Classicly.com Terms of Service
The effective date of these Classicly.com. Terms of Service is June 17, 2011.
1. ACCEPTANCE OF TERMS
Thanks for using Classicly.com to share and enjoy what you read! Our basic service is free, and we offer paid upgrades for advanced features such as audio books and ad-free usage. Our service is designed to give you broad control and ownership over what you publish on your site and we encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your Content (as defined below) or get linked to or from your Content (e.g., spam, viruses, or hate Content).
Digital Press Publishing, s.r.o., a Slovak Republic corporation (DPP), provides the Classicly Service, including without limitation the Classsicly Site and the Classicly Apps (each as defined below, to you subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Classicly Service (collectively, these "Terms").
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE CLASSICLY SITE OR CLASSICLY APPS, OR ANY OTHER PART OF THE CLASSICLY SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE CLASSICLY SERVICE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY CLASSICLY REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time. We will provide notice of any modification to these Terms either by changing the effective date listed above, by posting a notice on the Classicly Service (via the Classicly Site or the Classicly Apps), or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Classicly Service constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
2. THE CLASSICLY SERVICE
DPP provides users with access to a rich collection of on-line resources and content, including without limitation, (i) the www.classicly.com website and other related websites and subdomains (the Classicly Site); (ii) free books, free audiobooks, web-based and mobile applications for free books and free audiobooks (e.g. the Free Books for iPhone app, the Free Books for iPad app, the Free Audiobooks for iPhone app, the Audibly for iPhone app, the Classicly HD for iPad app, and the Classicly for iPhone app), and paid upgrades available via the Paid Service (as defined below) (the Classicly Apps); and (iii) related products and services available at the Classicly Site and/or through the Classicly Apps, apps stores or other channel partners, including the Paid Service (as defined below) (collectively with the Classicly Site and the Classicly Apps, the "Classicly Service"). These Terms govern all use of the Classicly Service, including the Classicly Site and the Classicly Apps, and all content and services available at or through the Classicly Service and/or apps stores or other channel partners. Unless explicitly stated otherwise, any new features that enhance the current Classicly Service shall be subject to these Terms.
In order to use the Classicly Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: (i) use the Classicly Service to post Content (as defined below) to the Classicly Site, the Classicly Apps, or other componetns of the Classicly Service; (ii) download, read, and listen to Content; (iii) share Content with other users and individuals not using the Classicly Service; (iv) highlight portions of Content, take notes on portions of Content, share those highlighted and noted portions of Content, review Content, rate Content, and discuss the ratings and reviews of other users; (v) import Content into the Classicly Service, subject to these Terms, and the rules, limitations, and regulations surrounding Content within the jurisdiction of this Agreement; (vi) sendContent to individuals whether or not using the Classicly Service at the time of sending (which recipientÕs usage of such Content shall be subject to these Terms); (vii) receive Content from other individuals (which usage of such Content by you shall be subject to these Terms); (viii) like Content within the Classicly Service (which act of liking shall be public to other individuals); (ix) comment on Content, discuss and vote upon Content; interact with Content, search Content; and (x) and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, links, and other materials available via the Classicly Service, and other items displayed on the Classicly Service ("Content"), in each case for your own non-commerical, personal, non-competitive use. You may not copy or distribute any portion of the Classicly Service (including without limitaton, the Classicly Site, the Classicly Apps, and the Content) for any purpose not authorized above without the express written permission of DPP. DPP does not control the Content posted by third parties via the Classicly Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL DPP BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE CLASSICLY SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. DPP reserves all rights with respect to the Classicly Service not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Classicly Service (including without limitation the Classicly Site and the Classicly Apps). If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Classicly Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you do not so qualify, do not use any portion of the Classicly Service. Membership in the Classicly Service is void where prohibited by applicable law, and the right to access the Classicly Service is revoked in such jurisdictions. You must be 13 years of age or older to use the Classicly Service, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Classicly Service (including without limitation the Classicly Site and the Classicly Apps), you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Classicly Service is administered in the United States of America and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Classicly Service (including without limitation the Classicly Site and the Classicly Apps).
