Terms of Service

TABLE OF CONTENTS

  1. Introduction
  2. Bookview Services
  3. Privacy
  4. Digital Millennium Copyright Act
  5. Bookview License Grant
  6. User Content License Grant - Warranties & Limitations
  7. Prohibited Conduct
  8. Account
  9. Violations & Termination
  10. Ownership & Proprietary Rights
  11. Indemnification
  12. Disclaimers & No Warranties
  13. Limitation of Liability & Damages
  14. Conditions to Download Contents
  15. Charges & Billing
  16. Platform Access
  17. Miscellaneous

1. Introduction

Welcome to the Bookview (owned and operated by Westford LLC, a company registered in the State of Florida USA, hereinafter "Bookview" or "We" or "Us" or "Platform") content management and document sharing platform that allows for the authorized download and sharing of written digital contents.

The following Terms of Service for the Platform is a legal contract between you (hereinafter "You" or "User") and Bookview regarding your use of the Platform.

The following describes how User of the Platform who review or purchase downloadable digital books can download material and how they may review or use that work by the person or entity who posted the work (hereinafter "Author" or "Publisher").

For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably.

The following also describes the rights and responsibilities of the Author and the Platform. Any user of this Platform who downloads, reads or previews any content on the Platform is referred to as an "End User."


PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.

EXCEPT EMANCIPATED MINOR, OR POSSESSED LEGAL PARENTAL OR GUARDIAN CONSENT, THE PLATFORM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM.

BY SUBSCRIBING, YOU AFFIRM THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF SERVICE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF SERVICE.

BY CLICKING "I AGREE" AND/OR REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").

IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE PLATFORM IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.



1. DESCRIPTION OF PLATFORM SERVICES

This Platform is a books hosting service which enables users, after registering and opening an account, to download, store and comment on the electronic books proposed for reading.


The electronic books (hereinafter referred to as "E-books") are digital files containing intellectual works which have to be downloaded to be read:
  • Either on personal user computer
  • Or on external electronic device

Downloading can be free or not, depending on characteristics of E-books contained in the file.

A downloading is free if:
  • The E-book is in the Public Domain in the End User Jurisdiction,
  • The E-book has been written under creative common license,
  • The E-book has been uploaded on the Platform and is freely "self published" by the author.

A downloading is subject to payment if the chosen E-book is still protected by copyright in the End User Jurisdiction.


2. PRIVACY

Privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to our collection, use, and disclosure of your personal information.


3. DIGITAL MILLENIUM COPYRIGHT ACT

3.1. Please note that since we respect authors' and content holders' rights, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA") of 1998.

In addition, we reserve the right to terminate without notice the accounts of Users that We determine are repeat infringers based on a "three-strikes" policy.


3.2. Copyright Infringement Takedown Notification
If You are a copyright owner or an agent thereof, and You believe that any content hosted on the Platform infringes your copyrights, then You may submit a notification pursuant to the DMCA by providing the Platform's Designated Copyright Agent with the following information in writing or via email.
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. Include a direct link (URL) to each and every claim of infringement. We cannot action non-specific claims based on, for instance, keywords, search queries, title or name.

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Please note that under Section 512(f) of the US DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to civil and/or penal liability.



Our designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Compliance Manager
Westford, LLC
westford2016@gmail.com

131 N Normandale Av
Orlando, FL 32835 USA



Copyright infringement takedown notification template


Subject: Copyright infringement notification

Use this template to request removal of copyright infringements.


Simply substitute everything in [brackets] with the necessary information then send the request to westford2016@gmail.com and we will remove the infringing content as soon as possible.

This affidavit must include a direct link (URL) to each and every infringing document that You want us to remove. We cannot action non-specific claims based on keywords, search queries, title, name, or resemblance (physical or otherwise) to another document.


This request only applies to infringing documents up to the date of its submission. It does not cover possible future infringements.



4. LICENSE GRANT


4.1 LICENSE GRANT TO UPLOAD
Subject to Your compliance with the terms and conditions set out in these Terms, we hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Platform for the uploading and distribution of authorized digital content ("User Content" or "Users Contents").

