Terms of Service
"Implix", 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. Service
Implix 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.

Implix 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. Customer
The 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 Implix Anti-Spam Policy.

On registration to the Service, the Customer agrees to receive commercial information about products and services of Implix.

The Customer is solely responsible for the content of the materials which are used in connection with the Service provided by Implix. The Customer expressly agrees that use of the Service is at their sole risk.

The Customer understands and agrees that Implix may publish advertisements on the eBookGold.com website.

3. E-book Security
Implix 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.

Implix 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. Payments
The 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 Implix will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.

Implix sends an email to the Customer, containing receipt to confirm the payment. Implix issues an invoice at the Customer's request.

Implix reserves at its sole discretion the right to change the fees and prices.

5. Technical Requirements
Implix 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 Service
Implix 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 eg-support@cs.implix.com.

The Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" support requests.

Implix assures that reaction shall occur within two working days after receiving a request from the Customer.

Implix distributes support materials in order to support the Customers in using the Service and the Software Program.

7. Customer Obligations
The 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 Implix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Implix 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 Implix services infrastructure.

Implix reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Implix 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, Implix Anti-Spam Policy or arising from custom, and other best practices of conduct on the Internet or good commercial practices.

If Implix finds the Customer to be spamming or using the Service for any abusive or illegal practices, we will issue a warning. If Implix has any reason to believe that the Customer, despite warning being given, threatens to or is continuing such practices, then Implix 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.

8. Privacy Policy. Anti-Spam Policy
Implix constitutes the Privacy Policy and the Implix Anti-Spam Policy as inherent parts of these Terms of Service.

Implix 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
  1. The Customer is not allowed to associate any content used in connection with the Service, that intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
  2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not use the Service and/or the Software Program to create, edit, or safeguard the eBooks in such a way that any copyrights, patents would be violated. On using the Service the Customer shall not stream, disclose, engage and/or offer to sell any goods or services that:
    1. are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person’s privacy, tortuous, or otherwise violate Implix’s rules or policies;
    2. victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;
    3. associate any content with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
    4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;
    5. contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    6. impersonate any person or entity, including any of our employees or representatives;
    7. violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
    8. offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
    9. are associated with any form of gambling or lottery type services;
    10. are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
    11. are associated with the sale of:

      (i) any controlled drug that requires a prescription from a licensed practitioner; or
      (ii) any over-the-counter drug, or
      (iii) nonprescription drugs;

    12. are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
    13. are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
    14. market for:

      (i) nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
      (ii) alcohol of any kind;
      (iii) drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
      (iv) medical services, medical aid, medical assistance, medicines;
      (v) video lotteries, cylindrical games, card games, dicing, and automated games;

    15. use the Service to call on minors directly to purchase products or services;
    16. encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;
    17. take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
    18. unreasonably show minors in dangerous situations;
    19. use the Service to affect the subconscious of a recipient;
    20. add, remove or modify the identifying header information, in an attempt to deceive or mislead a recipient;
    21. attempt to impersonate any person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.
  3. The foregoing list is non-exhaustive of prohibited goods and services.
10. Right To Withdrawal
The 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 Implix Billing Department at billing@cs.implix.com. Implix is obliged to reimburse the total sum paid by the Customer.

Such reimbursement will be carried out by Implix as soon as possible and free of charge.

11. Copyright
All content included on the eBookGold.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix 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. Trademarks
Implix, eBookGold, eBookGold.com are trademarks of Implix and Szymon Grabowski in the Republic of Poland, the United States and other countries.

Trademarks of Implix 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 Implix, its products and services.

13. Termination Of Service
The 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 eg-support@cs.implix.com and destroy all copies of the Software and all of its component parts.

Implix reserves at its sole discretion the right to terminate the Service if the Customer fails to comply with Terms of the eBookGold License Agreement. Implix 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.

Implix reserves at its sole discretion the right to terminate the Service in the event of not receiving a payment.

Implix reserves at its sole discretion the right to terminate the Service immediately in the event the Customer is found to be using Implix services for spam activities and/or other unlawful practices.

Implix 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 Liabilities
THE 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.

Implix is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond Implix’s reasonable control. Implix is not responsible for short, temporarily and accidental suspension of the Service as a result of circumstances which Implix could not foresee nor suspect.

Customer recognizes that Implix does not own or control other networks, information and systems outside of their own network, nor is Implix responsible for performance or non-performance within such networks. Implix 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. Implix 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. Implix 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. Implix shall not be responsible for the misuse of the PIN Codes and for making the PIN Code available to the third party. Implix 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.

Implix 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 Provisions
The 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.

Implix 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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