Terms
Terms
1. Introduction
These terms and conditions govern your use of this
website www.digitalbooksdirect.com. By using our website, you
agree to these terms and conditions in full. If you
do not accept or do not agree with these terms and conditions or any
part of these terms and conditions, you must not use our website.
2. License to use website
Unless otherwise stated, we or our licensors own the intellectual
property rights in the website and material on the website.
All these intellectual property rights are reserved, subject to the
license below.
Subject to the restrictions set out below and elsewhere in these terms
and conditions, you may view, download for caching purposes only, and
print pages or OTHER CONTENT from the website for your own
personal use.
You are not permitted to:
(a) republish material from this website;
(b) republish material from this website
on another website;
(c) sell, rent or sub-license material
from this website;
(d) show any material from this website
in public;
(e) reproduce, duplicate, copy or
otherwise exploit material on our website for a commercial purpose;
(f) edit or otherwise alter any material
on this website; or
(g) redistribute any material from this
website [except for content explicitly made available for
redistribution such as our newsletter.
3. Acceptable use
You must not use our website in any manner that is illegal, unlawful,
fraudulent or harmful, or in relation with any illegal, unlawful,
fraudulent or harmful purpose or activity; or in any way that causes,
or may cause, damage to the website or impairment of the availability
or accessibility of the website.
You must not use our website to copy, store, transmit, host, send, use,
publish or distribute any material which consists of or is affiliated
to any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software whatsoever.
Without our prior express written consent, you must not conduct any
systematic or automated data collection activities including without
limitation scraping, data mining, data extraction and data harvesting
on or in relation to our website.
You must not use our website to send or transmit unsolicited commercial
communications.
You must not use our website for any objective related to marketing
without our prior express written consent.
4. Restricted access
Access to particular areas of our website is restricted. At
our discretion we reserve the right to restrict access to areas of our
website, or our entire website.
Should we provide you with a user ID and password to enable you access
to restricted areas of our website or other content or services, you
must ensure that your user ID and password is kept confidential.
At our discretion we may disable your user ID and password without
notice or justification.
5. User generated content
In these terms and conditions, “your user content”
is to be interpreted without limitation as being material including
text, images, audio material, video material and audio-visual material
that you submit to our website, for whatever purpose.
You permit to us a global, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, publish, adapt, translate and distribute
your user content in any existing or future media. You also
permit to us the right to sub-license these rights, and the right to
bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe
upon any third party's legal rights, and must not be capable of giving
rise to a legal action whether against you or us or a third party under
any applicable law in each case.
You are not permitted to submit any user content to the website that is
or has ever been the subject of any threatened, pending or actual legal
proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our
website, or stored on our servers, or hosted or published upon our
website.
Notwithstanding our rights under these terms and conditions in relation
to user content, we do not undertake to monitor the submission of such
content to, or the publication of such content on, our website.
6. Warranties
Whilst we endeavour to ensure that the information on this
website (excluding user content) is correct, we do not
guarantee its correctness or completeness; nor do we commit to ensuring
that the website remains available or that the material on the website
is kept up-to-date.
We exclude all representations, warranties and conditions relating to
this website and the use of this website including, without limitation,
any warranties implied by law of a satisfactory quality, fitness for
purpose and/or the use of reasonable care and skill.
7. Limitation of liability
Nothing in these terms and conditions or elsewhere on our website shall
exclude or limit our liability for fraud, for death or personal injury
caused by our negligence, or for any other liability which cannot be
excluded or limited under the appropriate law.
Subject to this, our liability to you in relation to the use of our
website or under or in association with these terms and conditions,
whether in contract, tort (including negligence) or otherwise, shall be
limited as follows:
(a) to the extent that the website and
the information and services on the website are provided
free-of-charge, we shall not be liable for any loss or damage of any
nature;
(b) we shall not be liable for any
consequential, indirect or special loss or damage;
(c) we shall not be liable for any loss
of profit, income, revenue, anticipated savings, contracts, business,
reputation, data, information or goodwill;
(d) we shall not be liable for any loss
or damage occurring out of any event or events that are beyond our
reasonable control;
(e) our maximum liability in relation to
any event or series of related events shall be limited
to AMOUNT.
8. Indemnity
You hereby indemnify us and undertake to keep us indemnified against
any losses, damages, costs, liabilities and expenses, including without
limitation legal expenses and any amounts paid by us to a third party
in settlement of a claim or dispute on the advice of our legal
advisers, incurred or suffered by us arising out of any breach by you
of any condition of these terms and conditions.
9. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions,
if you breach these terms and conditions in any way, we may take such
action as we deem suitable to deal with the breach, including
prohibiting you from accessing the website, suspending your access to
the website, blocking computers using your IP address from accessing
the website, contacting your internet service provider to request that
they block your access to the website and/or bringing court proceedings
against you.
10. Variation
We may revise these terms and conditions on occasion. Such
revised terms and conditions shall apply to the use of our website from
the date of the publication of the revised terms and conditions on our
website. To ensure you are familiar with the current version
please check this page regularly.
11. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms and conditions without notifying you or
obtaining your consent.
We do not permit you to transfer, sub-contract or otherwise deal with
your rights and/or obligations under these terms and
conditions.
12. Severability
If a provision of these terms and conditions is determined by any court
or other competent authority to be unlawful and/or unenforceable, the
other provisions shall continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part
of it were deleted, that part shall be deemed to be deleted, and the
rest of the provision shall continue in effect.
13. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are
not intended to benefit any third party or be enforceable by any third
party. The exercise of our and your rights in connection to
these terms and conditions is not to be subject to the consent of any
third party whatsoever.
14. Entire agreement
These terms and conditions [, together with our privacy policy,]
constitute the entire agreement between you and us in regard to your
use of our website, and supersede all prior agreements in respect of
your use of this website.
15. Law and jurisdiction
These terms and conditions will be governed by and construed in
accordance with applicable English law, and any disputes relating to
these terms and conditions will be subject to the [non-]exclusive
jurisdiction of the courts of the United States of America.
16. Our details
The full name of our company is DigitalBooksDirect.com.
You can contact us by email at contact@digitalbooksdirect.com