User Content is uploaded at Your own risk.

Notwithstanding anything to the contrary herein, we do not guarantee that there will be no unauthorized copying or distribution of User Content nor will we be liable for any unauthorized copying or usage of the User Content.


4.2 LICENSE GRANT TO DOWNLOAD
Subject to Your compliance with the terms and conditions set out in these Terms, we hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print the Users Contents for personal use subject to any express restrictions contained in the license under which such User Content is distributed.


4.3 RESERVATION OF RIGHTS
We reserves all rights not expressly granted in these Terms.


4.4 PREVENTION OF UNAUTHORIZED USE
We reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.



5. USER CONTENT LICENSE GRANT - REPRESENTATIONS AND WARRANTIES

5.1 RETENTION OF OWNERSHIP
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.


5.2 LICENSE GRANT TO US
Unless otherwise agreed to in a separate written agreement between You and Us that was signed by our authorized representative

a) By distributing or disseminating User Content through the Platform, You hereby grant to Us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by Us. Such license will apply to any form, media, or technology now known or hereafter developed.

b) Subject to the Platform Store Terms, the license granted by You in Section 5.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the Platform. Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by Us with respect to Your User Content prior to Your removal of such User Content from the Platform shall survive any termination or expiration of the license granted in Section 5.2(a) above.


5.3 LICENSE GRANT TO OTHER PLATFORM USERS
Bookview being registered in the USA, the content of the Platform is subject to American laws regarding copyrights and other intellectual property rights.

By distributing or disseminating User Content through the Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use, no more widely than your family circle and legitimate need of private use, in the manner contemplated by these Terms and Us. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Platform survive any termination or expiration of the license granted in this section 7.3.

The DRM protection system is protected by American copyright laws. Any attempt to circumvent this system is a violation of American laws. Any use not covered by these Terms of Service shall be considered as an infringement, with civil or penal sanctions under American laws.


5.4 USER CONTENT REPRESENTATIONS AND WARRANTIES
You are solely responsible for Your User Content and the consequences of posting or publishing them.

By uploading and publishing Your User Content, You affirm, represent, and warrant that:

(1) You are the creator and/or owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Us and Platform Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Us and these Terms;

(2) Your User Content does not and will not slander, defame, or libel any other person.

(3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and

(4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Violators of these third-party rights may be subject to criminal and civil liability. We reserves all rights and remedies against any Users who violate these Terms.


5.5. INTELLECTUAL PROPERTY RIGHTS FOR FREE E-BOOK

(a) Creative Work in the public domain

According to American laws, creative works that fall within the public domain are free of copyright restrictions.

The Platform is accessible all around the world. Consequently, each User of the Platform has to verify the adequacy between the protection duration of author's rights in the USA and in his/her particular country.

Please note that a book in the public domain in the USA can be under copyrights in another country.


(b) E-book created under Creative commons

The Author can wish to make his work free. Consequently he divulges his work, but according to strict rules included in a contract of free creative commons license to control the use of it.

A creative commons license is not a transfer of the author rights: the Author keeps all rights on his work, but grants a permission to use his content within a scope of rules defined in the chosen contract.

Common conditions to all Creative Commons contracts:

  • Offer a non exclusive permission to reproduce, distribute and communicate the E-book without paying, included collective original E-books.
  • Conditions of the license have to be clearly presented.
  • Each optional option can left after the author permission.
  • Exceptions of the French copyright are not affected.
  • It is forbidden to use technical measures conflicting with the terms of the contracts.
  • The files share (peer-to-peer) is not considered as a commercial use.


(i) If You are an Author

1. Creative Commons Conditions

choose a set of conditions You wish to apply to your work.




Attribution: by
let others copy, distribute and display Your copyrighted work — and derivative works based upon it — but only if they give credit the way your request.




Share Alike: sa
allow others to distribute derivative works only under a license identical to the license that governs your work.




Non-Commercial: nc
let others copy, distribute and display your work — and derivative works based upon it — but for non-commercial purposes only.




No Derivative Works: nd
let others copy, distribute and display only verbatim copies of your work, not derivative works based upon it.



