TextbookHub Terms of Service
Effective July 29, 2019
These Terms of Service (“Agreement”) are between you, the User, and TextbookHub, Inc. (“TextbookHub,” or “we”) and govern your access to and use of the TextbookHub Services. By using or accessing the TextbookHub Services, you consent to be bound by the terms of this Agreement.
You represent that you are at least eighteen (18) years of age, and have ther ights, power and privileges to execute and perform your obligations under this Agreement. Users between the ages of thirteen (13) and eighteen (18) can enter into this Agreement only with the authorization of their parent, legal guardian, or their School. The Services are not meant for Users under the age of thirteen (13) unless the Users are School Students and TextbookHub relies on the School’s authorization for the collection and use of the School Students’ personal information.
In this Agreement, each capitalized term shall have the meaning indicated below:
(b) “Intellectual Property Rights” means any copyright, design right, patent, trademark, moral rights, rights of publicity, trade dress and service mark rights, goodwill, trade secret rights, database right, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore, and registrations, renewals and extensions thereof, under the laws of any country, state, territory, or jurisdiction;
(c) “Publications” means books and other published media in printed and digital formats licensed to the Users by TextbookHub under this Agreement;
(d) “Publisher” means an entity licensing Publications to TextbookHub to be licensed to Users through the Services;
(e) “Reader” means a TextbookHub online reader for accessing Publications;
(f) “School” means an entity that placed an order to use the Services, which provides authorized access to the Services to the School Students and other authorized Users;
(g) “Services” means a service of providing access to Publications, which is designed for the educational market and operated by or on behalf of TextbookHub, and offered through the Website, Android and iOS TextbookHub Applications, and other TextbookHub platform technology as such technology is revised, updated, enhanced and modified from time to time. Services are provided in conjunction with the subscription to the applicable Publications, and which may allow for downloading, viewing, interacting with and printing of certain Publications for a specified period of time as applicable;
(h) “School Student” means a student of the School, where said School placed an order to use the Services;
(i) “User” means a user of the Services, including School Students, School officials and teachers, independent readers, and Website visitors;
(j) “User Content” means User-created content either visible only to the User through their account, or shared with other Users and/or teachers, including, but not limited to, reviews, comments, questions, messages, notes, bookmarks, highlights, markups, scribbles, and other content that a User creates on, posts on, submits to, shares on, or otherwise makes available to TextbookHub;
(k)“Website” means www.textbookhub.com website.
- User Accounts
In order to use certain features of the Services, a User (except School Students for whom an account is created through the School) needs to create a TextbookHub account. Children under the age of eighteen (18) may create an account only with the consent of their parent, legal guardian, or their School.By creating an account, you agree that all information you provide to us is true and that you will maintain and update this information in order to keep it current, complete, and accurate. You must keep your account password confidential and must not share, transfer or sell the right to use your account to any third party. If you share your account credentials with a third party or fail to comply with the terms of this Agreement, we reserve the right to terminate your account. You are responsible for any and all actions taken through your account, whether or not authorized by you, and you agree to immediately notify us of any unauthorized use of which you become aware. A User may create a TextbookHub account by logging in with their credentials from a third party account using single sign-on like an applicable School information system or School learning management system(for School Students), and other select single sign-on providers. In this case, you agree to give us access to information shared with us through your third party account like your name, username, student ID, class schedule, and school information.
Through your account you can access and interact with Publications. Access to Publications may be purchased through the Website. You agree to pay all applicable fees by PayPal or other form of payment currently accepted by TextbookHub to access the Publications. Prices and availability of the Publications are subject to change at any time without notice before we process your order. Any applicable taxes are calculated and collected at the point of sale. We are not responsible for any failure during the payment process that results in an order or payment not being received or processed by us. A payment will be regarded as received when we are able to credit or transfer the paid fee into our bank account. All purchases of the Publications are firm sale, and as such non-refundable, regardless of whether they are ever downloaded or not.TextbookHub reserves the right to update or remove any Publication from the Services in case of Publisher’s request or in its sole discretion without prior notice. In case of removal of a Publication, TextbookHub or the Publisher will issue refunds to Users for the unused portion of a license term for the removed Publication, which would be Users’ sole and exclusive remedy. If the Publication is removed after twelve (12) months from the purchase date, Users are not entitled to a refund.Publications available on the Services are protected by copyright held by their respective owners and are intended for educational, non-commercial use.