3. REGISTRATION OBLIGATIONS
In consideration of use of the Classicly Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Classicly Service's registration form (such information being 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, or DPP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DPP has the right to suspend or terminate your account and refuse any and all current or future use of the Classicly Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a DPP business site that you are not legally entitled to claim, DPP will be entitled to collect liquidated damages of $1,000 per violation or actual damages incurred by DPP from you. You understand and agree that the Classicly Service may include certain communications from DPP, such as service announcements, administrative messages, and the DPP Newsletter, and that these communications are considered part of the Classicly Service by default. However, you may opt out of receiving these communications, and DPP will end your enrollment within 120 hours of receiving your opt out.
5. USER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not DPP, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Classicly Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Classicly Service (and to grant DPP the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Classicly Service complies in all respects with the Terms. DPP does not control the Content posted via the Classicly Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Classicly Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Classicly Service (including without limitaton the Classicly Site and the Classicly Apps), you agree not to:
a. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
c. Post information that is pornographic or sexually explicit in nature;
d. Post false or intentionally misleading information;
e. Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by DPP;
f. Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
g. Impersonate any person or entity, including, but not limited to, a DPP official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Classicly Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
i. Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
j. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Classicly Service (including without limitation the Classicly Site and the Classicly Apps) or in any Content;
k. Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
l. Interfere with or disrupt the Classicly Service or servers or networks connected to the Classicly Service, use any device, software, or routine that interferes with the proper working of the Classicly Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Classicly Service;
m. Intentionally or unintentionally violate any applicable local, state, national, or international law;
n. "Stalk" or otherwise harass another user, individual, merchant, student, or instructor;
o. Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
p. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Classicly Service and/or Content;
q. Create or submit unwanted email or messaging ("Spam") to any other DPP user or otherwise interfere with the enjoyment of other Members or Users of the Classicly Service or the Content;
r. Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Classicly Service (including without limitation the Classicly Site and the Classicly Apps) and/or the Content;
s. Access, retrieve, or index any portion of the Classicly Service and/or Content for purposes of constructing or populating a searchable database of reviews, content, interactions, or collections;
t. Reformat or frame any portion of the web pages that are part of the Classicly Service and/or Content;
u. Create user accounts by automated means or under false or fraudulent pretenses;
v. Use the Classicly Service or Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in DPPÕs sole discretion, an unreasonable or disproportionately large load on DPPÕs IT infrastructure; or
w. Copy or store any Content offered on or through the Classicly Service for any purpose other than your own non-commerical, non-competitive, personal use;
You understand and agree that DPP may review and delete any Content that in the sole judgment of DPP violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Classicly Service and/or other website users. You are solely responsible for your Content posted on the Classicly Service. DPP reserves the right, but has no obligation, to monitor disputes between you and any other user of the Classicly Service.
In addition, you agree that all hyperlinks and other offers comprising the Classicly Service (e.g., hyperlinks provided in connection with DPP's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by DPP.
6. CONTENT SUBMITTED TO DPP
DPP does not claim ownership of the Content you upload, post, or otherwise disclose or distribute on the Classicly Service. By uploading, submitting or otherwise disclosing or distributing Content of any kind on the Classicly Service (including without limitation the Classicly Site and the Classicly Apps), you:
a. Grant to DPP, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Classicly Service, including without limitation, any concepts, ideas, or know-how embodied therein;
b. Represent and warrant to DPP that:
● you own or otherwise control all rights to such Content (including the ability to grant DPP this license) and that disclosure and use of such Content by DPP (including without limitation, publishing Content to the Classicly Service) or by users of the Classicly Service (including without limitation, downloading, interacting with, copying and use of the Content) will not infringe or violate the rights of any third party (including without limitation copyrights, patent, trademark or trade secret rights);
● If your employer has rights to Content you create, you have either (i) received written permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
● You have fully complied with all third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; and
c. Acknowledge that the Content will not be treated confidentially.
You agree not to provide DPP with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that DPP does not pre-screen Content, but that DPP and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Classicly Service. Without limiting the foregoing, DPP and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable (in DPPÕs sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold DPP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Classicly Service, (c) your connection to the Classicly Service, (d) your violation of these Terms, or (d) your violation of any rights of another person.
