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TERMS OF USE

Recently updated: August 2013


GENERAL TERMS

These Terms of Use governs your relationship with Total Boox Ltd. ("Total Boox" or "we"), and set forth the terms and conditions under which Total Boox makes available its internet website, tablet application (the "App"), and the services available through the site, App, or otherwise provided by Total Boox (the "Services").

These terms and conditions, together with any and all other terms, conditions, rules, policies or procedures published via the App from time to time and related to User's use of the App and/or Services, each as amended from time to time by Total Boox, constitute a binding, legal agreement between you and Total Boox (the "Terms").

The terms "User", "you", "your" and "yours" when used in these Terms, mean each person or entity who uses the site, App and/or Services.

By clicking "I Agree" (or any other button indicating your acceptance of these Terms) you hereby agree to, and are bound by, these Terms. If you do not agree with any of the terms of contained herein, do not click such a button or otherwise access or use this Site or the Services. As long as you do not cease using this App and the Services, you will be conclusively deemed to have accepted these Terms.

  1. WHAT IS TOTAL BOOX?
    1. Total Boox´s reading application allow you to purchase a full-text digital literature and electronic books, by pre-paying a certain amount of money, to be spent against actual viewing of any pages of such Digital Content (as defined below), in accordance with the portions and/or segments actually viewed by you.
      For the first time, instead of buying full books before you read them, you can have full access to different types of content and be free to pick up any book you want, start it or leave it, browse it or read it, at anytime, anyplace - while only paying per page, for what you actually viewed.
    2. In these terms "Digital Content" shall mean digitized electronic content obtained through the App and/or Services, including without limitation, books from all genres, magazines and journals.
  2. REGISTRATION
    1. In order to access certain features of the Services, and to purchase access to Digital Content via the App, you must first register to create an account, and transfer a certain amount designated to buying books via the Services. Upon registering for an account, you will receive an account designation and will be asked to choose a password. You hereby warrant that any information provided by you at the time of registration, including any billing information, is complete and accurate, and you agree to ensure that such information is kept up to date.
    2. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
    3. If your billing information and payment source is invalid or if charges billed to you are declined, your account may be downgraded, suspended or cancelled, at Total Boox’s discretion. If your account is suspended, Total Boox may, but is not obligated to, maintain your account and/or related content and information, in order to allow you to pay the past-due charges and restore its account. If the charges are not paid, such account may be cancelled.
    4. Total Boox may, in its sole discretion, refuse to offer access to or use of the App and Services to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
  3. LICENSE AND IP
    1. The Digital Content is licensed, not sold. If you register to an account and buy Digital Content via the Services, you are granted a non-exclusive right to view, use, and display such Digital Content for an unlimited number of times, solely via your tablet and by using the App, and for your personal, non-commercial use only.
    2. You may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Digital Content or any portion thereto to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content. In addition, you may not edit, copy, reproduce, create derivative works of, alter, enhance, bypass, modify, defeat, or circumvent security features that protect the Digital Content, or otherwise exploit the Digital Content in any manner.
      You further warrant that you may not interfere with or disrupt the App or the Services, deny service to, hack, crack, reverse engineer, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services.
    3. The Digital Content is the copyrighted work of the relevant publisher and/or author of the book. You should assume that everything you see or read on Total Boox´s site, App or Services is copyrighted unless otherwise noted, and may not be used without Total Boox's prior written permission, except as otherwise provided herein.
    4. Total Boox retain all rights, including any intellectual property rights in the Total Boox´s logo, trademark, graphics, design, information, text, images, data and other material displayed, available or present on its site, App or Services (collectively, the "Total Boox Content"). You hereby acknowledge that you have no right, title or interest in or to any Total Boox Content.
  4. WIRELESS & SOFTWARE
    1. You will need to use wireless connectivity to allow you to shop for and view Digital Content via the App. If you are located in an area in which your device cannot maintain wireless connectivity, you may not be able to use some or all of the Services. We are not responsible for the unavailability of wireless connectivity for your tablet or any corresponding loss of Service.