2. Creative Commons Licenses
The number of free license is indeterminable; each Author can create a free license. We have chosen the most used contracts to facilitate self-publishing for Authors on the Platform and use by readers: 6 contracts proposed by the association Creative Commons which the site address is: http://creativecommons.org/


2.1. Attribution cc by:

http://creativecommons.org/licenses/by/3.0/



This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit You for the original creation.


2.2 Attribution Share Alike : cc by-sa
http://creativecommons.org/licenses/by-sa/3.0/



This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit You and license their new creations under the identical terms.


2.3. Attribution No Derivatives: cc by-nd
http://creativecommons.org/licenses/by-nd/3.0/



This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.


2.4. Attribution Non-Commercial: cc by-nc


http://creativecommons.org/licenses/by-nc/3.0/



This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge You and be non-commercial, they don?t have to license their derivative works on the same terms.


2.5. Attribution Non-Commercial Share Alike : cc by-nc-sa


http://creativecommons.org/licenses/by-nc-sa/3.0/



This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit You and license their new creations under the identical terms.


2.6. Attribution Non-Commercial No Derivatives: cc by-nc-nd :


http://creativecommons.org/licenses/by-nc-nd/3.0/



This license allows others to download your works and share them with others as long as they mention You and link back to you, but they can't change them in any way or use them commercially.


(ii.) If You are a reader

When You download an E-book corresponding to one of the 6 licenses, You have to respect its terms.


(c) Self-published E-books
Some Authors may upload their work on the Platform freely without ask for payment. Consequently:
  • Downloaded Contents shall be used exclusively by the User.
  • These Contents shall not be resold, rent, or transmitted free more widely than his family circle and legitimate need of private use.

For all types of E-books, You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein.



5.6 DISCLAIMER OF LIABILITY
You understand that when using the Platform You will be exposed to User Content from a variety of sources, and that We is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Us with respect thereto. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, We may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.

a) We are not liable for the Internet functional limits, particularly its technical performances and delay's answer to consult, question or transfer data.

User acknowledges that the confidential information communication on the Platform is made at his own risk.

Moreover User has to protect their own data and softwares from eventual computer virus. We will not be liable for damage of any kind pursuant to a virus contamination, as data losses or deterioration of computer material.


b) We are not responsible for any eventual dysfunction happening during the ordered Content downloading, except a dysfunction by our own doing. Then the User will have to prove our liability.


c) The Platform may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Additionally, We cannot censor or edit the content of any third-party site. By using our Platform, User expressly relieves Us from any and all liability arising from your use of any third-party website.


d) These Terms of Service are under American laws. In some countries, duration of copyright is different and local laws could forbid or restraint access to some E-books. The User must verify compliance with local laws. Our liability shall not be committed because of the illicit order, downloading of User Content and their use by User.


e) We are not liable of a contract non-fulfilment in case of "force majeure", that is to say irresistible force or compulsion such as will excuse Us from performing his commitment (for example, general interruption of the telecommunication network).



6. PROHIBITED CONDUCT

BY USING THE PLATFORM YOU AGREE NOT TO:

6.1 use the Platform for any purposes other than to receive original or appropriately licensed content;

6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 11, below);

6.3 post, upload, or distribute any defamatory, libellous, or inaccurate User Content or other content;

6.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another?s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Platform accounts of others without permission, forge another persons? digital signature, misrepresent the source, identity, or content of information transmitted via the Platform, or perform any other similar fraudulent activity;

6.6 delete the copyright or other proprietary rights on the Platform or User Content;

6.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

6.8 use the Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

6.9 defame, harass, abuse, threaten or defraud Users of the Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;

6.10 use the Platform if You are under the age of thirteen (13) years old;

6.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform or User Content, features that prevent or restrict use or copying of any content accessible through the Platform;

6.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

6.13 modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

6.14 intentionally interfere with or damage operation of the Platform or any user?s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

6.15 use any robot, spider, scraper, or other automated means to access the Platform bypass any measures We may implement to prevent or restrict access to the Platform;

6.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Platform;

6.17 interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; or

PLEASE NOTE THAT WE WILL PROMPTLY TERMINATE WITHOUT NOTICE ANY USER'S ACCESS TO THE PLATFORM IF THAT USER IS DETERMINED BY US TO BE A REPEAT INFRINGER. A REPEAT INFRINGER IS A USER WHO HAS BEEN NOTIFIED BY US OF INFRINGING ACTIVITY VIOLATIONS MORE THAN TWICE AND/OR WHO HAS HAD THEIR USER CONTENT OR ANY OTHER USER-SUBMITTED CONTENT REMOVED FROM THE PLATFORM MORE THAN TWICE.


