Terms and Conditions
These Terms govern
The User must read this document carefully.
What the User should know at a glance
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
Account registration
To use the Service,Users must register or create a User account, providing all required data or information in a complete and truthful manner.Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform Imbiblio via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
Account suspension and deletion
Imbiblio has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
Your access to the Service may also be temporarily suspended if the Fee cannot be charged for a reason beyond Imbiblio's control. When the Fee has been paid, your access to the Content in your Subscription will be reinstated.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by Imbiblio or its licensors.
Imbiblio undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Imbiblio strives to continually improve its Content and therefore reserves the right to update and/or change the Content made available in the Service and to make any changes or updates to the Service (or any part thereof), at any time. This may for example imply that Content which initially was available in your Subscription may no longer be made available or is deleted. Neither Imbiblio nor its co-operation partners will refund any balance of pre-paid subscriptions as a result of the above during a current Subscription Period, provided that the change does not cause unreasonable disadvantage for you.
If you have purchased Content on a one-off basis you will have continuing access to the Content.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that Imbiblio has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, Imbiblio reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
TERMS AND CONDITIONS OF SALE
Provision of personal data
To access or receive the Service provided via this Website, Users may be required to provide their personal data as indicated on this Website.
Prices, Payment, Subscriptions, Purchases
Imbiblio offers ongoing Subscriptions against payment in advance of a fixed fee each month. Those users who do not wish to subscribe to the Service, but intend to use the Service to purchase content on a one-off basis and consume that content using the platform, must still enter a payment source.
You are required to register current and valid payment information in accordance with any of the payment methods which are offered.
The price for each Subscription is published on the Website. All prices include value added tax (VAT) (where applicable). By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country.
The price of Content purchased on a one-ff basis, without a subscription, is listed on the product page and includes value added tax (VAT) where applicable.
When you are creating your Subscription you will provide payment information in accordance with the instructions on the Website or the Application. Payment shall be made through the payment methods offered by Imbiblio from time to time for the Subscription in question.
In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. If you are paying by debit or credit card you are obligated to ensure that the balance, before each new Subscription Period, covers the Fee. If your account cannot be charged, Imbiblio will send you a message thereof and try to charge your account again. As regarding payment with a debit or credit card, new attempts can be made each day during a period of up to ten (10) days. You will automatically cease to have access to the Content if the Fee has not been paid after the last such attempt.
IMPORTANT NOTICE: IMBIBLIO WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AT THE END OF EACH SUBSCRIPTION PERIOD (THE "RENEWAL DATE") AND, AS AUTHORIZED BY YOU DURING THE SIGN-UP PROCESS, IMBIBLIO WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR FEE (UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE IN ACCORDANCE WITH SECTION 6 BELOW). EACH SUBSCRIPTION RENEWAL PERIOD IS TYPICALLY FOR ONE (1) MONTH.
For certain Subscriptions, which are offered by a co-operation partner to Imbiblio as part of a Partner Agreement, payment may be required to be made in a certain way, e.g. by invoicing. The prices and payment terms for Partner Agreement are provided in the terms and conditions applied by Imbiblio's co-operation partner.
If you have any questions regarding the payment terms and prices for Partner Agreements, please contact the customer support of the co-operation partner in question.
Offers and discounts
Imbiblio may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at Imbiblio’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of Imbiblio, as indicated in Imbiblio’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, Imbiblio can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Retention of Product ownership
Until payment of the total purchase price is received by Imbiblio, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by Imbiblio.
Delivery
Delivery of digital content
Unless otherwise stated, digital content purchased on this Website is held on Imbiblio servers and is accessible to the purchaser via our Service only.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
User rights
Right of withdrawal
The right of withdrawal does not apply on this Website
Users acknowledge and accept that by creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service via your User Account, which means that you do not have any right of withdrawal from the Agreement because the Service is delivered immediately to you.
Liability and indemnification
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS IMBIBLIO'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY MANDATORY LAW.
TO THE EXTENT PERMITTED BY LAW, IMBIBLIO EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW IMBIBLIO IS NOT LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
IMBIBLIO'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE SUBSCRIPTION FEE YOU PAY TO US IN RELATION TO THE PART OF THE SERVICE WHICH HAS GIVEN RISE TO THE CLAIM OVER THE LAST 24 MONTHS.
Third-Party Links and Resources
Where Imbiblio's Application and/or Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Imbiblio has no control over the contents of those sites or resources.
User Access and Viruses
You are responsible for configuring your information technology, computer programs and platform in order to access the Services, the Application and/or the Website. You should use your own virus protection software.
You must not misuse Imbiblio's Application or Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Imbiblio's Application, Website, the server on which they are stored or any server, computer or database connected to them. You must not attack Imbiblio's Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. Imbiblio will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Imbiblio's Services will cease immediately.
Common provisions No Waiver
Imbiblio’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption and warranties
To ensure the best possible service level, Imbiblio reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, Imbiblio may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Imbiblio will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside Imbiblio’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Imbiblio endeavors to provide the best service possible, however, you agree that THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY LAW, IMBIBLIO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, TABLET, SMART PHONE OR MOBILE DEVICE. NEITHER WE, OUR LICENSORS NOR THE SUPPLIERS CAN GUARANTEE, EXPRESSLY OR BY IMPLICATION, THAT THE SERVICE OR ITS CONTENTS (INCLUDING NEWSPAPERS, MAGAZINES AND BOOKS) WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR BE FAST, SECURE OR ERROR-FREE.
Feedback
If you provide Imbiblio LLC with any Feedback you agree that: (a) Imbiblio LLC may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback at it sees fit; and (b) you will not give Imbiblio LLC any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of Imbiblio or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of Imbiblio or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
Imbiblio reserves the right to amend or otherwise modify these Terms at any time. In such cases, Imbiblio will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Imbiblio.
If legally required, Imbiblio will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
Imbiblio reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Imbiblio.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Imbiblio with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Governing law
These Terms are governed by the law of the place where Imbiblio is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Imbiblio is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to Imbiblio who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact Imbiblio at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Imbiblio’s email address specified in this document. Imbiblio will process the complaint without undue delay and within 1 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.