PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS APPLICATION. BY USING THIS APPLICATION, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT — USE THIS APPLICATION.
Welcome to SpoonRead, a mobile application operated by SpoonRead Inc. (“SpoonRead”) that provides users with access to discover, read, purchase, and guide others through literary works and other content from content providers through multiple electronic interfaces including websites, mobile applications, web applications or “widgets”, and other applications and functionality related to the use and consumption of literary works and other content (the “Service” or “Services”). By registering with, accessing or using the Service you signify that you have read, understand and agree to be bound by these Terms of Service (these “Terms of Service” or this “Agreement”), whether or not you are a Customer (as defined below) of the Service.
You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and with this Agreement. SpoonRead reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If SpoonRead does this, SpoonRead will post the changes to these terms and conditions on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.
If you do not comply with this Agreement at any time, SpoonRead reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your Customer account, if any. In SpoonRead’s sole discretion and without prior notice or liability, SpoonRead may discontinue, modify or alter any aspect of the Service including, but not limited to:
(i) restricting the time the Service is available;
(ii) restricting the amount of use permitted; and
(iii) restricting or terminating any individual’s right to use the Service.
You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that SpoonRead may immediately deactivate or delete your Customer account, if any, and all related information and/or files in your user account and/or prohibit any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that SpoonRead shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by SpoonRead in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Customer account, as applicable.
2. Digital Content.
All literary works on the Service (each, “Digital Content”) are the exclusive property of the owner, publisher, or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use with no commercial or promotional use rights granted therein or as otherwise prescribed with licensing agreements made between SpoonRead and the publisher, licensor, and/or owner of the Digital Content. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. Restrictions may apply as to the amount of Digital Content available for download, storage, sharing, or other usage. Customers may not to disable or circumvent any related DRM and not to burn to disk any Digital Content. By downloading or otherwise accessing Digital Content from the Service, you hereby acknowledge and agree to these terms.
You may be offered certain Digital Content for a monthly fee, as a subscription or otherwise, as part of the Service. You may also be provided a free trial as part of the Service, at the end of which trial, SpoonRead will charge or debit the payment method provided at the time of your order for the amount and in the manner as provided at the time of your order. If you purchase or pay or for any portion of the Service, terms for cancellation will be provided at such time as the related purchase is made. No returns of any Digital Content shall be accepted after five (5) business days for any reason other than corrupt or defective files or issues related to payment processing (e.g. duplicate charges). In the event of you being provided a replacement version of any Digital Content, SpoonRead may provide you an updated version of that Digital Content, and you agree that SpoonRead has no obligation to provide replacements should such Digital Content become unavailable or commercially unreasonable to provide. You agree that you will not have concurrent access on more than two (2) simultaneous connections to the Digital Content and that no more than six (6) authorized, non-internet- connected reading devices may be registered and used at any time.
SpoonRead may also take steps to prevent fraud, such as restricting the amount of Digital Content that may be accessed at one time, and monitoring Customer accounts for any activity that may violate these Terms. If SpoonRead discovers any type of fraud, SpoonRead reserves the right to take enforcement action including the termination or suspension of any account. The Digital Content available to you may vary and SpoonRead makes no guarantees about the availability of such Digital Content. Your use of the Service may subject to additional terms which may vary from time to time, with such additional terms provided to you via email, on SpoonRead’s website, or through other means. Your continued use of the Service constitutes acceptance of any such rules related to such terms.
If you are a Customer then you agree to the following:
(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (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, SpoonRead has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
4. Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Customer.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without SpoonRead’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in SpoonRead’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”), are the proprietary property of SpoonRead or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SpoonRead’s prior written permission. Provided that you are eligible for use of the Service and subject to these Terms of Service, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of SpoonRead, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by SpoonRead at any time without notice and with or without cause.
C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted SpoonRead the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user’s personal use. You grant SpoonRead the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to SpoonRead for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
(c) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SpoonRead’s systems or networks, or any systems or networks connected to the Service or to SpoonRead’
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of SpoonRead, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede SpoonRead’s ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. SpoonRead will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Customer) who is involved in such violations.
5. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT — USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER SPOONREAD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM — USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
B. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE — USE OF THE SERVICES.
C. IN NO EVENT WILL SPOONREAD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF — USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE — USE OF OR INABILITY TO — USE THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL — USE OF AND CONTENT ON OR THROUGH SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPOONREAD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CA– USES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CA– USED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR — USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CA– USE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPOONREAD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER — USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SpoonRead shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms of Service and any operating rules established by SpoonRead and to satisfy any law, regulation or authorized government request. SpoonRead shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, SpoonRead shall have the right to remove any material that SpoonRead in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Although SpoonRead reserves the right to remove, without notice any content, SpoonRead has no obligation to delete submissions that you may find objectionable or offensive.
You agree to defend, indemnify, and hold harmless SpoonRead and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.
SpoonRead and related words, domain names and logos are trademarks and the property of SpoonRead Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
9. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of SpoonRead. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. SpoonRead neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service.
10. Public Domain.
Some of the literary works offered on the Service have been identified as being in the public domain by certain content providers. SpoonRead does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws applicable to you prior to downloading or accessing such literary works.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
SPOONREAD AND YOU BOTH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION SPOONREAD AND YOU BOTH EACH WAIVE ANY RIGHT TO A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, SPOONREAD MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MIS– USE OF INTELLECTUAL PROPERTY RIGHTS.
ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR IN ANY WAY RELATED TO YOUR — USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES.
SpoonRead reserves the right to display advertisements and offers on your device.
By accessing the Service, you agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of California and the federal laws of the United States applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the state of California and acknowledge that you do so voluntarily and are responsible for complying with all local laws.