Usaebooks ( “Usaebooks” or “we”), is providing you with the Service on a subscription basis which includes access to digital versions of certain ebooks and/or other content ( “eContent”) and certain proprietary electronic resources ( “eResources”). These terms and conditions of use ( “Terms and Conditions”), together with all updates, and the Usaebooks Privacy Policy, (“Privacy Policy”) as amended from time to time and hereby deemed to be incorporated, shall constitute the “Agreement”.
“We”, “Us” or “Our” shall mean Forketa LLC BULGARIA, Sofia, 1407, 83-85 James Bourchier Blvd, 1st floor, office 3. OUR WEBSITE: usaebooks.net and business register number 203872116.
Usaebooks provides you with access to (i) its systems, and software, (ii) the Usaebooks workspace ( “Workspace”) as further detailed in clause 4; and (iii) Digital Content (collectively, the “Service”). To access the Digital Content, you, or someone else on your behalf, may purchase access to the Digital Content for you.
The Service consists of documentation, fonts and digital content provided by Usaebooks and its licensors including third-party publishers which are included, where applicable, in the Service and are licensed to you by Usaebooks for use only under these terms and conditions. Usaebooks and/or Usaebooks’s licensors and publishing partners retain ownership of the Usaebooks Software and Digital Content and any other component of the Service itself and reserve all rights not expressly granted to you. Usaebooks, at its discretion, may make available future updates to the Service. The Usaebooks Software and Service updates, if any, may not necessarily include all existing software features or new features that Usaebooks releases for newer browser versions or other devices. The terms of this License will govern any Software updates provided by Usaebooks that replace and/or supplement the original Usaebooks Software product, unless such updates are accompanied by a separate license in which case the terms of that license will govern such updates.
This Agreement and any claim, controversy, or dispute relating to or arising hereunder shall be governed by and construed, and interpreted in accordance with the law of Bulgaria.
For purposes of these Terms and Conditions: (i) “Usaebooks Content” means text, graphics, images, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Usaebooks. Collectively, Usaebooks Content is referred to as “Content”.
Our Content Ownership: Subject to the foregoing, Usaebooks owns either Master Resell right or Private label rights licenses. Which are provided by the owner of the intellectual property. You acknowledge that the Service and Usaebooks Content are protected by copyright and trademark laws.
Copyright Material
Any digital product that does not belong here or was mistakenly accepted can be reported at any time and we will look into the reported item/s. If that particular item is found to have no resell rights license/s or has not been approved by the author will be removed immediately.
By clicking the check box labelled “Yes, I agree to the Usaebooks Terms and Conditions” when you first access the Service, you will be entering into a binding legal agreement as detailed in this Agreement and its accompanying Privacy Policy. If you do not agree to the terms of this Agreement do not access the Usaebooks and / or use the Service. If you have any questions about the terms and conditions in this Agreement contact us at [email protected]
Where you have been invited to access any Service offered by Usaebooks by a third party or third party organisation (such as a university) ( “Third Party”) you agree and acknowledge that your continued use of our Services shall, in addition to these Terms and Conditions and our policies, be subject to and terminable in accordance with: (i) any other agreements, terms and conditions governing the relationship between the relevant Third Party and Usaebooks; and (ii) any instructions or restrictions as requested by such Third Party.
We may, on providing notice either by email or on the Usaebooks platform, amend and/or update these Terms and Conditions from time to time. Your continued use of the Usaebooks Platform following such amendment or updating of these Terms and Conditions will be considered as your agreement to and acceptance of such changes.
The Service is accessible for a fee on a recurring periodic subscription basis ( “Subscription”). If you choose a Subscription, we will display the basis on which it is offered before you purchase it.
We may from time to time change our subscription fees. Changes will apply to any subsequent renewal or new Subscription. We will inform you of any change in subscription fees at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Subscription.
In some limited circumstances, we may need to suspend the provision of the Service (in full or in part) for one or more of the following reasons:
a. To fix technical problems, apply new versions of our software, or make necessary minor technical changes; or
b. To update the Service to comply with relevant changes in the law, the requirements of anyone holding rights to the Service, or other regulatory requirements.
If we need to suspend the availability of the Service for any of these reasons, we will inform you in advance of the suspension and explain why it is necessary.
We may suspend provision of the Service if we do not receive payment on time from you. We will inform you of the non-payment on the due date, however, if you do not make payment within 7 days of our notice, we may suspend the provision of the Service until we have received all outstanding sums due from you. If we do suspend the provision of the Service, we will inform you of the suspension. You will not be charged for any Service while the provision is suspended.
We may suspend or terminate your Subscription if you breach the Agreement. We value our engagement with our community of users and will make every effort to be sensible and proportionate when considering any breaches.
Your Subscription will renew automatically. If you cancel your subscription via your Usaebooks account it will be active until the end of the period you have paid for (unless it is terminated earlier in accordance with this Agreement).
If there is a problem with the Service, please contact us at [email protected] or visit the Contact page on usaebooks.net to inform us of the problem.
