Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY ARE IMPORTANT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT.
1. About the terms and conditions
1.1 These terms and conditions, together with any other terms and conditions made available to you (“Terms”) apply to your use of the Services (as defined below) including the website www.jellybooks.com and its subdomains (the “Website”). By accessing or using the Services or any associated software you agree to be bound by these terms and conditions whether or not you are a registered user of the Services.
1.2 These terms and conditions incorporate any such additional terms and conditions which may govern your use of a particular Service such as book club services (the “Additional Terms”), which may include (without limitation) an End User License Agreement for the use of downloadable software (“apps”) that may be provided by us. If there is a conflict between these terms and conditions and any Additional Terms, the Additional Terms shall prevail to the extent of such conflict.
1.3 You may not use the Services if you are under the age of 13 years old. If you are under the age of 18 years old but over the age of 13 years old, you may not use the Services without the consent of your parent or guardian. By registering for the Services you represent that: (i) you have read, understood and agree to these terms, (ii) you are at least 18 years old, either entering into this contact for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
1.4 We reserve the right to update these terms and conditions and any other terms and conditions referred to in these terms and conditions at any time without notice. If we do so, we will publish the amended version on the Website. The amended terms and conditions will take effect from the time they are first published on the Website, and from then on will govern the relationship between you and us in respect of your use of the Services. If you do not agree with the amended terms and conditions, you must stop using the Services from the time on which the amended terms and conditions are published on the Website.
1.5 For the purposes of this agreement:
“Services” means the provision of the Website together with any other pages, information, software, apps, services, products and content which may be operated, hosted, made available for purchase, or managed by us from time to time;
“Third Party Materials” means any and all third party content, information, material, software and / or any other items and services mentioned, linked to or otherwise made accessible or available to you through the Services; and
1.6 Accounts registered by any automated methods are not permitted, including but not limited to account registered by internet bots.
2. About us
2.1 The Services are operated by Jellybooks Ltd a company registered in England (company registration no.7503460) whose registered office is at 16-18 Boston Place, London NW1 6ER (“we”, “us”). Our VAT registration number is 128 7769 67.
2.2 If you have any questions, complaints or comments concerning the Website and / or any other Service, please let us know by contacting us at the following e-mail address: [email protected].
3.1 Our aim is to create an entertaining and fun service for exploring, sampling and sharing books. To make sure the service meets those standards, we need everyone to abide by some common rules. Consequently, your right to access, and use the Services is subject to your compliance with these terms and conditions. This means that if you do not comply with these terms and conditions, we may suspend or withdraw your ability to use some or all of the Services, or terminate your Jellybooks account without notice, and without liability to you.
4.2 You can access and update the information you provide to us by accessing the “my settings” icon on the Website.
5. Use of your account
5.1 You are responsible for all use of, and for protecting the confidentiality of the login details for, your account, and you may not share your login details with anyone. If you fail to comply with the above obligations, we will not be responsible for any losses you suffer as a result and you will be responsible for any losses caused to us due to such unauthorised use. You are responsible for all content posted and activity that occurs under your account whether or not you posted that content yourself or personally engaged in that activity. You must notify us immediately of any unauthorised use of your account or any other breach of security regarding any transactions that you make through the Website or other Services that comes to your attention. You must not use another user’s account.
5.2 Registered users may use the service to share previews with comments of the work being shared. By registering with us, you agree that we may use, reproduce, modify, distribute, and otherwise communicate any comments you post PUBLICLY on social networks when sharing previews.
5.3 Non-commercial use. The Services are for non-commercial use and may not be accessed, used, re-sold, or licensed for commercial gain. You are not authorised to make copies of any downloads other than for personal use, or to otherwise distribute copyright protected digital media. We may at any time limit the number of devices that you may access the Services from simultaneously.
5.4 You agree that you will not: (a) use the Website or other Services for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind;
(b) claim that your use of the Services implies any association between us and you or any other website whether via the use of weblinks or any other method;
(c) reproduce, duplicate or copy the Website and / or Services or sell or exploit the Services or any part of them without our express written permission;
(d) 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; (e) in any way abuse, intimidate or be offensive to any other users of the Services or any of our staff;
5.5 You acknowledge and agree that any such actions may result in the immediate suspension or termination of your account.
6. Access Restrictions to Content
6.1 Territorial Restrictions. Some of the Services may not be available from all countries. The Services may use geo-blocking software which may block access to certain ebooks samples from outside certain countries, which may be necessary for us to comply with the terms and conditions of our content licences. You agree not to attempt to circumvent any geo-blocking software or to otherwise access or use any Services which are not intended to be accessed or used from outside the country from which you are accessing the Services.
6.2 Cloud Access. You may share the ebook previews offered by Jellybooks only in the form of the cloud links provided thought eh service and through which registered users are permitted to download the ePub files to devices for personal reading use. You may not copy or transmit the ebook files by any other means.
7. Personal Storage Area
7.1 You will have access, via this service, to a personal storage area called your personal cloud library (“PCL”) for legally acquired digital media, the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by us in geographically dispersed locations.
