Bestsharer Terms and Conditions of Use
Effective date: 30 June 2011.
This document (the "Agreement") is a legally binding agreement between you and Bestsharer S.L., a company registered in Spain, in the Mercantile Registry of Madrid, Volume 27758, folio 40, page M 500209, entry ("Bestsharer") that governs your use of 24symbols web and iPad applications as defined in Section 3 ("24symbols"). 24symbols can be accessed by users in two different ways: as an ad-supported service where users do not have to pay, with a catalog full of free access books, with ads, and where the user needs to be constantly connected to the internet (the "Free Service"), and as an ad-free catalog (which might have more books than the free catalog) including an offline service that enables users to read books without being connected to internet, plus additional features; to achieve this, users pay a monthly, quarterly or yearly subscription (the "Premium Service")
The Free Service and the Premium Service will be referred throughout this document as the "24symbols Service". You must read and agree to the terms and conditions of this Agreement before you use 24symbols or the 24symbols Service. If you do not agree with the terms and conditions of the Agreement, you cannot use 24symbols or the 24symbols Service.
Changes to the End-user License Agreement
Bestsharer might need to make changes to this Agreement in the future, and at any time. Any material changes will be communicated to you and your acceptance of and / or continued use of 24symbols or the 24symbols Service after such notification of changes to this Agreement will constitute your acceptance of such changes.
You are granted a limited, non-exclusive, revocable license to make personal, non-commercial use of 24symbols (including a right to download said application in Apple iPad) and the 24symbols Service and to consume the books made available through the 24symbols Service; this reception can be via constant connection to the Internet or, for users subscribed to the Premium Service, via offline reading achieved through synchronization of book content between the 24symbols web interface or Apple iPad device application, and the 24symbols servers. You do not have a right to transfer or sublicense your rights under this Agreement.
24symbols Premium Service
If you agree to pay the fee to access the 24symbols Premium Service, such fee will be charged by the company designated by BestSharer in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of that card. All prices stated on the 24symbols Website include VAT (where applicable) and other applicable taxes and fees.
The Premium Service requires the temporary download of content that is kept encrypted in the user's reading devices in order to be locally consumed as long as the user maintains a Premium Service subscription. In any case, you are not granted any type of ownership of this content, as the relationship with you is the one between a user and the 24symbols Service. That is, the licence granted in Section 3 still stands on the downloaded content.
Recall of Content
BestSharer offers content which copyright belongs to Business Partners (e.g. Publishers). Business Partners have the right to recall their content with a well-defined warning notice to BestSharer, as determined by the contract signed by both BestSharer and the Business Partner. When content is to be recalled, BestSharer will do its best to warn users about this situation as soon as possible, and specially to those who have the content in their folders, or are currently reading it, but cannot prevent it from happening.
Bestsharer may change the price for the 24symbols Premium Service from time to time. Any price change will take effect for a current Premium Service user after the current subscription period has expired (that is, the term that you have already paid for). If you do not wish to be bound by such changed price relating to your 24symbols Premium Service you may terminate your subscription of your 24symbols Premium Service in accordance with Section 13 (Term and termination). Your continued use of the 24symbols Premium Service after the communication of such price change to you constitutes an acceptance of such new price.
Automatic subscription renewal
Your subscription to the 24symbols Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 13 (Term and termination). Such renewal will be by the same term of your last subscription (e.g. if you subscribed for six months, the renewal will be for another six months). If you would like to renew for a different term, then please log into your account on the 24symbols Website. At the time of renewal the payment method you have designated to be charged for the purchase of the 24symbols Premium Service will automatically be charged with the applicable amount.