Refunds (whether full or partial, including reductions in price) will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
Refunds will be made using the same payment method that you used when purchasing your Subscription.
If you are provided with a trial of the Service, ($ or €)1 payment will be taken for the Service until the expiry of any trial period specified to you when you placed your order ( “Free Trial Period”).
You have the right to cancel your Subscription at any time during the Trial Period. You can do this by emailing us at [email protected] or using the Cancel Subscription button inside the Account Settings – Subscriptions page. If you do not cancel within the Trial Period, then at the end of the Trial Period, the payment method you provided will automatically be charged the subscription fee every 30 days from the end of the Trial Period until you cancel your Subscription.
We may decide at any time to refuse or cease to provide any Trial Period. You will not be entitled to a Trial Period if we reasonably suspect that you have previously been provided with a Trial Period, you have previously taken a subscription to the Service, or you are using a payment method that has been used in respect of a previous subscription to the Service.
Except where you are in a Trial Period, payment for your Subscription shall be taken immediately on your order being accepted, and thereafter at regular intervals until you cancel your subscription in accordance with the Agreement. Where you have not canceled a Subscription during a Trial Period, the first payment will be taken on after your order is accepted following the expiry of any Trial Period (or immediately, if there is no Trial Period) and thereafter at regular intervals consistent with your Subscription Period until you cancel your Subscription in accordance with the Agreement.
You will be provided access to the Service from the moment that you activate your Subscription by submitting your payment details and accepting these Terms and Conditions of Service.
Consumer Right to Cancel - For most services bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013. If you change your mind about your Subscription, You can cancel your order up to 14 days after the day we email you to confirm we accept your order.
By placing your order, you are asking us to provide the Service immediately. If you cancel after we start providing the Service, you must pay us for the days which have elapsed from the date of our accepting your order until the time you cancel. So for example, if you take out a monthly subscription, and cancel after 10 days, we will refund you (using the same payment card you used to pay for the Service) two-thirds of your initial payment. Your refund will be made within 14 days of your cancellation.
If you do not make any payment due to us on time, we will suspend your access to the Service. If you do not make payment within 7 days of our reminder, we may cancel the Subscription. Any outstanding sums due to us will remain due and payable.
If you believe that we have charged you an incorrect amount, please contact us at [email protected] as soon as reasonably possible to let us know.
You may cancel your Subscription at any time. You will continue to have access to the Service for the remainder of your current Subscription (up until the renewal date, as applicable), at which time the Subscription will end.
We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.
You may end the Subscription at any time if we have informed you of a forthcoming material change to your Subscription, or to these Subscription Terms, that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, we will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Subscription will end at the end of that Subscription period and you will continue to have access to the Service until that date.
If we have suspended the availability of the Service for more than 7 days, or we have informed you that we are going to suspend availability for more than 7 days, you may end the Subscription immediately. If you end the Subscription, for this reason, we will issue you with a pro-rated refund.
You also have a legal right to end the Subscription at any time if we are in breach of the Agreement. You may also be entitled to a full or partial refund and compensation.
Refunds will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
Publication Downloads To prevent the reverse engineering or mass scrapping of Digital Contents and the Usaebooks Services, where you have the ability to download publications to your mobile or any other relevant device, such downloads will be limited at Usaebooks’s sole discretion.
No Ownership Rights: You are only granted a limited right to access the digital content in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Software, the Service and the Digital Content shall at all times remain vested in Usaebooks, its licensors and the publishers and authors of the Digital Content, as applicable. Your use of the Service does not give you any ownership rights in any part of the Service or for the avoidance of doubt the Digital Content. In addition, you agree you may not, nor permit any third party to, rent, lease, lend, sell, redistribute or sublicense the Usaebooks Software, Service or Digital Content. You may not, and will not permit any third party to, copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Usaebooks Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Usaebooks Software). Any attempt to do so violates the rights of Usaebooks and its licensors, in violation of this Agreement and may be subject to prosecution and damages.
To the extent that any part of the Service may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use, display or publicly perform such content.
Third-Party Acknowledgements Portions of the Service and Software may utilize or include third-party software and other copyrighted material. Acknowledgments, licensing terms and disclaimers for such material are contained in the electronic documentation for the Usaebooks Software, and your use of such material is governed by their respective terms.
Personal Use of the Service You also agree that the Service is provided for your own personal use. You also agree that you will not share your password to, or any printed portions of, the Service or any Digital Content with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not make print or electronic copies of any portions of the Digital Content for anyone other than yourself to use, nor will you employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce Digital Content.
Removal of Digital Content. You agree that Usaebooks may, at any time and with or without prior notice, remove Digital Content or other content from the Service and/or withdraw or remove features of the Service if Usaebooks determines that, in its sole discretion, it does not possess the appropriate or necessary rights or for legal or regulatory reasons is no longer able to provide you with access to such Digital Content. In the event Usaebooks elects to remove any Digital Content from the Service, we will do what we reasonably can to provide you with alternative similar content, and you agree that you will not be entitled to a refund for the removed Digital Content. You are advised to maintain back-up copies of any personal notes you may incorporate in order to personalise the Usaebooks experience in order to avoid these being lost in the event Usaebooks elects to remove any Digital Content from the Service in accordance with this paragraph.
