Terms of Service"GetResponse", the sole holder of the eBook Manager Service (hereinafter referred to as "the Service") through the eBookGold.com web page, provides the Service to the Customers according to the following Terms of Service.
By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use the Service.
The Customer shall comply with the provisions of the Terms of Service and the eBookGold License Agreement. The eBookGold License Agreement shall be constituted as an inherent part of these Terms of Service.
1. ServiceGetResponse provides the Customer with the Software Program and the Internet Service on the eBookGold.com website to manage and safeguard electronic books (hereinafter referred to as "the eBook" or "the eBooks").
The eBookGold Software Program (hereinafter referred as to "the Software Program") is provided for the registered Customers to be downloaded and installed on one computer at a given time.
GetResponse provides the software program on the eBookGold.com website. The Customer is responsible for downloading and installation of the software.. On registration to the Service, the Customer receives a login and a password (hereinafter referred to as "the key code") to activate the Software. The Software will be triggered if the key code has been confirmed through the online verification. The Software Program automatically attempts to verify the key code at each Software launch. The Software validity shall be verified online at least every 30 days, otherwise the Program cannot be run and the Customer will be asked to establish Internet connection for online verification. In the event the key code does not through, the Customer is required to notify the Customer Support Department. The Customer Support Department will investigate the issue and send a valid key code within two working days from the day of receiving the Customer's notice.
2. CustomerThe Service is provided to registered users, hereinafter referred to as "the Customer".
On registration to the Service, the Customer agrees to:
(1) fill out the registration form in current, complete, and accurate data;
(2) maintain and promptly update this data as a current, complete and accurate one;
(3) use the Software Program pursuant to the eBookGold License Agreement,
(4) accept the Terms of Service stated herein as well as the GetResponse Anti-Spam Policy.
On registration to the Service, the Customer agrees to receive commercial information about products and services of GetResponse.
The Customer is solely responsible for the content of the materials which are used in connection with the Service provided by GetResponse. The Customer expressly agrees that use of the Service is at their sole risk.
The Customer understands and agrees that GetResponse may publish advertisements on the eBookGold.com website.
3. E-book SecurityGetResponse provides the Customer the eBook safeguard services to limit unauthorized access to the eBook or parts of it. The safeguard services enable the Customer to protect from opening the eBook, copying it and/or printing out the whole or parts of the eBook.
The Customer may establish copyright on the eBook.
GetResponse provides an advanced security mode system to protect eBooks from unauthorized use ("Advanced Security Mode").
With access to the Service, the Customer receives a list of 1000 PIN codes to be used for Advanced Security Mode. Upon purchasing a safeguarded eBook the purchaser receives the code that authorizes them to open the eBook. The Customer may order additional number of codes. Upon the order, the Customer is required to pay additional fee.
4. PaymentsThe payment includes fee for the Service, the Software License, Phone and Email Customer Support, and all applicable taxes.
The payment for additional number of codes includes a total number of 1000 Advanced Security Mode codes.
Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt for each payment GetResponse will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by GetResponse by electronic means of communication.
GetResponse sends an email to the Customer, containing receipt to confirm the payment. GetResponse issues an invoice at the Customer's request.
GetResponse reserves at its sole discretion the right to change the fees and prices.
5. Technical RequirementsGetResponse assures that the Service will work properly on Windows 98/NT/2000/Me/XP platform with Internet Explorer 6.0 or higher.
The Customer realizes that the Service is provided on "as is" basis.
6. Customer Support ServiceGetResponse provides Live Chat and Email Support for the Customers of the Service.
The Customer may address all questions, doubts, and report errors via email to eBookGold Customer Support Department at firstname.lastname@example.org.
The Customer should provide at least the account name and their name. GetResponse does not investigate or take any action based on "anonymous" support requests.
GetResponse assures that reaction shall occur within two working days after receiving a request from the Customer.
GetResponse distributes support materials in order to support the Customers in using the Service and the Software Program.
7. Customer ObligationsThe Customer is obliged to provide accurate and true registrant contact details, and keep such contact details up to date. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or GetResponse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GetResponse has the right to suspend or terminate their account and refuse any and all current or future use of the Service.
