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USER AGREEMENT
1. DEFINITION
1.1 “User” means all persons accessing The Website and includes individuals or parties
intending to:
- a) Purchase a book(s) (the “Reader”);
- b) Publish a book(s) (the “Publisher”); and/or
- c) Buy or sell services (the “Printer” / the “Service Provider” / the “Researcher” /
the “Translator”).
2. ACCEPTANCE OF TERMS.
2.1 Welcome to
www.ReadHowYouWant.com (“ReadHowYouWant”,
“we” and “us”) and www.ReadHowYouWant.com (“The Website”). We provide The Website (as defined below) to you,
subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to
time without prior notice. You agree that your continued use of The Website after such update will constitute your
acceptance of and agreement to be bound by the updated TOS. In addition, when using particular ReadHowYouWant.com
services via The Website, you and we shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference
into this Agreement. We also may offer other services from time to time that may be governed by different Terms of
Services. 3. DESCRIPTION OF THE WEBSITE
3.1 We currently provide users with access to an online bookshop where users can select the
format of the books on The Website, and access to information relating to The Website, and to other services we can
provide via The Website. If you wish to use other services, such as to publish a book on The Website, you will need
to enter into another agreement in addition to this one. Unless explicitly stated otherwise, any new feature,
facility, service or information that augments or enhances The Website as it currently is, shall be subject to this
Agreement. You understand and agree that The Website is provided "AS-IS" and that we assume no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3.2 In order to use The Website, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with such access. You
acknowledge that we are not responsible or liable in any way for your access to the World Wide Web.
3.3 In addition, you must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible
for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for
obtaining access to The Website.
4. YOUR REGISTRATION OBLIGATIONS
4.1 In consideration of The Website being made available to you, you agree to:
- a) Provide true, accurate, current and complete information about yourself as prompted
by The Website's registration form (such information being the "Registration Data"); and
- b) Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete.
- c) If you provide any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of
The Website (or any portion thereof) without any liability to you.
- d) You agree that we are not liable if you supply an incorrect address and we are
unable to deliver goods to you as a result of the incorrect or incomplete address.
5. READHOWYOUWANT.COM PRIVACY POLICY
5.1 Registration Data and certain other information about you is subject to our Privacy Policy
which is incorporated by reference into and made a part of this TOS. By giving the Registration Data and certain
other information about yourself to us, you agree and acknowledge that we may release such information to third
parties as specified in the Privacy Policy, such as printers so they can organize the delivery of books to you, and
that you give consent to such disclosure.
6. USER ACCOUNT, PASSWORD AND SECURITY
6.1 You will receive a password and account designation upon completing The Website's
registration process.
6.2 You are responsible for maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under your password or account. You agree to:
- a) Immediately notify us of any unauthorized use of your password or account or any
other breach of security; and
- b) Ensure that you exit from your account at the end of each session. We cannot and
will not be liable for any loss or damage arising from your failure to comply with this Section 6.
6.3 Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of
your account, at ReadHowYouWant.com sole discretion, and ReadHowYouWant.com may refer you to appropriate law
enforcement agencies.
7. USER CONDUCT
7.1 You understand and acknowledge that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately
transmitted via The Website, are the sole responsibility of the person from whom such Content originated. This
means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise
transmit via The Website.
7.2 We cannot and do not control or monitor the Content posted via The Website and, as such,
cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that
by using The Website, you may be exposed to Content that is offensive, indecent or objectionable.
7.3 Under no circumstances will we or our licensors, suppliers, vendors, parent, holding,
subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any
way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content,
any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise transmitted via The Website.
7.4 You agree to not use The Website to:
- a) Interfere with or disrupt The Website or another person's use of The Website or
servers or networks connected to The Website, or disobey any requirements, procedures, policies, or regulations of
networks connected to The Website; and
- b) Collect or store personal data about any other user.
7.5 You acknowledge that we cannot and do not pre-screen Content, but that we and our designees
shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is
available via The Website.
7.6 Without limiting the foregoing, we and our designees shall have the right to remove any
Content (whether or not provided by you) that violates this Agreement or is otherwise objectionable in our sole
opinion, without being liable to you in any way for any loss or damage arising from such removal.
7.7 You agree that you must and will evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not and will not rely for any purpose on any Content created by us or submitted to us,
including without limitation information in other parts of The Website.
7.8 You acknowledge and agree that we may in our sole discretion preserve any Content, and
disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to:
- a) Comply with legal process;
- b) Enforce this Agreement;
- c) Respond to claims that any Content violates the rights of third-parties; or
- d) Protect the rights, property, or personal safety of our users, the public and us.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
8.1 Recognizing the global nature of the Internet, you agree to comply with all applicable
laws, statutes, regulations, rules and codes (whether local or otherwise) regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data
exported from the country in which you reside.