Unauthorized Use of Your Account You agree to promptly notify Usaebooks of any known or suspected unauthorised use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to [email protected] Usaebooks shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.
Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:
redistributing, reselling or sharing content or resources from the Service
indexing scraping or using WebCrawler or any other similar software
making mass, automated or systematic extractions from the Service
violating applicable laws and regulations
using the Service to harm minors
interfering with others’ use of the Service
using the Service to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the Service
using the Service to create a false identity or to impersonate another person
In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service. The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem, acting reasonably, to be inappropriate, objectionable or impairing a third party’s use of the Service or threatening the integrity or security of the Service.
Enforcement of These Terms Except as described in this paragraph, any other use of the Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable laws and regulations. In addition, you agree that Usaebooks has the right, without liability to you, to disclose any Registration Data (as defined in paragraph 11 below) and/or account information to law enforcement authorities, government officials, and/or a third party, as Usaebooks believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Usaebooks’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
Except as otherwise expressly provided for in this Agreement, the Service is subject to Usaebooks’s Privacy Policy, which policy is expressly made part of this Agreement. If you have not already read Usaebooks’s Privacy Policy, you should do so now.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ( “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Usaebooks may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Usaebooks may store and use the Registration and Payment Data you provide (including credit or debit card information) for use in maintaining your accounts and billing fees to your credit or debit card.
You hereby grant to us a non-exclusive, royalty-free, perpetual, worldwide licence to host, use, copy, store, collect, process, transmit, retain, publish, and display your data: (i) to the extent permitted in these terms, or as otherwise necessary for the purposes of the provision of any part of the Service to you; or (ii) to enable us to perform our obligations hereunder, or under any third-party licence.
You hereby grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use your data on an anonymous basis, such that we may aggregate such anonymised data with the anonymised data of other customers, and any third parties. Ownership of such anonymised and aggregated data, and all intellectual property rights thereto, will belong to us, or shall immediately vest in us upon its creation (as the case may be).
Digital Content is protected by intellectual property rights You agree that the contents of the Digital Content are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to Usaebooks and the various publishers (the “Publishers”) and authors (the “Authors”) whose content is being made available to you as Digital Content, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or developed in the future. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Usaebooks website and platform are protected trademarks, trade dress or other rights of Usaebooks and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Usaebooks or the other owners of the rights.
The Service is intended to be an innovative and dynamic online publishing environment and may amend, withdraw or remove features of the Service at any time, and without prior notice to you
Usaebooks may terminate your use of the Service for your breach of this Agreement and no refund of any fees will be made. If Usaebooks terminates the Agreement for any other reason, Usaebooks will make a refund of fees paid by you.
Upon termination for any reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Usaebooks.
Upon requesting to delete a Workspace or on termination of your use of the Service for any reason, all User Content from such Workspace will immediately become inaccessible. After 30 days, User Information will be deleted from our servers and can no longer be recovered.
Entire Agreement We intend to rely upon the Agreement as the entire understanding between you and us relating to the Service.
Force Majeure. Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
Disclaimer of Warranties The Service and all materials, information, software, facilities, services, and content in the Service, including without limitation the Digital Content, are provided “as is” and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Service is entirely at your own risk. In particular, we do not expressly promise that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected or that the Service or the servers that may be used to make the Service available are free of viruses or other harmful components. We do not promise or make any representations regarding the use of the results of the use of the material, information, software, facilities, services and content in the Service, including without limitation the Digital Content or any other content that you may access, or any websites linked to the Service in terms of their correctness, accuracy, reliability or otherwise. We make no promises that your use of the materials, information, software, facilities, service and content in the Service, including without limitation the Digital Content or any other content or any website will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Service, including without limitation the Digital Content, or any other website or content. This paragraph does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.
Limitations of Liability We will only be required to compensate you for any loss or damage you may suffer in connection with the Service if: (a) we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence); and (b) such failure is not attributable to: (i) your own fault; (ii) a third party unconnected with our performance of this Agreement (e.g. problems due to your network provider or the performance of your access equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or prevented even if we or they had taken reasonable care, (iv) any eContent, eResource or other content provided to you by the Service from a third party publisher. As this Service is for non-commercial use only, our liability shall not in any event include losses related to any business such as lost profits or opportunity or business interruption. Let us know of any problems you have as soon as reasonably practicable. Claims may be reduced or rejected if you delay unreasonably or if we have not been given an opportunity to put matters right
Nothing in these Subscription Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
Infringing Material If you have any copyright or other concerns about any materials posted or made available to you as part on the Service, please let us know at [email protected]
Assignment We may transfer our rights and obligations under the Agreement to another organization. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Severability. If a court finds part of the Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No Waiver. Even if we delay in enforcing the Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.