Readers Terms for Book Pass by Jellybooks
Last updated: November 2023
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING READER TERMS 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. INTRODUCTION
1.1 These Readers Terms (our terms of service listed online at https://www.jellybooks.com/book-pass/legal/tos apply to all and any use, access and availability of the www.jellybooks.com/book-pass website, the interactive functionality it offers and any associated software (the “Site”) which includes ebook or audiobook samples, excerpts, snippets or full-length ebooks and audiobooks, , provided to you for free either without registration (samples, snippets, excerpts, catalogues, audiobook and ebook provisioned by schools and teachers, and open access books) or with registration (advance reading copies, complimentary reading copies and review copies), through the Jellybooks Cloud Reader or as an ebook (ePub) file specially modified by Jellybooks.
1.2 These Readers Terms form a legal agreement between you and us. Please read them carefully.
1.3 The Site is made available by Jellybooks Ltd, a private company incorporated and registered in England & Wales with company number 07503460 whose registered office is at 19 Villa Road, Ground Floor, London, SW9 7ND or one of its affiliates including Cloud Reading Technologies Ltd and Augmented Reading Technologies Ltd(“Jellybooks”, “we”, “us”, “our”). Our VAT registration number is: GB 128 7769 67.
1.4 By using the Site (and each time you do so) you are confirming that you understand and accept (and are able to understand and accept) these Readers Terms, and that you agree to be bound by them. If used by registered users, then the Site is only intended for individuals aged thirteen (13) years or older. We reserve the right to request proof of age at any stage so that we can verify your age. If you are under the age of eighteen (18) years old, you must review these Readers Terms with your parent or guardian, have them accept it on your behalf, as well as approve your use of the Site.
1.5 For information about how we process your personal data, please refer to our Privacy Policy (available here: https://www.jellybooks.com/book-pass/legal/privacy).
1.6 We may make alterations to these Readers Terms from time to time and these variations shall become effective immediately upon being accessible from this webpage. We will provide you with reasonable notice prior to making any changes to these Readers Terms. Your continued use of the Site after the publication of the revised Readers Terms, will be deemed your acceptance of the revised Readers Terms. If you do not wish to use the Site under the revised Readers Terms then you must stop using the Site immediately;
2. ACCOUNT REGISTRATION
2.1 The Site (and functionality made possible by the Site) allows you to read ebook or audiobook samples, excerpts or snippets or full-length ebooks and audiobooks provided to you.
2.2 In order to use certain parts of the Site, teacher and administrators will be required to create an account with us (“Account”) by submitting personal information and choosing a unique account name which will be your email address (“Username”), and a valid email address for your Account.
2.3 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account or any other use of your Username and Password.
2.4 You should not allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use by any other person. If you think any other person knows your Password, or your Account has been or is being used by any other person, you must inform us immediately.
2.5 We, in our sole discretion, have the right to refuse or allow you to register or subscribe to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription to the Site.
3. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
3.1 Subject to these Readers Terms and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use the Site.
3.2 This licence includes the limited right to access content, materials, data and communications temporarily, for purposes solely connected with use of the Site. You may not transfer, sub license or deal in this right without our prior written permission and you may not use material on and/or from the Site to create adaptations, derivative or other works unless you have express permission.
3.3 These Readers Terms and the rights granted by them do not give you any title or rights of ownership in the Site or any material on it and should not be deemed a sale or transfer of any copyright or other right.
3.4 Unless otherwise expressly specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in and to the Site or its content belong to and vest in us, or are licensed to us.
3.5 All intellectual property rights in and to any ebooks or audiobooks including samples, excerpts, snippets and full-length ebooks belong to and vest in their respective authors, publishers or licensors.
3.6 All our intellectual property rights are hereby asserted and reserved. All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.
4. RESTRICTIONS AND OBLIGATIONS
4.1 You agree to comply with these Readers Terms and all rules applicable to the use of the Site.
4.2 Notwithstanding any other provision of these Readers Terms you agree and undertake not to:
4.2.1 hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or any part of it;
4.2.2 modify, adapt, import, copy, make derivative works of, distribute, transmit, publicly display, sublicense, sell, assign, lease, lend, rent, offer for sale or otherwise commercially exploit the Site or any content made available on or from the Site;
4.2.3 remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Site;
4.2.4 create software which mimics any data or functionality of the Site;
4.2.5 use or deal in the Site except as permitted by these Readers Terms;
4.2.6 use your access to the Site, or information gathered from it, for the sending of unsolicited bulk email;
4.2.7 make the Site or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to our Site or showing it to other people);
4.2.8 display, publish, copy, print, post or otherwise use the Site and the information contained therein for the benefit of any third party or web site;
4.2.9 copy or exploit any part of the Site or the content it contains other than as expressly permitted by these Readers Terms;
4.2.10 use or process the Site or any part of it unfairly or for any illegal or immoral purpose.
4.3 If you discover any material which you believe contravenes these Readers Terms please inform us with details of the page you found it on.
4.4 You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us. Notices that are applicable to all of our users may be made available on the Site. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site.