The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from the eBookGold.com website and/or the Service. The Customer may not take any action which imposes an unreasonable or disproportionately large load on the website network or other GetResponse services infrastructure.
GetResponse reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. GetResponse reserves the right to refuse any and all current or future use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these Terms of Service, GetResponse Anti-Spam Policy or arising from custom, and other best practices of conduct on the Internet or good commercial practices.
If GetResponse finds the Customer to be spamming or using the Service for any abusive or illegal practices, we will issue a warning. If GetResponse has any reason to believe that the Customer, despite warning being given, threatens to or is continuing such practices, then GetResponse may take action immediately, including disabling the Customer's account, and terminating the Service and/or reporting the Customer and the incident to the proper authorities.
GetResponse will never use the information about the Customer, to send any unsolicited messages or information nor will share it with or sell it to anyone else for such use.
9. Abusive And Illegal Practices
10. Right To WithdrawalThe Customer has a period of 30 days in which to withdraw from the ordering the Service without penalty and without obligation to give any reason. In order to exercise this right to withdrawal the Customer should send an email informing about the cancellation to the GetResponse Billing Department at email@example.com. GetResponse is obliged to reimburse the total sum paid by the Customer.
Such reimbursement will be carried out by GetResponse as soon as possible and free of charge.
11. CopyrightAll content included on the eBookGold.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without written permission from the authors.
12. TrademarksGetResponse, eBookGold, eBookGold.com are trademarks of GetResponse and Szymon Grabowski in the Republic of Poland, the United States and other countries.
Trademarks of GetResponse and Szymon Grabowski may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and services.
13. Termination Of ServiceThe Customer may terminate a contract at anytime. If the Customer wants to terminate the Service, they are required to send a cancellation request to the Customer Support Department at firstname.lastname@example.org and destroy all copies of the Software and all of its component parts.
GetResponse reserves at its sole discretion the right to terminate the Service if the Customer fails to comply with Terms of the eBookGold License Agreement. GetResponse reserves at its sole discretion the right to terminate the Service immediately if the Customer does not conform to any of their obligations stated in the Software License Agreement.
GetResponse reserves at its sole discretion the right to terminate the Service in the event of not receiving a payment.
GetResponse reserves at its sole discretion the right to terminate the Service immediately in the event the Customer is found to be using GetResponse services for spam activities and/or other unlawful practices.
GetResponse reserves at its sole discretion the right to terminate the Service in the event of receiving independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
14. Disclaimer Of Warranties. Limitation Of LiabilitiesTHE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
IMPLIX DOES NOT WARRANT, WHETHER EXPRESSED OR IMPLIED, FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE STATED OR DESIRED BY THE CUSTOMER. IMPLIX DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF IMPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
GetResponse is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond GetResponse’s reasonable control. GetResponse is not responsible for short, temporarily and accidental suspension of the Service as a result of circumstances which GetResponse could not foresee nor suspect.
Customer recognizes that GetResponse does not own or control other networks, information and systems outside of their own network, nor is GetResponse responsible for performance or non-performance within such networks. GetResponse exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through the Service and the Software Program provided.
The use of the Service is at the Customer's sole risk. GetResponse is no way responsible for the conduct of its Customers, and the content of the eBooks created and/or safeguarded within the Service and/or the Software Program, in particular, but with no limitations to. GetResponse is not responsible for any indirect, incidental, special, punitive, or consequential damages that result from Customer's use of the Service and/or the Software Program, including, without limitation, any such damage resulting from the Service interruptions or delays. GetResponse shall not be responsible for the misuse of the PIN Codes and for making the PIN Code available to the third party. GetResponse is not responsible for damages resulting from breaking a PIN Code security as a result of making the PIN Code available to the third party.
GetResponse shall have no liability for any damage suffered by the Customer or any third party as a result of the use or the misuse of the Service.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Final ProvisionsThe illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
GetResponse reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the eBookGold.com website, including these Terms of Service, at any time without notice.
This Service shall be interpreted and construed according to, and governed by, the laws of Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and Polish Court shall be jurisdiction.
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