9. INDEMNITY
9.1 You agree to indemnify and hold us, and our licensors, suppliers, vendors, parent, holding,
subsidiary and related companies, affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to, transmit or make available through The Website, your use of The Website, your
connection to The Website, your violation of this Agreement, your violation of any rights of any other person, or
your breach of any applicable law.
10. NO RESALE OF THE WEBSITE
10.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes (other than the purchase of goods and services through The Website) any portion of The Website, use of The
Website, or access to The Website.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
11.1 You acknowledge that we may in our sole discretion establish general practices and limits
concerning use of The Website and that we reserve the right to terminate and/or delete accounts that are inactive
for an extended period of time.
11.2 You further acknowledge that we reserve the right to modify these general practices and
limits at any time, in our sole discretion without notice, and you agree that your continued use of The Website
after such modification will constitute your acceptance of and agreement to be bound by the modified general
practices and limits.
12. MODIFICATIONS TO THE WEBSITE
12.1 We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, The Website (or any part thereof) without notice. You agree that we shall not be liable
in any way to you or to any third party for any modification, suspension or discontinuance of The Website.
13. TERMINATION
13.1 You agree that we, in our sole discretion, may terminate your password, account (or any
part thereof) or use of The Website, and remove and discard any Content within The Website, for any reason,
including, without limitation, for lack of use or if we in our sole discretion believe that you have violated or
acted inconsistently with the letter or spirit of this Agreement.
13.2 You agree that we may in our sole discretion and at any time discontinue providing The
Website, or any part thereof without notice. You also agree that any termination of your access to The Website
under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may in our
sole discretion immediately deactivate or delete your account and all related information and files in your account
and/or bar any further access to such files or The Website.
13.3 Further, you agree that we shall not be liable in any way to you or any third-party for any
termination of your access to The Website.
14. LINKS
14.1 The Website may provide, or third parties may provide, links to other World Wide Web sites
or resources. You acknowledge and agree that we have no control over such sites and resources, and that we are
therefore not responsible for the availability of such external sites or resources, and do not endorse and are not
responsible or liable for any Content, advertising, products, or other materials on or available from such sites or
resources.
14.2 You further acknowledge and agree that we shall not be responsible or liable in any way for
any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
15. OUR PROPRIETARY RIGHTS
15.1 You acknowledge and agree that The Website and any necessary software used in connection
with The Website ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws.
15.2 We grant to you a personal, non-transferable and non-exclusive right and licence to use the
object code of our Software on personal computers, provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software.
15.3 You agree not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized access to The Website. You
agree not to access The Website by any means other than through the interface that is provided by us for use in
accessing The Website.
16. TRANSFER OF RIGHTS
16.1 We reserve the right to assign, transfer, charge or sub-licence our rights or obligations
under this Agreement without the prior notice or consent from you.
17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
17.1 Your use of The Website is at your sole risk. The Website is provided on an "as is" and "as
available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies,
affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement (other than any warranty the exclusion of which is not lawful).
17.2 We and our licensors, suppliers, vendors, parent, holding, subsidiary and related
companies, affiliates, officers, agents and employees make no warranty that;
- a) The Website will meet your requirements;
- b) The Website will be uninterrupted, timely, secure, or error-free;
- c) The results that may be obtained from the use of The Website will be accurate or
reliable;
- d) The quality of any products, services, information, or other material purchased or
obtained by you through The Website will meet your expectations; and
- e) Any errors in the software will be corrected.
17.3 Any material downloaded or otherwise obtained through the use of The Website is done at
your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material.
17.4 No advice or information, whether oral or written, obtained by you from us or our
licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or
employees or through or from The Website shall create any warranty not expressly stated in this Agreement (save for
any fraudulent misrepresentation by us or our licensors, suppliers, vendors, parent, holding, subsidiary or related
company, affiliate, officer, agent or employee, as the case may be).
18. EXCLUSION OF LIABILITY
18.1 You expressly understand and agree that we and our licensors, suppliers, vendors, parent,
holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers,
vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be,
have been advised of the possibility of such damages), resulting from:
- a) The use or the inability to use The Website;
- b) The cost of procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or transactions entered into through or
from The Website;
- c) Unauthorized access to or alteration of your transmissions or data;
- d) Statements or conduct of any third party on The Website;
- e) Any goods or services obtained or disposed of or messages sent or received using
The Website; or
- f) Any other matter relating to The Website.
18.2 In any event, any liability of The Website, ReadHowYouWant.com, their affiliates,
employees, agents, content providers and licensors shall not exceed the amount paid by you to The Website in the 12
months prior to the claimed injury or damage.
