Effective date: January 1, 2014
We’re excited to have you with us at Verbivoracious Press, and we’re pleased to make our Services available to you.
In order to use the Services, you must be 13 years of age or older. If you are under age 13, you may not use the Services under any circumstances or for any reason. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. If you don’t agree with these terms, please do not use the Services.
Acceptance of Terms of Service
By registering for and/or using the Services in any manner — including but not limited to visiting or browsing the Site — you agree to these Terms of Service and all other operating rules, policies, and procedures published on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. When we make changes that we consider significant, we will post a notice on the Services.
From time to time part of the Services may be subject to additional terms and conditions specified by us. When we make changes that we consider significant, we will post a notice on the Services. By continuing to use such Services after these changes are made, you are expressing your acceptance of these additional terms and conditions, which are incorporated into these Terms of Service by this reference.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. Please respect Verbivoracious Press and the other users of the Services. Some examples of what this means: it is not permitted to (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post log in information for your Account. You shall have the ability to cancel your subscription, either directly or through a request made to one of our employees or affiliates; provided we may retain copies of information and Content associated with your account.
By registering for, or otherwise connecting to the Services with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
Notices and restrictions
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service (including payment of all applicable fees and charges), we grant each registered user of the Services a worldwide, non-exclusive, non-sublicensable, revocable,and non-transferable license to access and use the Services in the manner set forth herein, and to access e-book Content we make available via the Services solely for such user’s personal, non-commercial purposes during an applicable subscription, and subject to any further usage restrictions we may indicate on the Services with respect to such Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
We may, as part of the Services, allow you to store cached content on up to six (6) smartphone, mobile handset or other relevant compatible internet-connected device (collectively “Devices”). You shall not transfer copies of cached content to any other Device by any means. You shall not provide your password to any other person or use any other person’s user name and password. You grant us the right to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Services, if so required.
Verbivoracious Press takes intellectual property rights seriously and expects you to follow suit. This means, for example, that copying, reproducing, or making available to the public any part of the Services or Content is forbidden unless you have received express written permission from the underlying rights holder. You will not use the Services or Content to reverse-engineer, disassemble, decompile, modify or create derivative works based on the Services or Content or any part thereof. You will not circumvent any technology used by Verbivoracious Press, its licensors, or any third party to protect Content accessible through the Services. You will not rent or lease your Account (nor any of the Content thereof). Lastly, and this should go without saying: it is not permitted to remove or alter any copyright, trademark, or other intellectual property notices contained or provided through the Services.
Availability of content
The Services include an online subscription service that provides members with access to e-books on internet-connected Devices. We reserve the right to alter the titles available without notice. We do not guarantee that any Content (including any e-books) will be made available (or continue to be available) on the Site or through the Services. For example, the availability of Content may vary from Device to Device, and may be affected by a number of factors. These factors include (but are not limited to) your location, the bandwidth available through and/or speed of your Internet connection. We cannot guarantee that the same Content will be available in all countries. You acknowledge that certain e-books will only be available in select territories over which we have no control because of sovereign imposition of technological barriers. Please be aware that you are solely responsible for all Internet access charges. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Rules of Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Service Account and Content), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Use of an account, content, and services
We make available access the hosted aspects of the Services via compatible internet-connected devices. To access you must have a device that is compatible with standard internet access technology eg browsers. We do not warrant that our website and Content is compatible with your device. We grant to you a non-exclusive, non-transferable, revocable license to access Content we provide for one (1) Service account on up to six (6) internet-connected devices owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Service Account and Content, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sub-license, distribute or otherwise transfer access to any third party or use the Sevice account and access to provide time sharing or similar services for any third party; (iii) make any copies of the Content or your Service Account; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service Account, features that prevent or restrict use or copying of any content accessible through the Account, or features that enforce limitations on use of the Account; or (v) delete the copyright and other proprietary rights notices on the Service Account and Content. You acknowledge that we may from time to time issue upgraded versions of the Service Account and Content, and may automatically electronically upgrade the version of the Service Account and Content that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Service Account and Content is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Service Account and Content or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Service Account and Content (and any copy of the Service Account and Content). You agree to comply with all United Kingdom and foreign laws related to use of the Service. Standard carrier data charges may apply to your use of the Service. You may use the Service Account and Content only through a supported mobile device. You may access the Content only through the Service Account on a supported mobile device. You agree not to break DRM (Digital Rights Management) on DRM-protected Content, or attempt to access the Content outside of the Services (i.e., you are not permitted to download books from the Service Account and open these in a different Service Account or on any device that does not support the Service Account and Content). Any attempt to access or transfer Content iprovided via the Service will result in the termination of your account.
Any unauthorised attempt to use the Services to access, download, page through, or read books systematically or programmatically is not permitted. Any unauthorised attempt to systematically or programmatically access, download, page through, or read digital books or other paid-for Content from Verbivoracious Press will result in the termination of your account. If we suspect an unauthorised attempt to systematically or programmatically access, download, page through, or read digital books or paid-for Content from Verbivoracious Press, or if your behavior replicates, mimics, or resembles that of a program or automated task bot, we reserve the right to suspend your account without prior notice to you.
Additional terms related to Apple products
The following also applies to any Service and Content acquired from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with Apple’s App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms of Service and any law applicable to us as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms of Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Third party services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
You may choose to connect your Account to Facebook and/or Twitter. Connecting to Facebook and/or Twitter is not necessary to use and enjoy the Services, but if you do decide to connect you will be able to take advantage of a number of social features. At the crux of social media is the sharing of information with others, and our interactive and social features reflect that. Please pay careful attention to the Privacy Settings in both your Account, Facebook and Twitter to ensure that you have control over what information you are sharing and whom it is shared with. (These are two different Privacy Settings, so please adjust them accordingly; your choices in Facebook and/or Twitter do not necessarily transfer automatically over to your Account.)
In addition, if you choose to use our Services to find friends, you agree that we may access the address book on your device for purposes of helping you identify and communicate with friends and contacts you may wish to associate with your user account.
Please note that only one Facebook and/or Twitter account can be connected to each Account.
Payments and Billing
Please refer to our Payment Terms for the payment terms, conditions and policies applicable to the Services. By subscribing for, ordering and/or purchasing any subscription or other paid services, you agree to be bound by and accept the Payment Terms. The Payment Terms are subject to change without prior notice at any time, at Verbivoracious Press’ sole discretion. You should review the Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by Verbivoracious Press. Verbivoracious Press’s subscriptions and other paid services are made available through the Services, and are accordingly also subject to these Terms of Service. The Payment Terms are incorporated into these Terms of Service by this reference.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
which users gain access to the Services;
what Content you access via the Services; or
how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES, OUR CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THIRD PARTY CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (12) month period or (B) GBP19.99.
Governing law and jurisdiction
These Terms of Service, and your relationship with us hereunder, shall be governed by and construed in accordance with the laws of the United Kingdom, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the United Kingdom, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Terms of Service.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Entire agreement and severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Term and termination
We shall have the right to terminate this Terms of Service including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Terms of Service. You may terminate this Terms of Service at any time by deactivating your user account on the Services and discontinuing use of any and all parts of the Services. Upon termination of this Terms of Service for any reason, you shall immediately cease using the Services. All provisions of these Terms of Service and the Payment Terms which by their nature should survive termination shall survive any such termination, including, without limitation, your licenses of User Content, ownership provisions, warranty disclaimers, indemnity obligations, your payment obligations under the Payment Terms, limitations of liability, and provisions related to choice of law.