    2. The App´s software (including any updates/upgrades to that software) is available for your use only via the App and through a tablet device. You may not separate nor transfer any individual component of the App´s software for use on another device other than the device to which you downloaded the App, and may not reverse engineer, sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to the App´s software in whole or in part.
      In order to keep the App up-to-date, we may automatically provide your device with updates/upgrades to the App´s software.
  5. PURCHASE AND PAYMENT
    1. In order to access the Digital Content offered on the App, User must first pre-pay a certain amount at his choice and deposit such amount in its account, as designated consideration for purchasing Digital Content.
    2. The payment shall be made either by Credit Card or PayPal. All amounts shall be expressed and paid in US Dollars. Please note, that we have a strict no refunds policy.
  6. WARRANTY DISCLAIMERS
    1. USER ACKNOWLEDGES AND AGREES THAT THE APP, THE SERVICES AND ANY OF THE DIGITAL CONTENT, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. TOTAL BOOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE APP (INCLUDING ITS CONTENT, PRODUCTS, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  7. LIMITATIONS OF LIABILITY
    1. TOTAL BOOX’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TOTAL BOOX IS TO DISCONTINUE YOUR USE OF THE APP. WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT TOTAL BOOX’S ENTIRE LIABILITY IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT. TOTAL BOOX AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE APP OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH TOTAL BOOX'S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TOTAL BOOX HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, TOTAL BOOX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TOTAL BOOX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY DIGITAL CONTENT OR PRODUCT OFFERED THROUGH THIS APP. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, TOTAL BOOX WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.
  8. PROVISION OF THE SITE AND THE SERVICES
    1. These Terms shall automatically become effective upon User's first use of the App or the Services, and continue indefinitely until it is terminated.
    2. Total Boox reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or delete the App or any part thereof. You acknowledge and agree that Total Boox shall not be liable to you or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Site.
    3. Total Boox may, without notice, and without refunding any fees, suspend or immediately remove any Digital Content offered on the App. This will not apply for Digital Content already purchased and accessed by you on your device.
  9. PRIVACY POLICY
    1. The App will provide us with data about your use of the App and its interaction with the Service. The App will also provide us with information related to the Digital Content on your App and your use of it (such as last page read and content archiving). Total Boox is concerned about your privacy and has created a policy to address privacy concerns. Your use of the App is governed by the privacy policy, which is available at www.totalboox.com/company/privacy (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these Terms by reference, and constitutes a part of these Terms.
    2. We use personal information that we collect to process your requests or transactions; to provide you the Services; to provide you with other information or services you request from time-to-time; to inform you about other information, events, promotions, products, or services we think will be of interest to you; to learn more about and improve the Services; and for the purpose for which information was provided. For example, personal information may be used to send you welcoming, account-related, or other customer service-related e-mails, SMS text messages, or other forms of electronic communication.
  10. MISCELLANEOUS
    1. These Terms comprises the entire agreement between you and Total Boox relating to the App and the Services.
    2. We may make changes to the materials and services offered on the App or Services and/or change the terms of these Terms at any time, so please review these pages regularly.
    3. Total Boox may, without notice, and without refunding any fees, disable User's account and User's access to use the App and/or the Services and Total Boox may recover from User any losses, damages, costs or expenses incurred by Total Boox resulting from or arising out of User's non-compliance with any provision of these Terms, improper or fraudulent activity in connection with the Services, or any other acts of the User that may cause legal liability or financial loss to Total Boox, its affiliates and/or users.
    4. Total Boox may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
    5. The App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel You agree that all such disputes shall be brought exclusively in the appropriate courts of the Tel-Aviv District.
    6. All notices and other communications required or permitted to be given by Total Boox to User under these Terms will be deemed to be properly given on the date when: either posted on the site or App, or sent by email to the email address that the User last recorded by Total Boox.
      User may give notices to Total Boox by email support@TotalBoox.com