Media365 Inc. is the operator of the www.bookpad.eu website, the Bookpad (iOS) and the Bookpad (Android) mobile applications, ("Bookpad Application"), collectively referred to as "Bookpad". By purchasing and reading any eBooks obtained through Bookpad ("eBooks"), you agree to the terms in this agreement. Such eBooks are provided by a rights holder - publisher, agent, author or publishers granted to sublisence, collectively called "eBook Publisher". Bookpad eBooks can be read on a number of mobile electronic devices with the respective supported OS versions. These devices comprise the "supported devices".
Upon paying the applicable fees via the Bookpad website, you are granted a non-exclusive right by the eBook Publisher to use, view, and display the purchased eBooks an unlimited number of times. This shall be done solely through a Bookpad Application on any of the Supported Devices. This right is valid only for your personal, non-commercial use. The eBook Publisher licenses and does not sell Bookpad eBooks to you.
When you make a purchase on Bookpad, you do not acquire the right to sell, rent, lease, distribute, broadcast, sublicense, or in any way assign any rights of any portion of the eBooks to a third party. You shall not modify or remove any labels or copyright notices of the eBooks.
You shall not attempt to circumvent, bypass, modify, or defeat the digital rights management system and other content protection used in Bookpad.
You have the possibility, either in Bookpad or on the website of the eBooks Publishers, to preview up to 10% of every eBook for free before paying the fee for obtaining access the it. Therefore, we do not offer any refunds except where required by law.
Use of Bookpad Applications
The Bookpad Applications are meant to be used only on the Supported Devices and the respective OS versions. The number of devices on which you can access the eBooks is not limited. However, you may not have more than 2 active sessions simultaneously.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Bookpad.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with Bookpad or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We may terminate or suspend your account and bar access to Bookpad immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Amendments and Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Bookpad after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Bookpad.
You agree to defend, indemnify and hold harmless Media365, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of Bookpad, by you or any person using your account and password; b) a breach of these Terms, or c) eBooks available via Bookpad.
Limitation Of Liability
In no event shall Media365, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Bookpad; (ii) any conduct or content of any third party on Bookpad; (iii) any content obtained from Bookpad; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of Bookpad is at your sole risk. Bookpad is provided on an "AS IS" and "AS AVAILABLE" basis. Bookpad is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Media365, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) Bookpad will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) Bookpad is free of viruses or other harmful components; or d) the results of using Bookpad will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Bookpad, and supersede and replace any prior agreements we might have had between us regarding Bookpad.