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Terms of Use for Lelivro.com

 

(1)        Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to expressly agree to these terms of use.

We provide a forum for users to advertise, browse, buy and sell products. We are not party to the sales or purchases of products via this website, and subject to the first paragraph of Section [18] we will not be liable to any person in relation to any contract for the sale and purchase of products. See Section [11] for more details of our role.

You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.

We will not file a copy of these terms of use specifically in relation to each user and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

(2)        Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Unless you own or control the relevant rights in the material, you must not:

(a)        republish material from this website (including republication on another website);

(b)        sell, rent or sub-license material from the website;

(c)        show any material from the website in public;

(d)        edit or otherwise modify any material on the website (other than editing your store , author page, reader page and product listings using our website interface);

(e)        reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

(f)        redistribute material from this website, except for content specifically and expressly made available for redistribution, (such as our newsletter).

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

We may vary the services available on our website in our absolute discretion at any time, with or without notice.

 

(3)        Acceptable use and legal compliance

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from our website to contact individuals or companies or other organisations for any reason (other than for the purpose of bona fide communications relating to products advertised or sold via our website).

You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must comply with all applicable laws in relation to any proposed or actual sale or purchase of products via our website.

 

(4)        Buyer registration

Providing you are at least 18 years of age , you may register with the website as a buyer by: filling out the registration questionnaire and submit it to Lelivro.com.

We will ask buyers to agree to these terms of use during the registration process.

You must not register with the website as a buyer if you do not meet the requirements specified above.

You will have the opportunity to identify and correct input errors prior to registering as a buyer by reviewing your registration details before submitting them to Lelivro.com.

 

(5)        Seller registration

Providing you are at least 18 years of age, are acting in the course of a business and not as a consumer, and are an author, publisher or agent, and have the world wide rights to the e-books you intend to sell you may register with the website as a seller by: filling out the seller registration form and submitting it to Lelivro.com.

We will ask sellers to agree to these terms of use during the registration process.

You must not register with the website as a seller if you do not meet the requirements specified above.

You will have the opportunity to identify and correct input errors prior to registering as a seller by reviewing your registration details before submitting them to Lelivro.com.

 

(6)        Seller services

Once you are registered with the website as a seller, you may:

(a)        create your own store on the website;

(b)        create an author page;

(c)        submit product listings to the website; and

(d)        sign e-books for your buyers.

Product listings that are submitted will be automatically processed and may be part of a manual review by Lelivro.com employees or contractors. within 96 hours following receipt.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete product listings that in our reasonable opinion breach these terms of use or that do not, in our reasonable opinion meet the additional guidelines for product listings published on our website. If we reject or delete a product listing on either basis, we will not refund any applicable charges.

If we do not reject or delete a product listing, it will remain published on our website until deleted by you, subject to termination or deletion in accordance with these terms of use.

 

(7)        Listing rules

E-books submitted to our website must constitute bona fide e-books, and must be true, fair and accurate in all respects.

E-books must be allocated to the appropriate category or categories.

For the avoidance of doubt, e-books must comply with the “acceptable use” provisions above, and the “user content” provisions below.

You must keep your e-books listings up-to-date using our website interface. In particular, you must remove any product listings that have ceased to apply (for example, because you are no longer town the rights to distribute the e-book ).

If you become aware of any e-book listings on our website that breach these terms, you must notify us immediately.

You must ensure that all prices specified in or in relation to a product listing are in US dollars only.

We may delete any e-book listing in our sole discretion at any time, with or without notice or explanation.

 

(8)        Product rules

The only products which may be the subject of a product listing are e-books.

You must not use this website to advertise, buy, sell or supply physical books or other physical products.

You must not sell or offer to sell via our website any product that:

(a)        breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

(b)        consists of or contains material that would, if published on our website by you, contravene the provisions of Section [3, 7 or 15];

(c)        creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;

(d)        may create a risk of any other loss or damage to any person or property;

(e)        seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(f)        violates, or encourages any conduct that violates laws or regulations;

(g)        contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

(h)        contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

(i)        infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

(j)        is fraudulent, false, misleading, or deceptive.

