TERMS AND CONDITIONS
This agreement applies as between you, the User of the Application and Amazing Books, Inc™, the owner(s) of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application;
- "Amazing Books" means Amazing Books Limited, 16633 Ventura Boulevard, Suite 1010
Encino, California 91436;
- "Service" means collectively any online facilities, tools, services or information that Amazing Books makes available through the Application either now or in the future;
- "System" means any online communications infrastructure that Amazing Books makes available through the Application either now or in the future.
- "User" / "Users" means any third party that accesses the Application and is not employed by Amazing Books and acting in the course of their employment;
- "Application" Means the iPhone or iPad applications developed by Amazing Books and its associated web site.
- Intellectual Property
- Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Amazing Books, or our affiliates. By continuing to use the Application you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Amazing Books. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
- you will not use the Content of the Application for commercial purposes; and
- you will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Amazing Books.
- Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Application. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
- Fair Use of Intellectual Property
Material from the Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
This Application may contain links to other sites. Unless expressly stated, these sites are not under the control of Amazing Books or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from this Application does not imply any endorsement of the sites themselves or of those in control of them.
- Amazing Books makes no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
- Commercial use of the Content of this Application is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Amazing Books makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- Whilst every effort has been made to ensure that all descriptions of services available from Amazing Books correspond to the actual services available, Amazing Books is not responsible for any variations from these descriptions.
- Limitation of Liability
- To the maximum extent permitted by law, Amazing Books accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Amazing Books's liability for death or personal injury resulting from any negligence or fraud on the part of Amazing Books.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to contact@AmazingBooks.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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