8. PAYMENT AND RENEWAL FOR UPGRADE SERVICES
We offer paid upgrades for access to portions of the Classicly Service with advanced features such as audio books and ad-free usage, and accordingly we charge and collect fees in advance for certain products and services in connection with the Classicly Service (the Paid Service). If you select a Paid Service, you acknowledge and agree that the Paid Service will be provided on a monthly basis and shall automatically renew at the end of each designated period unless either party requests a change to your subscription plan or its termination. A recurring billing charge will be automatically issued to you at the end of each month for the applicable license fees consistent with the subscription plan that you select. Payment shall be by credit card, iOS In App Purchase, or other payment method offered by DPP or its channel partners. You agree to pay the applicable subscription license fees for your account in accordance with the license fees and billing terms in effect at the time the fees are due and payable. The Paid Service license fees are nonrefundable.
Local and State Taxes
Billing amounts are exclusive of all taxes, levies, or duties that may be imposed by taxing authorities having jurisdiction over your access location. Due to the mobility of access to the Classicly Service, you acknowledge and agree to be responsible for the payment of such taxes, levies, or duties, if any.
You must contact DPP in writing (including email) within 30 days of receiving an invoice or billing receipt containing the amount in question in order to be eligible to receive a credit or adjustment. Your continued use of any DPP product or service after any contacting DPPÕs customer service department may invalidate any claim for credit or reimbursement of charges. The maximum credit that a Customer shall be entitled shall be determined by DPP.
In the event your account becomes overdue, DPP reserves the right to suspend the Classicly Service provided to you unless alternative arrangements have been agreed to in advance in writing. You acknowledge and agree that suspension of your account will deny you access to the Classicly Service until delinquent accounts are paid in full. In addition to the rights granted herein, DPP reserves the right to terminate your access to the Classicly Service in accordance with the Terms set forth herein. In the event that you stop or void any payment to DPP, claim a credit for credit card payments for Classicly Services already used, or in any way impede DPPÕs ability to collect funds for Classicly Services already rendered, DPP shall be entitled to interest in the amount of 1.5% per month, plus DPP shall be entitled to recovery of all collections costs and attorneyÕs fees.
Termination of Paid Service
You or DPP may terminate the Paid Service by notifying the other party via the DPP Cancelation process at any time prior to the beginning of the next billing cycle. Upon termination of the Paid Service for any reason, you will immediately cease all use of the Paid Service. After termination, DPP will terminate your access to the Paid Service. DPP will reactivate your access to Paid Service available to you if you decide to reactivate your account by paying DPP the applicable license fees.
DPP, or its designee(s), shall provide E-mail support during normal business hours (9:00 AM to 5:00 PM Pacific Standard Time) Monday-Friday, except on holidays. DPP can be contacted via firstname.lastname@example.org.
9. MODIFICATION AND TERMINATION
You agree that DPP may, in its sole discretion and without notice, terminate your password, your use of the Classicly Service, and remove and discard any Content within the Classicly Service, for any reason, including, without limitation, for lack of use or if DPP believes that you have violated or acted inconsistently with the letter or spirit of these Terms. DPP may also, in its sole discretion and at any time, discontinue providing or modify the Classicly Service, or any part thereof, with or without notice. You agree that any termination of your access to the Classicly Classicly Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that DPP may immediately deactivate or delete Content uploaded by you to the Classicly Service and all related information and files on the Classicly Service and/or bar any further access to such Content, information and files, or the Classicly Service. Further, you agree that DPP shall not be liable to you or any third-party for any modification of the Classicly Service termination of your access to the Classicly Service.
DPP runs advertisements and promotions on the Classicly Service. By uploading Content to the Classicly Service, you agree that DPP has the right to run such advertisements and promotions in connection with such Content. The manner, mode and extent of advertising by DPP on the Classicly Service are subject to change in the sole discretion of DPP.