- Third Party Content
TextbookHub is a distributor (and not a publisher) of content supplied by third parties and provided to you on the Services (including without limitation the Publications). TextbookHub has no editorial control over, and does not review or approve the third-party content. Any statements, opinions, offers, or other information made available by third parties on the Services, including those made in Publications or User Content, are those of the respective authors and not of TextbookHub. Neither TextbookHub nor any third-party provider of content guarantees the accuracy, timely availability, completeness, or usefulness of any content. In no event will TextbookHub be liable for any loss or damage caused by Users’ reliance on information obtained through the Services.The Services may contain links to other websites and third-party resources. We do not control or endorse the information, products, or services on such third-party resources and are not responsible for their availability or content.
- User Content
You are solely responsible for User Content that you create, share, upload, publish, display, link to or otherwise make available to TextbookHub (“Share”) on the Services. TextbookHub is not liable for any User Content that Users Share on the Services or for any misuse of User Content. You acknowledge and agree that TextbookHub is not responsible for any loss,damage, or corruption that may occur to User Content, and that User Content is never considered confidential.We have the right, but no obligation, to remove any User Content that, in our sole discretion, does not comply with the Agreement or violates any third party Intellectual Property Rights. You hereby consent to such User Content removal, and waive any claim against us related to User Content removal.
Subject to compliance with the terms of this Agreement and to the payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services in accordance with their intended use during the term of this Agreement, or, for Publications, during the applicable license term.All Publications are licensed to you for a specified period of time, not sold. Your license to the Publication terminates at the end of the applicable license term specified in the applicable School order form or on our Website. When your license to the Publication terminates, you can no longer access the Publication.
You grant us an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, transferable license to collect, display, copy, store, transmit, analyze, and otherwise use the User Content you create or Share in TextbookHub, in each case solely to the extent necessary to provide the Services to you, to respond to your requests, to comply with our legal obligations, and to improve, promote, and protect the Services.
TextbookHub and our licensors reserve all rights not expressly granted under this Agreement.
- Intellectual Property
TextbookHub is the owner or the licensee of all Intellectual Property Rights in the Services, including, without limitation, the Publications. Without limiting the scope of TextbookHub’s or any third party’s Intellectual Property Rights, you acknowledge that TextbookHub and/or its licensors own Intellectual Property Rights in (i) the content included within the Publications; (ii) the TextbookHub Services, including the technology used to provide the Services, and the content contained within them; (iii) the selection,compilation, coordination, and arrangement of the TextbookHub Website, software and mobile applications and the Publications contained within them; and (iv) the trademarks, service names, and trade names used in connection with the TextbookHub Services.
- Acceptable Use
You represent, warrant, and agree that:
a. You will comply with the terms of this Agreement, all applicable laws, regulations, and court orders, including, but not limited to, privacy laws and intellectual property laws, that may govern, concern, or affect the User’s obligations under this Agreement;
b. You will not create or Share on the Services as part of User Content or otherwise any illegal, infringing, libelous, defamatory, inappropriate, inaccurate, obscene, harassing, abusive, or otherwise objectionable content or use the Services in any unlawful or fraudulent way;
c. You will not Share as part of User Content or otherwise any confidential information, content violating Intellectual Property Rights of any third party, or other proprietary information, unless you have the right to do so;
d. You will not distribute, lend, sell, or otherwise transfer access to the Services or any Publication to any third party (except your child or your School Student as applicable) or use the Services for commercial purposes (except as otherwise specified in the agreement with the School);
e. You will not reverse engineer, decompile, interfere with, disrupt, create derivative works, copy or modify the Services, or tamper with, bypass, or alter any security or access restriction procedures;
f. You will not knowingly share on the Services or otherwise introduce any data containing any computer virus, spyware, adware or other harmful programming;
g. You will not sell, publicly display, perform, republish, or reproduce any Publication. We reserve the right (but have no obligation) to monitor the use of the Services, investigate violations of the terms of this Agreement or any laws or regulations, and take appropriate action.We shall have the right to temporarily suspend your access to the Services or terminate your account, and/or remove any content, including User Content, that we believe is in violation of this Agreement or otherwise objectionable or in breach of TextbookHub licensors’ obligations.