 

(9)        The selling and buying process

You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user (and accordingly that you commit to buying or selling the relevant product or products) in the following circumstances:

(a) you must add the products you wish to purchase to the shopping cart, and then proceed to the checkout;

(b) if you are a new user, you must create a buyer account with the website and log in; if you already have a buyer account with the website, your must enter your login details;

(c) once the buyer is logged in, he or she must confirm the order and his or her consent to these terms of use and applicable terms and conditions of sale;

(d) the buyer will be transferred to the PayPal website, and Paypal will handle the buyer's payment to the seller; buyers must submit payment in full via Paypal or other methods of payment supported by Lelivro.com;

(e) the website will then send to the buyer an automatically generated acknowledgement of payment; and

(f) will generate a link in which the buyer can download the e-book to his/her appliance.

 

(10)        Terms and conditions of sale

A seller must use the website interface to create legal notices that will apply to the relationship between that seller and that seller's customers. Sellers are responsible for ensuring that such legal notices are sufficient to meet the seller's legal disclosure obligations and other legal obligations. Sellers must comply with all laws applicable to their product listings and sales, including where applicable the laws of the State of New York, the United States of America, and the laws of the countries in which the seller is residing or doing business.

Except to the extent that a buyer and seller expressly agree otherwise / Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

(a)        the price for a product will be as stated in the relevant product listing;

(b)        other ancillary costs and charges including taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;

(c)        the seller (not lelivro.com) is responsible for ensuring that taxes are appropriately charged based on the laws of the United States, the State of New York, and of the country in which the seller resides or is doing business;

(d)        the seller must complete any actions required on the seller's part to ensure that the product is available for download within 30 days of date the contract of sale coming into force;

(e)        delivery of the product is accomplished by making the product available for downloading on the website and by notifying the buyer of that availability;

(f)        products must conform in all material respects to the description of the products in the product listing and any other information provided by the seller to the buyer;

(g)        cancellations of contracts initiated by the buyer (including Paypal chargebacks) must be resolved between the buyer and the seller; and

(h)        Lelivro.com will not be held liable for any costs to either party arising from cancellations.

Both buyers and sellers acknowledge that the terms and conditions set out above take precedence over any other terms and conditions agreed between the buyer and the seller.

Both buyers and sellers undertake to comply with the terms and conditions of sale and purchase agreed between the buyer and sellers.

 

(11)        Our role

You acknowledge that:

(a)        we do not confirm the identity of buyers or sellers, check the credit worthiness or bona fides of buyers or sellers, or otherwise vet buyers or sellers;

(b)        we do not check, audit or monitor the information contained in product listings;

(c)        we are not party to the sale or purchase of products advertised on the website;

(d)        we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers; and

(e)        we are not the agents for any buyer or seller,

and accordingly we will not be liable to any person, whether acting as buyer or seller or otherwise, in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between parties to any such contract.

For the avoidance of doubt, the provisions of this Section [11] are subject to the first paragraph of Section [18].

 

(12)        Payments

 

Sellers must pay to us the charges specified in this Section [12].

Lelivro.com facilitates the financial transaction between the Seller and the Buyer through the Paypal payment service.  Seller will receive at the time of the payment by the Buyer the Order value less Lelivro.com  prevailing charges at  the time of the sale in full settlement of the sale by the Seller. . Sales order settlement to the Seller and Lelivro.com will be made by PayPal or other payment methods as they may be available in Lelivro.com.

The applicable seller charges in respect of stores, product listings & product sales will be as set out on our website from time to time.

All our charges stated on the website are stated exclusive of applicable sales taxes (unless the context requires otherwise).

We may vary charges and rates from time to time by posting new charges and rates on our website.

 If Lelivro.com offers a payment method that does not immediately settle the order, Lelivro.com will raise an invoice for charges due to Lelivro.com at the month end  or from time to time and the Seller will settle the invoice within 7 days of the day of the invoice.

