These Terms of Service apply to the TheClassBooks web site located at www.TheClassBooks.com, and all associated sites
linked to www.TheClassBooks.com by TheClassBooks, its subsidiaries and affiliates, (the “Site”) and related
services,
applications, domains and networks offered by TheClassBooks, which is a platform for creating and selling
publications on line as well as other add-on services, including, but not limited to, custom domain linking,
storage upgrades, and custom applications, collectively constitute the “Service(s)”. The Site
and Services
are owned and operated by TheClassBooks (referred to herein as “TheClassBooks”, “We”, “us”).
The Services provide you the capability to order and subscribe to various
magazines, books, news, magazine and publication-related content (collectively known as "Publications") and
to have these digital versions of the Publications delivered to you. TheClassBooks reserves the right to
immediately terminate your access to the Site or Services, if you do not comply with these Terms.
Creating an account with TheClassBooks or otherwise using the Service will signify that you (“you”, “your” or
“Customer”) have read, understood, and agree to be bound by these Terms, certify that you are at least 18
years of age and agree to comply with all applicable laws and regulations. These Terms constitute a binding
agreement between you and TheClassBooks. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO
NOT USE THE SITE. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY
OF THECLASSBOOKS, SO PLEASE READ THESE TERMS IN THEIR ENTIRETY.
Depending on which Service you use, additional terms and policies (including rules, guidelines and other
similarly named documents) presented with those Services may apply (“Additional Terms”).
Those Additional Terms become a part of your agreement with us if you use those Services. We refer to the
combination of these Terms of Service and any applicable Additional Terms collectively as these “Terms”.
BY CHECKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE THECLASBOOKS SERVICE,
YOU CONSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
“Digital Content” as used herein means the digital content such as PDF files and Word
documents, images, photos and other multi-media files provided by you to TheClassBooks.
“Digital Book Subscriptions” is defined as the digital publishing service offered to
you by TheClassBooks whereby you authorize TheClassBooks to sell, distribute and promote your Digital Content.
“Digital Book” as used herein means the collection of your Digital Content which TheClassBooks
adapts, compiles and modifies into its proprietary format, to be distributed to the End-User.
“End User” is defined as the end-user who has access to your Digital Magazine, either on a
paid subscription basis or provided free or private basis .
“Materials” is defined as the visual interfaces, graphics, design, compilation,
information, computer code (including source code or object code), products, software, services, and all
other elements of the TheClassBooks Service.
“Premium Plan Subscriptions” is defined as the digital publishing services offered to you
by TheClassBooks for a recurring fee.
“Third Party Content” as used herein means the digital content such as PDF files and Word
documents, images, photos and other multi-media files provided by third party users of the TheClassBooks Service.
If you have been issued an account by TheClassBooks in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You are responsible for all activity occurring in your account whether or not you authorized that activity (excluding activity that TheClassBooks is directly responsible for which is not performed in accordance with the Customer’s instructions). If you become aware of any unauthorized access to your account, you should notify TheClassBooks immediately. Accounts may not be shared and may only be used by one individual per account except as described in Section 1.4 and 1.5 below.
TheClassBooks occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
TheClassBooks may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
Several Premium Plan Subscriptions allow you to add users to your Account and specify roles for them, such as Editor, Content Writer, etc. You may invite a person to join your Account through the Admin Console. Upon acceptance of an invitation, the person will receive access to your Account based on the role specified.
The end user can use the Service with, at most, three different devices. The site takes memory of all devices through the user connects to the Service and maintain an associated list on connected devices that the user can access in his private account. Once the user reaches three different connected devices it will be not possible to access the Service by using a new device. In such cases it will be necessary to open a new account to the Site.
It is not allowed to access the Service using two different devices connected to the same account. The Site will deny the access to the Service if the user is loged in using a different device.
If you are using or opening this account with TheClassBooks on behalf of a company, entity, or organization including your subsidiaries and affiliates (collectively, a “Subscribing Organization”) then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to lawfully bind such organization to these Terms; and agree to these Terms on behalf of such Subscribing Organization
TheClassBooks also provides a platform for the sale of subscriptions and individual issues of digital books (such Services collectively referred to herein as “Digital Book Subscriptions”) and the following rules and restrictions apply.
TheClassBooks may display Digital Books for sale in several currencies, however Customer will always be paid in U.S. Dollars.
TheClassBooks will handle the administration of Digital Book Subscriptions sales, however payments will be not processed by TheClassBooks but will be handled by GumRoad.com, Inc. (www.gumroad.com) who helps creators take control of their creative careers. Any bill or receipt is handled by GumRoad.com
If the purchaser of the Digital Books is located in a region which charges sales tax or value added taxes for such Digital Books, TheClassBooks may add sales tax and VAT to the sale price of such Digital Book. You will be responsible for all other taxes, including taxes on your net income, corporate franchise taxes and the like.
TheClassBooks will be responsible only for all customer service issues, including technical questions/issues related to Digital Book Subscriptions with End Users.
In the course of using the Services, you may submit content to TheClassBooks (including your personal data, personal data of others and Digital Content, hereafter referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. TheClassBooks’s Privacy Policy details how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that TheClassBooks may use and share your Content in accordance with our Privacy Policy.
TheClassBooks will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes generally available to the public (other than through breach of these Terms by TheClassBooks); (b) was already known to TheClassBooks or in its possession before receiving it from you; (c) is received by TheClassBooks from a third party without knowledge of or breach of any confidentiality obligation owed to you; or (d) was independently developed by TheClassBooks without reference to your Content.
