PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

 

General

    1. eKitabu is an online service operated eKitabu, LLC (“eKitabu“) that provides users with access to discover, read and purchase literary works from content providers through multiple electronic interfaces including eKitabu’s website, mobile applications, web applications, or “widgets”, and other applications (the “Service“).
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    3. By registering, accessing, or using the Service you signify that you have read, understood and agree to be bound by these terms of use (these “Terms of Use” or this “Agreement“), whether or not you are a Registered User of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
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    5. eKitabu reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If eKitabu does this, eKitabu will post the changes to these terms and conditions on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.
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    7. If you do not comply with this Agreement at any time, eKitabu reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account if any. In eKitabu’s sole discretion and without prior notice or liability, eKitabu may discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice.
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    9. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that eKitabu shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service.
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    11. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by eKitabu in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.
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Registered Users

The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with eKitabu and create a user account on the Service (each, a “Registered User“). If you are a Registered User then you agree to the following:

  1. In consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian.  You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data“); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, EKitabu has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
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  3. Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EKitabu of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in eKitabu’s Privacy Policy, available on our web site via www.ekitabu.com
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Restrictions on Use

These terms apply to all users of the Service, whether or not you are a Registered User.

  1. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without eKitabu’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in eKitabu’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
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  3. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted eKitabu the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user’s personal use.
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  5. You grant eKitabu the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to eKitabu for sale on the Service by a publisher or other content provider.
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  7. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing, or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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  9. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
    1. accessing data not intended for you, including logging into a server or account which you not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
    3. taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or eKitabu’s systems or networks, or any systems or networks connected to the Service or to eKitabu
    4. taking any action in order to obtain services to which you are not entitled.
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Disclaimer of Warranty; Limitation of Liability

  1. You expressly agree that use of the website is at your sole risk. Neither ekitabu, its affiliates nor any of their respective employees, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy or reliability of any information, service or merchandise provided through the website.
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  3. The website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of the website.
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  5. In no event will ekitabu, or any person or entity involved in creating, producing or distributing the website or the content included therein, be liable in contract, in tort (including for its own negligence), or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the website. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ekitabu’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this website.
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  7. The above disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this website, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that ekitabu is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

 

Indemnification

You agree to defend, indemnify and hold harmless eKitabu and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.

Trademarks

eKitabu and related words, domain names and logos are trade-marks and the property of eKitabu LLC All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

Third Party Content

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of eKitabu. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. eKitabu neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized eKitabu employee spokespersons while acting in their official capacities.

Literary Works

All literary works at eKitabu.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for eKitabu’s Registered Users’ personal and non-commercial use. Any other use of literary works downloaded from eKitabu.com is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from eKitabu.com, the Registered User hereby acknowledges and agrees to these terms.

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