- Disclaimer of Warranty
(A) TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TEXTBOOKHUB SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
(B) WITHOUT LIMITING THE FOREGOING, NEITHER TEXTBOOKHUB NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, RELIABLE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY PUBLICATION, INFORMATION, OR SERVICE PROVIDED IN CONNECTION WITH THE SERVICES. WE DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICES OR REVIEW ANY CONTENT.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXTBOOKHUB OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO TEACH OR LEARN, AND LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT (A) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICES; (B) TEXTBOOKHUB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL USER CONTENT OR CONDUCT OF THIRD PARTIES INCLUDING TEXTBOOKHUB LICENSORS; AND (C) OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO TEXTBOOKHUB FOR THE PRECEDING TWELVE (12) MONTHS.
You agree to indemnify and hold TextbookHub, our subsidiaries, affiliates, directors, officers, agents, and employees harmless from all claims, losses, damages, liabilities, demands, costs, or expenses, including reasonable attorneys’ fees, arising out of your use or inability to use the Services, including but not limited to User Content you Share on the Services, your breach of the Agreement, or any violation of any applicable law or any right of any third party.
- Copyright Policy
If you believe that your work has been copied and shared on the Services in a way that constitutes copyright infringement, please notify the designated agent of TextbookHub, Inc.: Policy Manager of TextbookHub, Inc. at firstname.lastname@example.org, (480)366-5877, or 60 E Rio Salado Pkwy, Ste 900, Tempe, AZ 85281, USA.Pursuant to the DMCA, a notification of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Disputes and Governing Law
This Agreement shall be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Delaware, without regard to any conflict-of-law provisions and without application of the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Delaware. The parties hereby irrevocably waive trial by jury, and waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction,or venue,or based upon forum non conveniens.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OR INABILITY TO USE THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Term and Termination.
Either you or TextbookHub may terminate this Agreement at any time, for any reason. At the time of termination by either party, your right to access and use the Services will terminate immediately. If your account is terminated, you will remain responsible for all charges incurred up to the date of the termination. You acknowledge and agree that we will have no liability to you for any costs, expenses, or losses relating to termination of this Agreement, and that we may delete your User Content from the Services upon such termination.All provisions of this Agreement, which by their nature should survive termination, will survive termination, including without limitation, intellectual property provisions, disclaimers, indemnities and limitations of liability.
- Entire Agreement
This Agreement and the documents referred to in this Agreement or incorporated herein by reference set out the entire agreement and understanding between you and TextbookHub with respect to its subject matter and supersede all written or oral prior agreements, communications, and representations.
- Availability and Modification
We reserve the right to modify, suspend, or discontinue the Services at any time, in whole or in part, with or without notice. If we make material changes to this Agreement, we will notify you by posting an updated version of the Agreement on the Website. You acknowledge and agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services, in whole or in part.
Any notices or other communications provided by TextbookHub under this Agreement would be given by posting on the Services, and/or sending to an email address found in your account. All notices provided by you to TexbookHub must be given at email@example.com. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to an email address, unless we are notified that the email address is invalid. Notices posted on the Services are deemed given ten days following the initial posting.
To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of this Agreement, and it shall not affect the enforceability of the remainder of this Agreement, nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
- No Waiver
No partial exercise, failure, or delay in exercising any right, power, or remedy by TextbookHub shall constitute a waiver of, or impair, or preclude any further exercise of that or any other right, power or remedy arising under this Agreement or otherwise.
- Feedback and Contact Information
We welcome any feedback, comments and suggestions for improvement of our Services. By sending us emails, providing comments, suggestions, and other feedback relating to the Services, you grant us an irrevocable, non-exclusive, royalty-free, worldwide, transferable license, with the right to reproduce, distribute, modify, publicly display, prepare derivative works of, transmit, and otherwise use and exploit such feedback, for any purpose and in any manner.If you want to provide feedback, have any questions or concerns about the Services, please contact us at firstname.lastname@example.org, or at 60 E Rio Salado Pkwy, Ste 900, Tempe, AZ 85281, USA.