Social Capabilities of 24symbols
24symbols has features that allow you to make your profile publicly available, share links to books and book passages with other users of the 24symbols Service and integrate your activities on the 24symbols Service with functionality offered by third party social networking services, such as, but not limited to, Facebook and Twitter (“Social Reading in 24symbols”). You may choose whether to use the features of Social Reading in 24symbols or not. If you use Social Reading in 24symbols, you must respect other users of the 24symbols Service in your interactions with them. 24symbols reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behaviour will result in your account being terminated and you being blocked from accessing the 24symbols Service. Some examples of unacceptable behaviour include, but are not limited to:
- giving your public book folders offensive, abusive, defamatory, pornographic or obscene titles;
- harassing or harshly offending other users; or
- spamming other users through the inbox, or using automated means to artificially promote content
Restrictions of use
You agree to take all reasonable care to prevent unauthorized use of 24symbols and the 24symbols Service and its content. In addition, you agree that you may not:
- copy, reproduce, "screen scrap", store, make available to the public or otherwise use any part of 24symbols or the 24symbols Service or its content (including, but not limited to images and text) in a manner not expressly permitted under this Agreement;
- resell any code used to access the 24symbols Premium Service;
- provide your password to any other person or use any other person’s user name and password;
- reverse-engineer, decompile, disassemble, modify or create derivative works based on 24symbols or the 24symbols Service or any part thereof;
- circumvent any technology used by 24symbols, its licensors, or any third party to protect content accessible through 24symbols and the 24symbols Service;
- rent or lease any part of 24symbols or the 24symbols Service;
- use 24symbols or the 24symbols Service in a way that violates the terms of this Agreement;
- circumvent any territorial restrictions applied by 24symbols; and
- artificially increase read or share count, or otherwise manipulate 24symbols or the 24symbols Service by using a script or other automated process
Advertising and use of computational resources
As consideration for your rights under this Agreement, you agree that
- BestSharer and its business partners have a right to provide advertising and other information to you in relation to 24symbols and the 24symbols Service, and that
- Bestsharer has a right to allow 24symbols and the 24symbols Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features between 24symbols and you.
If you have any questions concerning 24symbols, the 24symbols Service or this Agreement, please contact customer service by sending an electronic mail to firstname.lastname@example.org.
Term and termination
This Agreement will become effective in relation to you when you have ticked the "I agree" box when creating a 24symbols account or when you start using 24symbols or the 24symbols Service and will remain effective until terminated by you or BestSharer. You may cancel your subscription of the 24symbols Premium Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). This means that BestSharer will not refund any remaining portion of subscription fees you have already paid for. BestSharer reserves the right to terminate this Agreement or suspend your 24symbols account at any time in case of unauthorised, or suspected unauthorised use of 24symbols and the 24symbols Service whether in contravention of this Agreement or otherwise. If BestSharer terminates this Agreement, or suspends your 24symbols account for any of the reasons set out in this section, BestSharer shall have no liability or responsibility to you, and BestSharer will not refund any amounts that you have previously paid.
The use of 24symbols and the 24symbols Service (including but not limited to its content) is at your own risk. 24symbols and the 24symbols Service is provided on an "as is" and "as available" basis. To the fullest extent possible under applicable law, BestSharer gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of 24symbols or the 24symbols Service. In addition, BestSharer does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through 24symbols or the 24symbols Service or any hyperlinked website (including those websites hyperlinked in the Purchase Service), or featured in any banner or other advertising. Consequently BestSharer will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the 24symbols Service including those transactions related to the Purchase Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from BestSharer shall create any warranty on behalf of BestSharer in this regard.
Limitation of liability
In no event shall BestSharer, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use 24symbols or the 24symbols Service (including but not limited to its content), even if you have advised BestSharer about the possibility of such loss, and including any damages resulting therefrom.
Your only right with respect to any problems or dissatisfaction with 24symbols and the 24symbols Service is to uninstall 24symbols and to stop using the 24symbols Service.
You agree to indemnify and hold BestSharer and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
BestSharer respects intellectual property rights, and expects you to do the same. Please note therefore that 24symbols, the 24symbols Service and the content provided through the 24symbols Service is the property of BestSharer or BestSharer's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use 24symbols or the 24symbols Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the 24symbols service. This means that, for instance, you may not copy any content from 24symbols or the 24symbols Service except under the cases accepted in Agreement.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through 24symbols or the 24symbols Service.
Technology limitations and modifications
BestSharer will make reasonable efforts to keep 24symbols and the 24symbols Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. BestSharer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of 24symbols and the 24symbols Service with or without notice.
Assignment by BestSharer
BestSharer may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
Governing law and disputes
This Agreement shall be governed and construed in accordance with the laws of the country of Spain. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to the Spanish Courts in Madrid.
English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.