prior written consent to link to other pages;
must not frame or create a browser or border environment around any of the Material on the Website or otherwise mirror any part of the Website;
must not imply that S&S or the Website is associated with, approving, endorsing or sponsoring it or its products or services, unless S&S has given its prior written consent;
must not present false information about, or disparage, tarnish, or otherwise, in S&S's sole opinion, harm S&S or its products or services;
must not use any S&S trademarks without the prior written permission from S&S;
must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in S&S's sole opinion) and must comply with the standards set out in our acceptable use policy at paragraph 6.5; and
must be owned and controlled by you or the person or entity placing the link.
By linking to the Website, you agree that you do, and will continue to, comply with these linking policy.
Notwithstanding anything to the contrary contained in these TOU, S&S reserves the right to prohibit linking to the Website for any reason in our sole and absolute discretion even if the linking complies with the policy set out above.
YOUR ATTENTION IS DRAWN TO PARAGRAPHS 12
To the fullest extent permissible by law, S&S provides the Website including, without limitation, the Materials on an "as is" basis and S&S, its parents, subsidiaries and affiliates including, without limitation, Simon & Schuster Digital which assists with the Website and each of their employees, directors, officers, shareholders, agents, vendors, and contractors (collectively, the "S&S parties") make no guarantees, representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Website; (b) the Materials; (c) User Content; (d) the functions made accessible on or through the Website; (e) any products, services or instructions offered or referenced at the Website; and/or (f) security associated with the transmission of information to S&S or via the Website. The S&S parties hereby disclaim all conditions and warranties, and other terms which might otherwise be expressed or implied by statute, common law or otherwise including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment and freedom from computer virus.
The S&S parties do not represent or warrant that the Website or the functions on it will be accurate, error-free or uninterrupted, that defects will be corrected or that the Website or the server that makes the Website available is free from any harmful components, including, without limitation, viruses. Any download from this Website is at your own risk and we recommend that you install security software on your computer which helps block viruses, bugs and harmful materials. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Material, or interaction with any website linked to it.
The S&S parties do not make any representations or warranties that the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, up to date, reliable or otherwise.
You agree that you will be responsible for evaluating and bearing all risks associated with the use of any User Content (including any reliance on its accuracy or completeness). You understand that by viewing and/or using our interactive services, you may be exposed to content that is offensive, indecent or objectionable. The S&S parties do not endorse the User Content, are not responsible for the User Content and specifically disclaim any responsibility or liability to any person (including, without limitation, persons who may use or rely on such User Content) for any loss, damage, injury, claim, liability or other cause of any kind based upon or resulting from any User Content obtained through the Website.
Under no circumstances will the S&S parties be liable to you for any losses or damages of any kind incurred by you (even if foreseeable) in connection with your use of our Website and/or the Materials or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it, any errors or omissions in the Website's technical operation, any damage to your computer, hardware, computer software or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, error, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction including, without limitation, any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill.
Nothing in these TOU shall affect or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability that cannot be excluded or limited under applicable law.
In the event S&S cannot exclude or limit its liability
to you as set out in these TOU and we are liable to you under these TOU and/or
in relation to your use of the Website and/or the Materials, in no event will
the S&S parties' total liability to you for all damages, losses or causes
or action relating to such exceed fifty
You agree to, on demand, indemnify and hold the S&S parties harmless from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements and expenses (including legal fees) suffered or incurred by the S&S parties that directly or indirectly arise from or are otherwise directly or indirectly related to:
User Content you submit;
your use of the Website or activities in connection with the Website in breach of these TOU;
your violation of any laws, rules, regulations, codes, statutes or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trade mark, trade secret, patent, privacy or other right of any person or is defamatory of any person;
any misrepresentation made by you;
any use of the Website under your user name, display name or password whether authorized by you or otherwise.
You will cooperate with the S&S parties and provide all reasonable assistance in the defence of any claim under paragraph 14.1. Notwithstanding the foregoing, the S&S parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them under this paragraph 14. You will not settle any claim without the prior written consent of a duly authorised employee of the S&S parties.
S&S reserves the right to terminate your access to and use of the Website in its sole discretion, without notice and liability. S&S also reserves the right to investigate suspected breaches of these TOU, including, without limitation, any breach arising from any e-mails you send to the Website or S&S.
Failure to comply with the TOU (including the acceptable use policy at paragraph 6.5) may result in our taking all or any of the following actions:
issue of a warning to you from us;
immediate temporary or permanent removal of User Content uploaded by you to our Website;
immediate temporary or permanent withdrawal of your right to use our Website;
blocking specific email addresses and/or IP addresses from registration and/or accessing the Website;
of your account;
legal proceedings against you for reimbursement of all costs resulting from your breach of these TOU or further legal action against you;
disclosure of such information to law enforcement/government authorities as we reasonably feel is necessary.
The responses described in these TOU are not limited and we may take any other action we reasonably deem appropriate.
Upon termination of your access to the Website, or upon demand from S&S, all rights granted to you under these TOU will cease immediately, and you agree that you will immediately discontinue use of the Website and destroy all Materials obtained from the Website and all related documentation.
These TOU and any dispute or claim arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and you and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these TOU (including non-contractual disputes or claims).
These TOU, and the documents referred to in it, constitute the entire agreement and understanding between us relating to the Website and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such. Nothing in these TOU shall exclude liability for fraud or fraudulent misrepresentation.
A person who is not a party to these TOU has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this paragraph does not affect a right or remedy of a third party which exists or in available apart from that Act.
If for any reason any part of these TOU are deemed unenforceable, then that part of the TOU will be deleted and this will not affect the validity or enforceability of the remaining terms.
Any waiver by us of the breach of the TOU shall not be deemed to be a waiver of any subsequent breach of any provision.