7. ACCOUNT

You are committed to give true and honest information.

When You use the Platform to upload and/or download Content, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account. You agree that the information You provide to Us on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Us. You may be liable for the losses incurred by the Us or others due to any unauthorized use of Your Platform account.


8. TERMINATION; Terms of Service VIOLATIONS


8.1 Us

You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate any account You may have with the Platform or Your use of the Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. We may also in our sole discretion and at any time discontinue providing access to the Platform with or without notice.

You agree that any termination of Your access to the Platform or any account You may have may be effected without prior notice, and You agree that we will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.


8.2 YOU
Your only remedy with respect to any dissatisfaction with (i) the Platform, (ii) any term of these Terms, (iii) any policy or practice put in place by Us in operating the Platform, or (iv) any content or information transmitted through the Platform, is to terminate Your account.


8.3 USER CONTENT
Subject to Section 7.2 above and the Platform Store Terms (including, without limitation Section 6.4 thereof), upon termination of these Terms by You or Us, We will discontinue prospective hosting and distribution of Your User Content.



9. OWNERSHIP & PROPRIETARY RIGHTS

The Platform is owned and operated by Us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Platform provided by Us are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Except for any User Content that is provided and owned by Users, all Materials contained on the Platform are property belonging to Us or our subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Us or its affiliates and/or third-party licensors. Except as expressly authorized by Us, You agree not to sell, license, distribute, copy, modify or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Platform.


10. INDEMNIFICATION

You agree to indemnify, save, and hold Us, our affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. We reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Bookview's defense of these claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.


11. DISCLAIMERS; NO WARRANTIES


11.1 NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.


11.2 "As is" and "As available" and "With All Faults"

YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.


11.3 PLATFORM OPERATION AND USER CONTENT
WE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.


11.4 ACCURACY
WE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.


11.5 HARM TO YOUR COMPUTER
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.


11.6 UPLOADED CONTENT
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY US HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.



12. LIMITATION OF LIABILITY AND DAMAGES

12.1 LIMITATION OF LIABILITY
WE ARE UNDER NO LEGAL OBLIGATION TO MONITOR CONTENT TRANSMITTED VIA OR STORED ON THE PLATFORM. OUR ONLY OBLIGATIONS AS HOST CONCERN (I) THE FIGHT AGAINST CERTAIN CONTENT IN ACCORDANCE WITH THE PROCEDURE DESCRIBED IN THE PROHIBITED CONTENT SECTION, (II) THE RETENTION OF YOUR CONNECTION DATA, WHICH IS SUBJECT TO OUR POLICIES ON PERSONAL DATA, AND (III) THE REMOVAL OF ALL CLEARLY ILLEGAL CONTENT WHICH HAS BEEN EFFECTIVELY BROUGHT TO OUR ATTENTION.

UNDER NO CIRCUMSTANCES, WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


12.2 LIMITATION OF DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF BOOKVIEW OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM OR YOUR INTERACTION WITH OTHER PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER.


12.3 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET ITS PRICES IF APPLICABLE, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Bookview, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.



13. GENERAL CONDITIONS TO DOWNLOAD DIGITAL CONTENT
Downloading is the transmission in the aim of reproduction of a written digital content to be use by the End User. The files proposed to be downloaded may have various formats as, for instance, PDF, EPUB…

An electronic material linked to the Internet and fitted reading software are required to read the files available on the Platform. Your personal electronic material and software have to comply with some technical constraints: to have a reading system compatible with the format standard and able to read E-books with a DRM system. These technical constraints are integrated in the Terms of Service so are presumed to be known and accepted by the End User. In any case a complaint or a demand for refund due to a lack of knowledge or refusal of this clause could be accepted by Us.

