TABLE OF CONTENTS
- Descrilition of FeedBooks Services
- Digital Millennium Coliyright Act and French LCEN.
- FeedBooks Website License Grant.
- User Content License Grant - Reliresentations and Warranties.
- Prohibited Conduct.
- Ownership; Prolirietary Rights
- Disclaimers; No Warranties.
- Limitation of Liability and Damages.
- General conditions to download digital content
- Charges and Billing.
- Website access
Welcome to the Feedbooks.com (owned and operated by Feedbooks, SAS, Registered in Nanterre B 498 994 623, located 15, Lisière du Golf - 92380 GARCHES, FRANCE, hereinafter "Feedbooks") content management and file download platform that allows for the authorized download and distribution of written digital content.
The following describes how user of the Site who review or purchase downloadable digital books ("You" or "End User") can download material and how they may review or use that work by the person or entity who posted the work (the "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 FeedBooks. Any user of this Site who downloads, reads or previews any content on the Site is referred to as an "End User."
EXCEPT EMANCIPATED MINOR, OR POSSESSED LEGAL PARENTAL OR GUARDIAN CONSENT, THE FEEDBOOKS PLATFORM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE FEEDBOOKS PLATFORM BY FEEDBOOKS.
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 FEEDBOOKS WEBSITE, 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 FEEDBOOKS SERVICE IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.
1. DESCRIPTION OF FEEDBOOKS SERVICES
FeedBooks.com (hereinafter also referred to as "the Website") is a books hosting website 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 Website 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.
3. DIGITAL MILLENIUM COPYRIGHT ACT AND FRENCH LCEN
3.1. Please note that since we respect authors' and content holders' rights, it is FeedBooks' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA") of 1998 and the French Law LCEN dated 2004 June, 21st("LCEN").
In addition, FeedBooks reserves 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 Our Website (www.FeedBooks.com) infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing FeedBooks' Designated Copyright Agent with the following information in writing or via email
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the FeedBooks Website are covered by a single notification, a representative list of such works at that site.
- 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.
- Information reasonably sufficient to permit FeedBooks to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- 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.
- 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 and article 6-4 of the French LCEN, any person who knowingly materially misrepresents that material or activity is infringing may be subject to civil and/or penal liability.
FeedBooks' designated Copyright Agent to receive notifications of claimed infringement is: Mr.
Hadrien Gardeur, [email protected]
Send the written communication to the following address:
FeedBooks copyright infringement notification
Mr Hadrien GARDEUR
15, Lisière du Golf - 92380 GARCHES, FRANCE
or email to:
Copyright infringement takedown notification template
Subject: FeedBooks 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 [email protected] 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.FEEDBOOKS WEBSITE LICENSE GRANT
4.1 LICENSE GRANT TO UPLOAD
Subject to Your compliance with the terms and conditions set out in these Terms, FeedBooks hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the FeedBooks Website 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, FeedBooks does not guarantee that there will be no unauthorized copying or distribution of User Content nor will FeedBooks 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, FeedBooks 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
FeedBooks reserves all rights not expressly granted in these Terms.
4.4 PREVENTION OF UNAUTHORIZED USE
FeedBooks reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the FeedBooks Website, 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 FEEDBOOKS
Unless otherwise agreed to in a separate written agreement between You and FeedBooks that was signed by an authorized representative of FeedBooks:
a) By distributing or disseminating User Content through the FeedBooks Website, You hereby grant to FeedBooks 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 FeedBooks. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to the FeedBooks Store Terms, the license granted by You in Section 6.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the FeedBooks Website. Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by FeedBooks with respect to Your User Content prior to Your removal of such User Content from the FeedBooks Website shall survive any termination or expiration of the license granted in Section 7.2(a) above.
5.3 LICENSE GRANT TO OTHER FEEDBOOKS USERS
FeedBooks being registered in France, the content of the Website is subject to the French legislation on copyrights and other intellectual property rights.
By distributing or disseminating User Content through the FeedBooks Website, 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 the FeedBooks Website. 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 FeedBooks Website 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 FeedBooks Website survive any termination or expiration of the license granted in this section 7.3.
