| |
| Thank you for your interest in TeamName.com |
| |
| Please read the following end user license agreement (EULA) carefully.
This agreement is a legal contract between you (End User) and
TeamName.com. It contains the terms that govern your purchase of
our eBooks and your use of related TeamName.com software,
services and websites (together the TeamName.com Services). |
| |
| Only if you agree to these terms, should you click “Agree”, and submit
an order for a eBook to TeamName.com. |
| |
| By submitting an order for a ebook, you agree to the following terms. |
| |
| 1. About you |
| |
| You must be an end user customer only, and of a legal age to form a
binding contract with TeamName.com in the country in which you
submit an order for a eBook. You must not be barred from purchasing
an eBook under any applicable law. |
| |
| 2. Order and Activation of eBooks |
| |
| (a) To acquire a eBook, you must first submit an order for the eBook
to TeamName.com through the TeamName.com Product Activation
Setup and give TeamName.com either: |
| |
| (i) valid credit card details to pay the purchase price for the eBook; or |
| |
| (ii) valid activation key. |
| |
| (b) After TeamName.com processes your order for a eBook and receives
your payment or validates your activation key, TeamName.com
will enable you to activate the eBook using the TeamName.com Product
Activation Setup or similar interface to allow you to activate the
eBook on your device. |
| |
| (c) TeamName.com will also send you an activation key to use when
you wish to reactivate the eBook on your device. |
| |
| (d) Occasionally, technical problems may delay or prevent your activation
of a eBook. In that case if you cannot activate the eBook within a
reasonable time, your sole remedy in relation to that eBook is, to the
extent permitted by applicable law, the replacement of the eBook. |
| |
| (e) TeamName.com reserves the right to change, suspend, remove or
disable access to a eBook or the TeamName.com Services at any time
without notice and, to the extent permitted by applicable law, without
liability to you or any third party, except that TeamName.com will
replace a eBook that you cannot activate for the reasons given in this
paragraph. |
| |
| (f) TeamName.com will use the details provided by you to send you a
receipt for the eBook and give you technical support, by email. |
| |
| 3. Your use of the eBooks |
| |
| You may only: |
| |
| (a) activate a eBook on a single device unless the TeamName.com System
permits otherwise. The activation key provided by TeamName.com enables
you to reactivate the eBook on your device if it is lost, damaged or
destroyed or if you upgrade your device so long as TeamName.com is
satisfied with your explanation about your device, in its sole discretion.
You must not make a eBook available over a network where it could be used
by multiple devices or multiple computers at the same time. |
| |
| (b) use the eBooks for personal, non-commercial use. You must not, except
to the extent permitted by applicable law, resell, redistribute, transfer,
assign, sub-license, modify, adapt or create derivative works of, any of
the eBooks that you activate. |
| |
| 4. Prices and taxes |
| |
| If you pay for the eBook using a credit card: |
| |
| (a) TeamName.com may change the prices of eBooks at any time, except that,
subject to clause 4(a) (ii), TeamName.com will charge you the price for a
eBook that you order under this EULA that is current at the date and time of
your order. You agree that TeamName.com may charge your credit card for
any eBooks ordered under this EULA and for any additional amounts that may
have accrued in relation to your orders. |
| |
| (b) The price of the eBooks includes goods and services taxes such as GST
and VAT and other applicable taxes. If the applicable rate of these taxes
changes before you activate a eBook, the new tax rate in effect at the time
of activation applies. |
| |
| 5. Ownership |
| |
| (a) You acknowledge that you do not own any copyright in the eBooks, or any
other intellectual or other property in or related to the eBooks (or any of
the other TeamName.com Services). You only have the right to activate and
use the eBooks on a non-exclusive basis according to this EULA, and you agree
that any other use of the eBooks and other materials in the other
TeamName.com Services may constitute a copyright or other intellectual
property infringement. |
| |
| (b) You must inform TeamName.com of any unauthorized use of a eBook and of
any other infringement of TeamName.com’s or any other person’s intellectual
property in relation to a eBook that you become aware of, as soon as
practicable. |
| |
| (c) TeamName.com is authorized to license you the eBooks under this EULA by
the publishers of the eBooks as agent for the publisher. |
| |
| 6. Content |
| |
| TeamName.com has no editorial or other control over the content of the eBooks.