Sellers must pay charges in respect of stores and in respect of product listings in advance. While charges in respect of product sales will be billed by us on a calendar month basis.

We may from time to time in our absolute discretion set up a seller account which will enable a seller to place product listings without advance payment, and in these circumstances we will invoice for the applicable charges monthly or otherwise from time to time, and such invoices will be payable within 7 days following the date of issue of the invoice. Seller accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.

We will be entitled to charge interest on any overdue amount under these terms of use at the annual rate of 8% above the base rate of HSBC Bank Plc from time to time. Such interest will accrue daily and be compounded quarterly.

If a buyer makes any credit card, debit card or other charge-back then the seller will be liable to pay us, within 7 days following the date we give notice to the seller, an amount equal to the commission due to us in respect of the transaction, plus any third party costs incurred by us arising directly out of the charge-back.

(13)        Free listings

From time to time we may permit the creation of stores and product listings, or the sale of products free-of-charge, subject to the following limitations:

We may delete free stores and product listings at any time in our sole discretion with or without notice or explanation.

 

(14)        User IDs and passwords

If you register with the website, you will be asked to choose a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so. We may disable your user ID and password in our sole discretion without notice or explanation.

 

(15)        e-Book ownership

Authors retain ownership of the e-books that they upload on Lelivro.com. Lelivro.com is not an owner or an agent for the e-book. For the purpose of this agreement; the contents of e-Books uploaded on Lelivro.com are not included in Lelivro.com content and user-generated content in Section 16 below.


(16)        Lelivro.com and user-generated content

In the event that you post or upload to the Site in compliance with Section 2, or otherwise submit to Lelivro.com as part of your use of the Site (for example, in describing or reviewing e-books or authors), any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, “Content”), you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers) and publicly display such Content, solely in connection with the Site (primarily for the purpose of promoting your e-books and/or the Lelivro.com site).

Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Lelivro.com are not proprietary to you, and can be used by Lelivro.com and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Lelivro.com.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a)        be libellous or maliciously false;

(b)        be obscene or indecent;

(c)        infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)        infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)       constitute negligent advice or contain any negligent statement;

(f)        constitute an incitement to commit a crime;

(g)       be in contempt of any court, or in breach of any court order;

(h)       be in breach of racial or religious hatred or discrimination legislation;

(i)        be blasphemous;

(j)        be in breach of official secrets legislation;

(k)       be in breach of any contractual obligation owed to any person;

(l)        be in breach of any legal prohibitions against sale of violent or pornographic material in the United States, the State of New York, or of the country in which the seller is residing or doing business ;

(m)        consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or

(n)        constitute spam;

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the user content, or the publication of the user content on our website.

 

(17)        Discontinuing services

We reserve the right to discontinue our website services and the publication of our website at any time in our sole discretion with or without notice.

If:

(a)        you have paid for a store and/or product listing;

(b)        your store / product listing has been (or would have been) accepted in accordance with these terms of use; and

(c)        we discontinue the website services;

we will refund to you such portion of your payment as we determine to be reasonable.

Except as provided in this Section [16], sellers will not be entitled to any refund upon the discontinuance of our services.

 

(18)        Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(19)        Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

Unless you contract with us under these terms of use as a consumer, our aggregate liability to you under the terms of use will not exceed the greater of: (a) 50 US dollars; and (b) the total amount paid and payable by you to us under the terms of use.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 

(20)        Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(21)        Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

(g)        delete and/or edit any or all of your product listings, stores and user content; and/or

(h)        suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

(22)        Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

(23)        Trade marks

Lelivro.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

(24)        Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

 

(25)        Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

 

(26)        Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

(27)        Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(28)        Third party rights

The provisions of Section [10] of these terms of use are intended to benefit sellers and buyers, and to be enforceable by buyers against sellers and by sellers against buyers.

Subject to this exception, these terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(29)        Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(30)        Law and jurisdiction

These terms of use will be governed by and construed in accordance with US law, and any disputes relating to these terms of use will be subject to the jurisdiction of the court of New York State.


(31)        Our details

The full name of our company is Lelivro.com.