The Classicly Service may provide, or third parties may provide, links to other World Wide Web sites, applications, products, email addresses, and resources. Because DPP has no control over such sites,applications,products, email addresses, and resources, you acknowledge and agree that DPP is not responsible for the availability of such external sites, applications, products, email addresses, or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DPP SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
12. DPP PROPRIETARY RIGHTS
You agree that all Content and materials delivered via the Classicly Service or otherwise made available by DPP are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by DPP in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a copy of the materials or Content at the Classicly Service solely for your non-commercial, non-competitive personal use; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Classicly Service to create or compile, directly or indirectly, a collection, database or directory without written permission from DPP is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $20,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the Classicly Service for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of DPP. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Classicly Service and any necessary software used in connection with the Classicly Service, including without limitaton the Classicly Site and the Classicly Apps (collectively, "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. DPP grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single device; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Classicly Service. You agree not to access the Classicly Service by any means other than through the interface that is provided by DPP for use in accessing the Classicly Service. DPP hereby reserves all rights not otherwise expressly granted in this Section 12.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE CLASSICLY SERVICE, INCLUDING WITHOUT LIMITATION THE CLASSICLY SITE AND THE CLASSICLY APPS, IS AT YOUR SOLE RISK. THE CLASSICLY SERVICE, INCLUDING WITHOUT LIMITATION THE CLASSICLY SITE AND THE CLASSICLY APPS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. DPP MAKES NO WARRANTY THAT (i) THE CLASSICLY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CLASSICLY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLASSICLY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CLASSICLY SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CLASSICLY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DPP OR THROUGH OR FROM THE CLASSICLY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU ARE ADVISED THAT DPP DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE CLASSICLY SERVICE. IT IS UP TO YOU TO CHOOSE THE PROVIDER BEST SUITED FOR YOUR NEEDS.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL DPP (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF DPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either electronic communication, email, or regular mail. The Classicly Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Classicly Service.
17. COPYRIGHT DISPUTE POLICY
DPP has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of DPP's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
● DPP Policy
It is DPP's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
● Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Classicly Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that DPP is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
● Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is DPP's policy:
● to remove or disable access to the infringing material;
● to notify the Content provider, member or user that it has removed or disabled access to the material; and
● that for repeat offenders, DPP will also terminate such Content provider's, member's or user's access to the Classicly Service.
● Procedure to Supply a Counter-Notice to the Designated Agent If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which DPP is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, DPP may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at DPP's discretion.
● Address for Designated Agent. Please contact DPP's Designated Agent to Receive Notification of Claimed Infringement at the following address:
- Martin Pavelek
- Copyright Agent, Digital Press Publishing, s.r.o.
- Sabinovska 8, 821 02 Bratislava, Slovak Republic
- Phone: (209) 336-3905
- Email to: email@example.com
18. GENERAL PROVISIONS
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and DPP and govern your use of the Classicly Service (including without limitation the Classicly Site and the Classicly Apps), superseding any prior agreements between you and DPP (including, but not limited to, any prior versions of these Terms). These Terms and the Classicly Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with DPP's prior written consent. DPP may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other DPP services, third-party Content or third-party software. These Terms and the relationship between you and DPP shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and DPP agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington. The failure of DPP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Classicly Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
19. VENUE ONLY
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Classicly Service, such activity is solely between you and the applicable third party. DPP shall have no liability, obligation or responsibility for any such activity. You hereby release DPP from all claims arising from such activity.
19. TRADEMARKS AND COPYRIGHTS
DPP, the DPP logo, Classicly.com, Free Books for iPhone, Free Audiobooks for iPhone, Free Books for iPad, Books for iPhone, Audiobooks for iPhone, Classicly for iPhone, Classicly for iPad, and the Classicly.com logo proprietary service marks of Digital Press publishing, s.r.o. ©2007-2013 Digital Press Publishing, s.r.o. All rights reserved.
20. MANDATORY ARBITRATION
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND DPP AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE SLOVAk REPUBLIC, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE SLOVAK REPUBLIC.
21. BREACH OF TERMS OF SERVICE
By using the Classicly Service and/or Content, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause DPP great and irreparable injury and damage. Accordingly, you agree that DPP shall be entitled, without waiving any additional rights or remedies otherwise available to DPP at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms to us at firstname.lastname@example.org.