You understand that, by accessing or activating a eBook, you may encounter
content that may be offensive, indecent or objectionable, whether because of
language, nudity, violence or for other reasons. You agree to read all applicable
ratings requirements and to comply with accompanying age restrictions. |
| |
| 7. Security and copyright notices |
| |
| (a) You acknowledge that the eBooks may contain digital rights management
information and technological protection and other security measures. Except to
the extent permitted by law, you must not, and must not encourage or assist
anyone else to, violate or attempt to violate any security components of or
related to the eBooks, whether by circumventing, reverse-engineering,
decompiling, disassembling, circumventing, modifying, interfering with, removing
or altering, this information or these measures, or in any other way. |
| |
| (b) You must not remove, obliterate or cancel from view any copyright, trade mark
or other proprietary notice, mark or legend appearing on any eBook and you must
ensure that these notices appear on any backup copy of a eBook that you make. |
| |
| 8. Your responsibilities |
| |
| You: |
| |
| (a) are responsible for any system requirements and fees that are necessary for
you to order and activate eBooks; |
| |
| (b) must comply with all applicable laws relating to your order and activation
of the eBooks; and |
| |
| (c) agree to give TeamName.com accurate, current and complete information that
is required for you to order and activate eBooks. |
| |
| 9. Privacy |
| |
| (a) In order to order and activate eBooks and use related TeamName.com Services,
you may be required to provide information about yourself. TeamName.com is
committed to protecting your privacy. You may review TeamName.com’s Privacy
Policy. |
| |
| (b) Without limiting the terms of TeamName.com’s Privacy Policy, you agree that
TeamName.com may: |
| |
| (i) collect and use technical data and related information, including but not
limited to technical information about your device, system and application
software and peripherals, that is gathered periodically to facilitate the
provision of eBooks to you, and related services. TeamName.com may use this
information, as long as it is in a form that does not personally identify you,
to improve its products or to provide services to you; and |
| |
| (ii) without liability to you, disclose any information about you to law enforcement
authorities, government officials, a third party or any of them, as TeamName.com
thinks is reasonably necessary or appropriate to enforce or verify compliance with
this EULA. |
| |
| 10. TeamName.com’s exclusions and limitations of liability |
| |
| (a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, EBOOKS ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, EXCEPT AS EXPRESSLY SET OUT IN THIS EULA, TEAMNAME.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS CONCERNING THE SUBJECT-MATTER OF THIS EULA, INCLUDING BUT NOT LIMITED TO: |
| |
| (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND |
| |
| (ii) REPRESENTATIONS AND WARRANTIES THAT YOUR USE OF THE TEAMNAME.COM SERVICES
WILL BE UNINTERRUPTED, OR ERROR FREE, OR FREE FROM ANY SECURITY INTRUSION. |
| |
| (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN
THIS EULA YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TEAMNAME.COM NOR ITS
AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS OR
CONTRACTORS, IS LIABLE TO YOU IN CONNECTION WITH YOUR ORDERS AND ACTIVATION OF
EBOOKS AND OTHER USES OF THE OTHER TEAMNAME.COM SERVICES FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO: |
| |
| (i) FOR CONTENT THAT MAY BE FOUND OFFENSIVE, INDECENT OR OBJECTIONABLE; |
| |
| (ii) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF TEAMNAME.COM INCLUDING HYPERLINKS TO OTHER WEB SITES OR OTHER CONTENT ON ITS WEBSITES, INCLUDING ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY THESE HYPERLINKS OR CONTENT; OR |
| |
| (iii) DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, |
| |
| HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING BUT NOT IMITED
TO NEGLIGENCE) OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY
OF THESE LOSSES. |
| |
| (c) NOTHING IN THIS EULA EXCLUDES OR LIMITS TEAMNAME.COM'S WARRANTIES OR LIABILITY THAT MAY NOT LAWFULLY BE EXCLUDED OR LIMITED. WITHOUT LIMITING THIS, CONSUMERS IN THE UNITED STATES AND SOME OTHER COUNTRIES, MAY HAVE THE BENEFIT OF CERTAIN RIGHTS AND REMEDIES BY REASON OF THE TRADE PRACTICES ACT AND SIMILAR STATE AND TERRITORY LAWS, AND OTHER LEGISLATION, IN RESPECT OF WHICH LIABILITY MAY NOT BE LAWFULLY MODIFIED OR EXCLUDED. IF YOU PURCHASE A EBOOK IN THE UNITED STATES, AND IF TEAMNAME.COM BREACHES AN IMPLIED CONDITION OR WARRANTY THAT CANNOT LAWFULLY BE MODIFIED OR EXCLUDED BY THIS EULA THEN, TO THE EXTENT PERMITTED BY LAW, TEAMNAME.COM'S LIABILITY IS LIMITED, AT TEAMNAME.COM'S OPTION TO THE RESUPPLY OF THE SERVICES OR THE COST OF HAVING THE SERVICES RESUPPLIED. |
| |
| 11. Changing this EULA |
| |
| TeamName.com may change the terms of this EULA from time to time. If TeamName.com
does this, it will post the revised terms on the TeamName.com website. You agree
that if you order and activate a eBook after TeamName.com has changed these terms,
you are bound by the changed EULA. |
| |
| 12. Terminating this EULA and cancelling the TeamName.com Services |
| |
| TeamName.com may, at its option, terminate this EULA and all licenses granted under
it, or stop or limit access to the TeamName.com Services (or any of these things)
if you fail, or TeamName.com suspects you have failed, to comply with any of your
obligations under this EULA, or if TeamName.com is required to do so by applicable
law. In that case, but without limitation, you are still liable for all amounts due
to TeamName.com under this EULA to the date of termination. |
| |
| 13. Cancelling the TeamName.com Services |
| |
| TeamName.com may cancel the TeamName.com Services at any time, without notice. |
| |
| 14. Third party beneficiaries |
| |
| You agree that each member of the TeamName.com group of companies, TeamName.com’s
affiliates and its Distributors and the copyright owners or licensees of the eBooks,
are third party beneficiaries to this EULA and may enforce any provision that confers
a benefit on them. |
| |
| 15. Entire agreement and jurisdiction |
| |
| This EULA constitutes the entire agreement between you and TeamName.com about its
subject-matter. Any previous understanding, agreement, representation or warranty
relating to that subject-matter is replaced by this document and has no further effect. |
| |
| Any sales transaction under this EULA is undertaken in accordance with The United States
law. End Users are solely responsible for compliance with all laws in any jurisdiction
that may also apply to the purchase of a eBook from TeamName.com. |