We underlines that most of the digital files are protected against copies with a Digital Rights Management System (Adobe DRM/ACS4 system). Bought and downloaded digital files can not be freely transferred to electronic materials different from the one used at the first downloading.


14. CHARGES AND BILLING


14.1. AGREEMENT TO PAY

You agree to pay for all Content that is not obtained by means of a Gift Card, Prepaid Card, Promotional Code, or which is not offered to You by us for free.

The price is payable totally in one payment when ordering.

Communication costs linked to the access and use of the Platform are the responsibilities of the user.

Following the payment authentication the user receives a confirmation of payment by e-mail and the link to the E-book to be downloaded.


14.2. CREDIT CARD TRANSACTIONS
The payment is done with a credit card (Visa, Eurocard/Mastercard, American Express). The transaction is done when the User orders the E-books and the payment is entirely secured. The User is invited to give credit card numbers, the expiration date and the number indicated behind the credit card (visual cryptogram) on a secured page. In a security concern, the numbers of the credit card will be asked for each order.

The information transfer is protected by the SSL encryption technology (Secure Sockets Layer) which encrypts the information to protect personal banking data. You may be asked during the Account registration process to provide us with your credit card information. In the event You use your credit card to make purchases on the Service, we may, in our discretion, post charges to your credit card. You are responsible for keeping your Account confidential and You will be responsible for any charges that are incurred by any person through your Account.

All charges will be billed to the credit card You designate when You first make a purchase or incur a charge on the Service. If any of your billing information changes, You must update that information by contacting Customer Support or changing your Account information online on the Platform. By providing your credit card information to us, You agree that You will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft or unauthorized use of your credit card.

You agree that you, and not the Related Entities, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties


14.3. TAXES
Purchases from any of the Services may include federal, state, provincial and/or local sales, goods and services and other taxes (where applicable) and such taxes will be based on Your geographic location at the date of the Purchase. In such cases, the sales tax rate in effect at the time purchases are made on the Service will apply. You are not eligible for tax exemptions for purchases made on the Service.

In Europe, Our prices are expressed in euros VAT included if applicable. Outside the Europe, prices are expressed in US dollars VAT if applicable.


14.4. REFUND POLICY
There are no refunds when a purchase is made on the Service, including subscriptions to periodicals and any autorenewal of a subscription that is not cancelled prior to the Subscription Renewal Date. When You click to confirm your purchase or download, your purchases are charged to the credit card on file with us, which corresponds with your Service Account; however if You have a valid credit in your Service Account, which is applicable to the purchases You are making, you may be able to use that credit. We may determine that Service Account credits may not be used due to a violation of any promotional terms or any trial offer terms, these Terms of Service, and any other terms issued by us.


14.5. RIGHT TO CHANGE PRICES
All prices related to the Service are subject to change by us at any time, without notice and without liability to you. We do not provide price protection or refunds in the event of a price drop or a promotional offering.



15. PLATFORM ACCESS

The Platform is accessible 24/24, 7/7, except in the event of a scheduled or unscheduled interruption for maintenance, or in the case of force majeure. We shall not be liable for damage of any kind due to its unaccessibility.



16. MISCELLANEOUS

16.1 NOTICE
We may provide You with notices, including those regarding changes to the Platform's Terms & Conditions, by email, regular mail, or postings on the Platform. Notice will be deemed given twenty-four hours after email is sent, unless We are notified that the email address is invalid. Alternatively, We may give You legal notice by mail to a postal address, if provided by You through the Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Platform is deemed given ten days following the initial posting.


16.2 WAIVER
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us.


16.3 ASSIGNMENT
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.


16.4 SEVERABILITY
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.


16.5 APPLICABLE LAW
The Terms of Service are construed in accordance with American laws.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.


16.6 JURISDICTION
You agree that the proper legal jurisdiction for any dispute is in Orange County Courts, the State of Florida USA, and You hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action.







Last modification: June 12th, 2020