 |
 |
|
|
Terms of Use |
|
|
|
|
|
|
|
Welcome
Welcome to WOWIO. Please read the following Terms and Conditions of Use carefully before continuing. By using this site,
you signify your acceptance of these Terms:
|
|
|
|
Privacy
Please review our Privacy Notice, which also governs your
visit to wowio.com.
|
|
|
|
Copyright
The information and content on this website are licensed or copyrighted by WOWIO, LLC (WOWIO). All rights reserved. The information and content on this site,
and the underlying computer program (including but not limited to HTML code) are protected by copyright law and international treaties. Unauthorized reproduction or
distribution of these materials or any portion of them may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under
the law including recovery of all costs and fees related to any enforcement action initiated by WOWIO. Permission to reprint or electronically reproduce any document
or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
|
|
|
|
Trademarks
WOWIO, FREE BOOKS + FREE MINDS, and other marks indicated on our site are trademarks or registered trademarks of WOWIO in the
United States. WOWIO's trademarks may not be used in connection with any product or service that is not WOWIO's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits WOWIO. All other trademarks not owned by WOWIO or its subsidiaries that appear
on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WOWIO.
|
|
|
|
Patents
The WOWIO system or portions thereof are patent pending.
|
|
|
|
General
These Terms govern your use of the WOWIO online service, which provides an easy-to-use, comprehensive online destination
offering electronic copies of books ("Ebooks"). Additional terms and conditions of use applicable to specific areas of
the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms,
together with any such additional terms and conditions, are referred to as the "Terms."
|
|
|
|
Registration Obligations
To use certain areas of this site, you must first submit a complete Registration Form available at http://www.wowio.com.
When submitting a Registration Form, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and
- 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 WOWIO has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, WOWIO 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) by you.
Children under 13 years of age cannot register on any portion of the WOWIO Site without adult supervision.
|
|
|
|
Member Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify WOWIO of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each
session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.
WOWIO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
|
|
|
|
Use of Content
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are the property of WOWIO or third parties who have authorized the
appearance of their content on this site. U.S. and international copyright, trademark or other intellectual property laws
protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service
may use the Content only for their personal, non-commercial use.
You may download or copy the Content, as authorized on this site and only for your own personal use, provided that you
maintain all copyright and other notices contained in such Content. Except as expressly permitted by the copyright laws,
no copying, storage, redistribution or publication of any Content is permitted without the express written consent of WOWIO
or the owners of such Content or their authorized representatives, if other than WOWIO.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms.
Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of
the software's patent and/or copyright.
|
|
|
|
Managing Content
WOWIO is not responsible for examining or evaluating the Content. However, WOWIO reserves the right to delete, move or
edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. WOWIO
is not responsible for any loss of data resulting from network or system outages, file corruption or any other reasons.
|
|
|
|
Endorsement
WOWIO does not represent or endorse the accuracy or reliability of any Content available on the website and you acknowledge
that any reliance upon such Content shall be at your sole risk. Any Content placed online by sponsors are the views of
the sponsors posting the statement, and do not represent to views of WOWIO.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites").
You acknowledge that WOWIO is not responsible for the availability of, or the content located on or through, any External
Site. You should contact the site administrator or Webmaster for any such External Site if you have any concerns regarding
such links of the content located on such External Site.
|
|
|
|
Indemnity
You agree to indemnify and hold harmless WOWIO and its employees, officers, directors, owners, agents, information providers
and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty
and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in
connection with (1) your violation of the Terms or (2) any use or alleged use of the Service under your password by you or
any person, whether or not authorized by you. WOWIO reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WOWIO's defense of such
claim and to reimburse WOWIO for the costs and expenses of such defense.
|
|
|
|
Termination of Service
You agree that WOWIO, in its sole discretion, may terminate your, or any person invited by you to use the Services, password,
account (or any party thereof) or use of the Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if WOWIO believes that you have violated or acted inconsistently with the
Terms. WOWIO reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of
the Service at any time for any reason without prior notice or liability. WOWIO may change, suspend or discontinue all or
any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice
or liability.
WOWIO also reserves the right to release current or past member information in the event it believes that accounts are in
violation of the Terms, used to commit unlawful acts, if the information is subpoenaed and/or if WOWIO deems it necessary
and/or appropriate.
|
|
|
|
Dealings With Sponsors
Your correspondence or business dealings with, or participation in promotions of, sponsors found on or through the
Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such sponsor. You agree that WOWIO shall
not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such sponsors on the Service.
|
|
|
|
Disclaimer of Warranties and Limitation of Liability
The Service and the Content are distributed on an "as is, as available" basis. Neither WOWIO nor any provider of third
party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from use of the Service or the Content, (iii) makes any
warranties of any kind, either express or implied, including, without limitation, warranties of title or implied
warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any
products or services sold through the service or (iv) warrants that any files available for downloading through the
Service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire
risk as to the quality and performance of the Service and solely you assume the accuracy or completeness of the Content.
Neither WOWIO nor any third party content provider, nor any of their respective agents shall be liable for any direct,
indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even
if such party has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential
damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of WOWIO, third
party content providers, or their respective agents shall be limited to the greatest extent permitted by law.
|
|
|
|
Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of California. These Terms constitute the entire agreement between you and us with respect to the subject
matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists
between the terms of these Terms and any additional terms and conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
|
|
|
|
Modification
WOWIO reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time,
effective immediately upon notice published on the Site. We suggest that you check these terms periodically for changes.
Your continued use of the WOWIO service constitutes your binding acceptance of these terms and conditions, including any
changes or modifications made by WOWIO as discussed above. If at any time these Terms are no longer acceptable to you,
you should immediately cease all use of the Service.
|
|
|
|
|
Corporate Gifting