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 FeedBooks and FeedBooks? Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by FeedBooks 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. FeedBooks 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 the French law (Article L. 123-1 French Intellectual Property Code) seventy (70) years after the death of an author, his creative works falls in the public domain therefore is free of copyrights. This creative work can be freely exploited in the respect of the author's moral rights (notably paternity right, respect of the creative work) which are perpetual.
The website is accessible all around the world. Consequently, each User of the website has to verify the adequacy between the protection duration of author's rights in France and in his country location.
Please note that a book in the public domain in France 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
I. Creative Commons Conditions
choose a set of conditions You wish to apply toyour work.
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.
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.
II. Creative Commons Licenses
The number of free license is indeterminable; each Author can create a free license. FeedBooks has chosen the most used contracts to facilitate self-publishing for Authors on the website 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 :
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
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
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
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
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 :
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 Website 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 FeedBooks Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5.6 DISCLAIMER OF LIABILITY
1° You understand that when using the FeedBooks Website You will be exposed to User Content from a variety of sources, and that FeedBooks 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 FeedBooks with respect thereto. FeedBooks does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and FeedBooks 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, FeedBooks 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.
2° FeedBooks is not liable for the Internet functioning limits, particularly its technical performances and delay's answer to consult, question or transfer data.
User acknowledges that the confidential information communication on the Website is made at his own risk.
Moreover User has to protect their own data and softwares from eventual computer virus. FeedBooks will not be liable for damage of any kind pursuant to a virus contamination, as data losses or deterioration of computer material.
3° FeedBooks liability shall not be committed because of an eventual dysfunction happening during the ordered Content downloading, except a dysfunction by its own doing. Then the customer will have to prove the FeedBooks liability.
4° The FeedBooks Website may contain links to third party websites that are not owned or controlled by FeedBooks. FeedBooks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Additionally, FeedBooks cannot censor or edit the content of any third-party site. By using the Website, User expressly relieves FeedBooks from any and all liability arising from your use of any third-party website.
5° These Terms of Service are under French 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 of the order's place. FeedBooks liability shall not be committed because of the illicit order, downloading of User Content and their use by User.
6° FeedBooks is not liable of a contract non-fulfilment in case of "force majeure", that is to say irresistible force or compulsion such as will excuse FeedBooks from performing his commitment (for example, general interruption of the telecommunication network).
6. PROHIBITED CONDUCT
BY USING THE FEEDBOOKS WEBSITE YOU AGREE NOT TO:
6.1 use the FeedBooks Website 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 FeedBooks Website accounts of others without permission, forge another persons? digital signature, misrepresent the source, identity, or content of information transmitted via the FeedBooks Website, or perform any other similar fraudulent activity;
6.6 delete the copyright or other proprietary rights on the FeedBooks Website 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 FeedBooks Website 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 FeedBooks Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.10 use the FeedBooks Website 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 FeedBooks Website or User Content, features that prevent or restrict use or copying of any content accessible through the FeedBooks Website;
6.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the FeedBooks Website 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 FeedBooks Website 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 FeedBooks Website 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 FeedBooks Website bypass any measures FeedBooks may use to prevent or restrict access to the FeedBooks Website;
6.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the FeedBooks Website;
6.17 interfere with or disrupt the FeedBooks Website or servers or networks connected to the FeedBooks Website, or disobey any requirements, procedures, policies or regulations of networks connected to the FeedBooks Website; or
PLEASE NOTE THAT FEEDBOOKS WILL PROMPTLY TERMINATE WITHOUT NOTICE ANY USER?S ACCESS TO THE FEEDBOOKS WEBSITE IF THAT USER IS DETERMINED BY FEEDBOOKS TO BE A ?REPEAT INFRINGER?. A REPEAT INFRINGER IS A USER WHO HAS BEEN NOTIFIED BY FEEDBOOKS OF INFRINGING ACTIVITY VIOLATIONS MORE THAN TWICE AND/OR WHO HAS HAD THEIR USER CONTENT OR ANY OTHER USER-SUBMITTED CONTENT REMOVED FROM THE FEEDBOOKS WEBSITE MORE THAN TWICE.
You are committed to give true and honest information.