7.2 You acknowledge and agree that you should not rely on us or the Services for any reason. It is your responsibility to back up and store any files delivered by us (or our technical services providers). You agree to assume all risk for loss of content in your personal cloud library.
7.3 We may share aggregated, anonymous cloud library usage information with our content licensors and other third parties and you consent to us sharing such usage information.
8. Linked websites
8.1 We do not endorse and are not responsible for the contents or privacy practices of any third party websites which are mentioned or linked to on the Website or through the Services. We shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods and / or services available on such websites.
9. Content and your rights to use the Services
9.1 Provided that you comply fully with these terms and conditions, we and / or our licensors grant you the right to access and / or view the Services including any content, information, material, software and any other items that we make available through the Services, for non-commercial use only. We may restrict the extent to which you can view or otherwise use such content.
9.2 Save as expressly provided in these terms and conditions or permitted in the Additional Terms, you may not copy, reproduce, sub-license, republish, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, any content, information, material, software or any other items and services provided or made available on or through this Website and / or the Services, or do anything else with such content. You acknowledge that modification of any content, information, material, software or any other items or use of any of the same for any purpose not expressly permitted by these terms and conditions may breach our and others’ copyright and other proprietary rights.
9.3 You agree that you will not use any content, information, material, software or other item or service available on this Website and / or through the Services for any commercial or illegal purpose or for any other purpose prohibited by these terms and conditions or in any notice contained within any such content, information, material, software or other item.
9.4 You agree that we will have the right in our sole discretion to refuse, delete or take down any content you provide to the Website and / or the Services.
9.5 You agree that we may transmit the content you submit to the Website and / or the Services unencrypted and over whatever networks we deem appropriate and make whatever changes and adaptations are in our opinion appropriate for editorial, technical or other purposes, including for purposes of conforming the content to the technical requirements of connecting networks and devices.
9.6 This website and its content are protected by copyright, database rights, trademarks and other intellectual property rights. No right to use or license of any of those intellectual property rights is granted except as explicitly set out in these Conditions.
9.7 The Jellybooks name and logo are trademarks.
10. Literary Work
10.1 All literary works, including previews provided in ebook form, at jellybooks.com are the exclusive property of their respective authors, publishers or their licensors and are protected by copyright and other intellectual property laws. The download of these literary works is intended for Jellybooks Registered Users personal and non-commercial use. Previews of literary work may be shared only by using the Jellybooks cloud service. Any other use of the literary works downloaded from jellybooks.com is strictly prohibited. Registered Users may not modify, publish, participate in the sale of, reproduce, create derivative works from, 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 jellybooks.com, you acknowledge and agree to these terms.
11. Our liability to you
11.1 Nothing in these terms and conditions excludes, restricts or affects your statutory rights.
11.2 We do not warrant that: (i) Website and / or Services will meet your specific requirements, (ii) the Website and / or Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website and / or Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website and / or Service will meet your expectations, (v) any particular computer, portable device or other hardware will be compatible with the Services and / or (vi) any errors in the Website and / or Service will be corrected.
11.3 You expressly understand and agree that, to the extent allowed by law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been previously been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Website and / or Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website and / or the Services; (c) unauthorized access to or alteration of your content or data; (d) statements or conduct of any third party on the Website and / or through the Services; (e) termination or suspension of your user account; or (f) any other matter relating to the Website and / or Services.
11.4 You are responsible for ensuring that your computer system, smartphone or other handheld device meets all relevant technical specifications necessary to use, and is compatible with, the Website and the Services. The Website and Services are provided on an “as is” and “as available” basis and we make no warranties regarding the Website and / or Services other than as required by law. We do not make any warranty that the Website or its servers are free from viruses, worms, cancelbots, “Trojan Horses” or anything else that has contaminating or destructive properties. We shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to or use of the Website and / or the Services. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output.
11.5 In the event that we are not permitted by law to exclude liability to you under these terms and conditions our total liability to you will not exceed £100, unless it results from death or personal injury caused by our negligence or the negligence of our employees, or our having acted fraudulently.
12. Events beyond either party’s control
12.1 Neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
13. Termination, changes to Services, and assignment
13.1 We reserve the right to terminate or suspend this agreement and / or your account and / or your access to this Website and / or the Services at any time at our sole discretion. Termination of your account will result in the deletion of your account and the forfeiture of all content in your account. Any person who holds such a suspended or terminated account must not re-register on the Website without our prior consent.
13.2 You agree that we may modify, suspend or discontinue the provision of the Services (in whole or in part) at any time without any resulting liability.
13.3 We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms and conditions. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14. Entire agreement
15. Waiver and severance
15.1 In the event that any provision of these terms and conditions is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these terms and conditions shall continue in full force and effect.
15.2 If you breach these terms and conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these terms and conditions.
16. Language, governing law and jurisdiction
16.1 These terms and conditions are governed by and are to be construed in accordance with English law.
16.2 You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions. This shall not prevent us from carrying out any interlocutory relief in the courts of any other jurisdiction.