4.5 All emails sent by us and attachments thereto are intended for the addressee only.
5. CONTENT
5.1 If you believe that any content is made available on the Site in such a way that is offending, inappropriate, or inaccurate or that constitutes copyright infringement, then please contact us at [email protected] with the subject line “complaint” and the following information in the body of the email as applicable to your request:
5.1.1 a statement by you explaining which content is offending, inappropriate, or inaccurate and why;
5.1.2 an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
5.1.3 a description of the copyrighted protected content that you believe has been infringed upon;
5.1.4 a full description of where on the Site this content can be found (including the relevant URL);
5.1.5 your address, telephone number, and e-mail address;
5.1.6 a statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law; and
5.1.7 a statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
5.2 We shall use our reasonable endeavours to review your request and take, in our sole discretion, appropriate action with respect to such content.
6. EXTERNAL COMMUNICATIONS
6.1 The Site may enable the display third party content such as information of authors, publishers and reviews and ratings of ebooks or audiobooks (“External Communication”) without review or moderation by Jellybooks. The Site is therefore merely a conduit of External Communication.
6.2 The views expressed in any External Communication are the views of the individual authors and not those of Jellybooks unless specified otherwise by Jellybooks.
6.3 By using the Site you acknowledge that Jellybooks has no responsibility to review the content of any External Communication and that all External Communication is made available on the basis that Jellybooks is not required to exercise any control or judgement over External Communication.
6.4 If you submit data, messages, audio, video, textual or other content through the Site such as through submissions, reviews, comments, feedback or otherwise, you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any External Communication which you submit, worldwide in connection with the Site.
6.5 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Jellybooks has no way of telling if statements made in External Communications are true. You should therefore exercise some degree of caution when using any website. By using the Site you accept that you use the Site at your own risk.
7. LIABILITY
7.1 Save where expressly provided otherwise, we provide and maintain the Site for personal non-commercial use on an “as is” basis and are liable only to provide our services with reasonable skill and care.
7.2 External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and services other than the Site.
7.3 We give no other warranty in connection with the Site and to the maximum extent permitted by law, we exclude liability for:
7.3.1 any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which we have been made aware of;
7.3.2 the accuracy, currency or validity of information and material contained within the Site;
7.3.3 any interruptions to or delays in updating the Site;
7.3.4 any incorrect or inaccurate information on the Site;
7.3.5 the infringement by any person of any copyright or other intellectual property rights of any third party through any use of the Site;
7.3.6 the availability, quality, content or nature of External Sites;
7.3.7 any transaction with third parties or involving External Sites;
7.3.8 any ebooks or audiobooks including samples, excerpts, snippets or full-length ebooks and audiobooks;
7.3.9 any External Communication;
7.3.10 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site;
7.3.11 all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
7.4 We do not warrant that the operation of the Site will be uninterrupted or error free.
7.5 If you are using the Site for purposes wholly or mainly outside your trade, business or profession, or are otherwise deemed a consumer, then we warrant that the Site will: (a) operate as described; (b) be provided using our reasonable care and skill; and (c) to the extent it includes delivery by us of digital content to you (excluding External Communications), not damage your device as a result of us failing to use reasonable care and skill (and if it does, then you may be entitled to ask us to repair or replace that device).
7.6 Save where clause 7.5 applies, we will not be liable in any amount for failure to perform any obligation under these Readers Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
7.7 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
7.8 To the maximum extent permitted by law, we exclude our liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
7.9 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the greater of £10 and the amount paid by you to us (if any) under these Readers Terms in the 12 months immediately prior to the date upon which the cause of action arose.
7.10 You agree that in relation to your use of the Site you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Site into disrepute.
7.11 You hereby indemnify (agree to compensate), defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Readers Terms or claims arising from your use of the Site. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
8. TERMINATION
8.1 Without limiting to any other rights we may have we may remove, restrict, cancel or suspend access to and use of the Site and any part of it, if we consider (in our sole discretion) that you have breached of any of these Readers Terms.
8.2 Your and our accrued rights and remedies will survive termination of these Readers Terms for any reason.
8.3 Clauses 1, 3, 4, 7, 8 and 9 shall survive termination for any reason.
9. GENERAL
9.1 These Readers Terms constitute the entire agreement between you and us relating to your use of the Site, to the exclusion of any other terms.
9.2 These Readers Terms are subject to your applicable statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall they exclude or limit our liability for death or personal injury resulting from our negligence, nor any fraudulent acts or representations.
9.3 Use of the word “including” in these Readers Terms means including without limitation.
9.4 Failure to enforce any of these Readers Terms will not be deemed a waiver of any term or right.
9.5 If any part of these Readers Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
9.6 These Readers Terms do not confer any rights on any person or party (other than the parties to these terms of use and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.7 You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Readers Terms, without the prior written consent of Jellybooks.
9.8 To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Site, and these Reader Terms are subject to English law.
9.9 These Readers Terms are subject to the laws of England and Wales and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Readers Terms (including non-contractual disputes or claims). Notwithstanding the foregoing, if you are using the Site within the European Union or United Kingdom as a consumer, for purposes other than your business, trade, craft or profession, then you may be entitled to issue legal proceedings either in England and Wales, or in the country where you are normally resident.
10. CONTACT INFORMATION
All questions, comments or enquiries should be directed to us at [email protected].