When You use the FeedBooks Website 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 FeedBooks 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 FeedBooks. You may be liable for the losses incurred by FeedBooks or others due to any unauthorized use of Your FeedBooks Website account.
You agree that FeedBooks, in its sole discretion, for any or no reason, and without penalty, may terminate any account You may have with FeedBooks or Your use of the FeedBooks Website and remove and discard all or any part of Your account, User profile, and any User Content, at any time. FeedBooks may also in its sole discretion and at any time discontinue providing a ccess to FeedBooks with or without notice. You agree that any termination of Your access to FeedBooks or any account You may have may be effected without prior notice, and You agree that FeedBooks 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 FeedBooks may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the FeedBooks Website, (ii) any term of these Terms, (iii) any policy or practice of FeedBooks in operating the FeedBooks Website, or (iv) any content or information transmitted through the FeedBooks Website, is to terminate Your account.
8.3 USER CONTENT
Subject to Section 7.2 above and the FeedBooks Store Terms (including, without limitation Section 6.4 thereof), upon termination of these Terms by You or FeedBooks, FeedBooks will discontinue prospective hosting and distribution of Your User Content.
9. OWNERSHIP; PROPRIETARY RIGHTS
The FeedBooks Website is owned and operated by FeedBooks. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the FeedBooks Website provided by FeedBooks 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 FeedBooks Website are the property of FeedBooks or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FeedBooks or its affiliates and/or third-party licensors. Except as expressly authorized by FeedBooks, 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 FeedBooks Website.
You agree to indemnify, save, and hold FeedBooks, its 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 FeedBooks Website, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. FeedBooks reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify FeedBooks, and You agree to cooperate with FeedBooks? defense of these claims. FeedBooks 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, FEEDBOOKS, AND ITS 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 FEEDBOOKS OR THROUGH THE FEEDBOOKS WEBSITE 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 FEEDBOOKS WEBSITE IS AT YOUR SOLE RISK. THE FEEDBOOKS WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FEEDBOOKS WEBSITE 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
FEEDBOOKS, ITS 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 FEEDBOOKS WEBSITE 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.
FEEDBOOKS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEEDBOOKS WEBSITE 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 FEEDBOOKS WEBSITE 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.
1.6 UPLOADED CONTENT
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY FEEDBOOKS 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 FEEDBOOKS. 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, FEEDBOOKS OR ITS 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 FEEDBOOKS WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FEEDBOOKS, EVEN IF FEEDBOOKS OR AN FEEDBOOKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 LIMITATION OF DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF FEEDBOOKS 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 FEEDBOOKS WEBSITE OR YOUR INTERACTION WITH OTHER FEEDBOOKS WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FEEDBOOKS WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED EUROS, WHICHEVER IS GREATER.
12.3 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT FEEDBOOKS HAS OFFERED ITS 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 FEEDBOOKS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FEEDBOOKS. FEEDBOOKS WOULD NOT BE ABLE TO PROVIDE THE FEEDBOOKS WEBSITE 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…
FeedBooks underlines that most of the digital files are protected against copies with a Digital Rights Management System (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 website are in charge 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 FeedBooks 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 Website. 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.
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, FeedBooks 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.
Please note that the seven (7) days? retractation delay of the French Consumer Code (article L. 121-20-20) can not apply due to the fact that the downloading of the digital file is equivalent to the final delivery of the product.
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. WEBSITE ACCESS
The Website 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. FeedBooks shall not be liable for damage of any kind due to its unaccessibility.
FeedBooks may provide You with notices, including those regarding changes to FeedBooks? terms and conditions, by email, regular mail, or postings on the FeedBooks Website. Notice will be deemed given twenty-four hours after email is sent, unless FeedBooks is 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 FeedBooks Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the FeedBooks Website is deemed given ten days following the initial posting.
The failure of FeedBooks 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 FeedBooks.
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 FeedBooks without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
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 the French and US 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.
You agree that any lawsuit or action in equity arising out of or relating to these Terms or FeedBooks will be filed only in the state or federal courts in and for Tribunal de Grande Instance of PARIS, FRANCE, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Last modification: 2010, 1st October