You retain ownership of all of your intellectual property rights in your Content. TheClassBooks does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
You hereby grant to TheClassBooks a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, adapt, modify and reformat, distribute, and otherwise exploit your Digital Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Digital Content through the TheClassBooks Service. The foregoing license includes the right for TheClassBooks to convert your Digital Content to TheClassBooks’s proprietary format, or such other file formats as may be used by TheClassBooks, and to display and make your Digital Content available, in whole or in part, on the TheClassBooks Service in association with other content and advertising that may appear on the TheClassBooks Service. The foregoing license granted by you terminates as to a specific Digital Content once you remove or delete such Digital Content from the TheClassBooks Service or your Service is terminated.
You represent and warrant that your Digital Content does not and will not: (i) 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 or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Digital Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the TheClassBooks Service. Violators of these third-party rights may be subject to criminal and civil liability. TheClassBooks reserves all rights and remedies against any users who violate these Terms.
TheClassBooks has the right to use your names and logos for marketing or promotional purposes. In addition, you warrant that you have the right to authorize TheClassBooks to use the trademarks and logos of the magazine brands for advertising and marketing purposes as part of providing the Services to you.
It is TheClassBooks's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. TheClassBooks will promptly terminate without notice your access to the TheClassBooks Service and remove your infringing Digital Content as reasonably determined by TheClassBooks.
The Services display content provided by third parties which is not owned by TheClassBooks. Such third party content is
the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own
Content and you must ensure that you have all the rights and permissions needed to use that Content in
connection with the Services.
TheClassBooks is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating
to such Third Party Content. You further understand and acknowledge that you may be exposed to Third Party
Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby does waive,
any legal or equitable rights or remedies you may have against TheClassBooks with respect thereto. TheClassBooks does not
endorse any Third Party Content or any opinion, recommendation or advice expressed therein, and TheClassBooks expressly
disclaims any and all liability in connection with Third Party Content. If notified by a content owner of Third
Party Content that allegedly does not conform to these Terms, TheClassBooks may investigate the allegation and
determine in its sole discretion whether to remove the Third Party Content, which it reserves the right to do at
any time and without notice. For clarity, TheClassBooks does not permit copyright infringing activities on the TheClassBooks
Service
You acknowledge that, in order to ensure compliance with legal obligations, TheClassBooks may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, TheClassBooks otherwise has no obligation to monitor or review any content submitted to the Services.
TheClassBooks may publish links in its Services to internet websites maintained by third parties. TheClassBooks does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
You must use the Services in compliance with, and only as permitted by, applicable law.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
In any moment you want to terminate the service it is possible to delete your account by using the appropriate link in your private area. It remains clear that all subscribed books in the library area cannot be accessed after the termination of the user account.
TheClassBooks may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes liability to us or disrupts others’ use of the Services. TheClassBooks may also suspend providing the Services to you if we are investigating suspected misconduct by you. However, there may be time sensitive situations where TheClassBooks may decide that we need to take immediate action without notice. TheClassBooks has no obligation to retain your Content upon termination of the applicable Service and you agree that TheClassBooks will not be liable to you or any third party for any such termination.
If TheClassBooks stops providing the Services to you because you repeatedly or egregiously breach these Terms, TheClassBooks may take measures to prevent the further use of the Services by you, including blocking your IP address.
TheClassBooks may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted on the TheClassBooks website. TheClassBooks may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes. If you do not want to agree to any changes made to the Terms for a Service, you should stop using that Service.
TheClassBooks constantly changes and improves the Services. TheClassBooks may add, alter, or remove functionality from a Service at any time without prior notice. TheClassBooks may also limit, suspend, or discontinue a Service at its discretion. If TheClassBooks discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. TheClassBooks may remove Content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
THECLASSBOOKS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THECLASSBOOKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THECLASSBOOKS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THECLASSBOOKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THECLASSBOOKS SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THECLASSBOOKS FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of
contract, tort, negligence or any other cause of action.
To the maximum extent permitted by law, in no event will TheClassBooks be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if TheClassBooks has been
advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, TheClassBooks is found to be liable to you for any damage or
loss which arises out of or is in any way connected with your use of the Site or any Content, TheClassBooks’s liability
shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any
Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against
TheClassBooks, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation
may not apply to you.
You may not use or export or re-export any content or any copy or adaptation of such content, or any product or
service offered on the Site, in violation of any applicable laws or regulations, including without limitation
United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be
void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain
in full force and effect. These Terms constitute the entire agreement between you and TheClassBooks with regard to your
use of the Site and the Services, and any and all other written or oral agreements or understandings previously
existing between you and TheClassBooks with respect to such use are hereby superseded and cancelled. Other than as
provided in a purchase agreement you enter into with TheClassBooks, TheClassBooks will not accept any counter-offers to these
Terms, and all such offers are hereby categorically rejected. TheClassBooks’s failure to insist on or enforce strict
performance of these Terms shall not be construed as a waiver by TheClassBooks of any provision or any right it has to
enforce these Terms, nor shall any course of conduct between TheClassBooks and you or any other party be deemed to
modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or
remedies on any third parties.
Any feedback you provide at this site shall be deemed to be non-confidential. TheClassBooks shall be free to use such
information on an unrestricted basis.
ClassBooks