19. DISCLAIMERS AND LIMITATIONS
19.1 You acknowledge that the disclaimers and exclusions of liability set forth in sections 16
and 17 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us,
taking all relevant factors into consideration, including without limitation the value of the consideration
provided by you to us and the availability and costs of insurance with respect to the said risks.
19.2 You further agree that these disclaimers and limitations shall be enforceable to the
fullest extent permitted by applicable law.
20. NOTICE
20.1 Notices to you may be made via either email or regular mail. The Website may also provide
notices of changes to this Agreement or other matters by displaying notices or links to notices on The Website. You
agree that such notices by email or regular mail, and such display of notices or links to notices on The Website,
will constitute sufficient and adequate notice to you of the matters contained therein.
21. TRADEMARK INFORMATION
21.1 ReadHowYouWant.com, the ReadHowYouWant.com logo and other ReadHowYouWant.com logos and
product and service names are trademarks of our licensors, suppliers, vendors, parent or holding company, as the
case may be (the " ReadHowYouWant.com Marks"). You agree not to display or use in any manner the ReadHowYouWant.com
Marks without the prior permission of our licensor, supplier, vendor, parent or holding company or us, as the case
may be.
22. COPYRIGHTS
22.1 We respect the intellectual property of others, and we ask our users to do the same.
22.2 If you believe that your work has been copied in a way that constitutes copyright, trade
mark or other intellectual property infringement, please provide us with the following information:
- a) An electronic or physical signature of the person authorized to act on behalf of
the owner of the intellectual property interest;
- b) A description of the intellectual property right that you claim has been infringed;
- c) A description of where the material that you claim is infringing is located on the
site;
- d) Your address, telephone number, and email address;
- e) A statement by you that you have a good faith belief that the disputed use is not
authorized by the intellectual property right owner, its agent, or the law;
- f) A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the intellectual property right owner or authorized to act on the
intellectual property right owner's behalf.
23. GENERAL INFORMATION
23.1 This Agreement constitutes the entire agreement between you and us and governs your use of
The Website, superceding any prior understandings and agreements between you and us and any previous statements or
representations from either party to the other party.
23.2 For the avoidance of doubt, you and we are the only parties to this Agreement. This
Agreement and the relationship between you and we shall be interpreted in all respects in accordance with the laws
and regulations applicable to an offshore company in the Federal Territory of Labuan, Malaysia.
23.3 Our failure to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
23.4 If any provision of this Agreement is found to be invalid, the parties nevertheless agree
that the Agreement applies to the maximum extent permitted by law so as to render this Agreement valid and
enforceable, and that the other provisions of this Agreement shall remain in full force and effect.
24. VIOLATIONS AND OBJECTIONABLE MATERIALS
24.2 If you believe you have been defamed in a way that is damaging to your reputation, please
provide us with the following information:
- a) A description of the material statement that you claim is damaging;
- b) A description of where the material that you claim is damaging is located on the
site;
- c) Your address, telephone number, and email address;
- d) A statement by you that you have a good faith believe that the statement is
damaging to you;
- e) A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate.
25. DELIVERY OF GOODS
25.1 You are under an obligation to provide the correct address for the delivery of goods and we
are not responsible for goods if the address is incorrect or incomplete.
25.2 If you select normal postage, we will be responsible for getting the product to the postal
service and then our responsibility shall come to an end and you shall be responsible for contacting the postal
service in case of non-delivery or mis-delivery, and obtaining compensation from the postal service.
25.3 If you select a delivery method that requires someone to sign for the document, and you put
a post box or other similar delivery destination, then we will be responsible for delivering the goods to the post
office and we will not be responsible for the goods reaching you.
25.4 If you select a delivery method that requires someone to sign for the document, please
ensure that someone is available in normal office hours to sign for the delivery.
26. RETURNS POLICY
26.1 We will make a book as you want it. We have test books you can download free to check that
you find the format of the book acceptable. We are not equipped to resell a book (or the CD, the e-book or Braille
book) you have ordered, so if you order a book, you must check the format of the book before you pay for it,
because we cannot accept returns except where the book itself is manufactured in a defective manner – for example,
it is missing pages or badly bound. If you do want to return a book, CD or e-book, please email us at
returns@ReadHowYouWant.com for
instructions on how to do this. You must include you name, delivery address and order number, so please retain
this information. 27. CANCELLATION OF ORDERS
27.1 If for any reason we are or become unable to fulfill an order made via The Website, we may
at any time cancel the order and refund the payment in full made by you for the order, and we will be under no
further liability to you.
28. TRANSLATIONS
28.1 If you are reading this document or any other legal document on The Website in a language
other than English, then this document is a translation. Whilst we have tried to make the translation as accurate
as possible, if there are any discrepancies between the version you are reading and the English language version,
the English version shall take precedence. If there is a dispute involving a document on The Website, then the
English version shall determine your rights and obligations.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS
TERMS.
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