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Kortext Terms and Conditions Use – EULA

Terms and conditions of use of this website

Your use of the Kortext Service, (the “Service”) and your agreement to purchase eContent or use eContent purchased on your behalf or use the Service to read and use other eContent that can be downloaded into the Service or accessed through the Service is subject to the following terms and conditions:

Please read these terms and conditions carefully.

1. The Agreement

We, Kortext Ltd (“Kortext”), having our registered office at Suite B, 6th Floor, Avalon, 26-32 Oxford Road, Bournemouth, BH8 8EZ are providing you with the “Service” and access to digital versions of certain ebooks and / or other content (“eContent”) and certain proprietary electronic resources (“eResources”) and the ability to use the Kortext Reader software and Service to access and read other eContent supplied by other third parties that produce digital content compatible with the Service ad the Kortext Reader (“Digital Content” on the condition that you agree with and accept all of the terms and conditions set out below. These Terms and Conditions of Use, together with all updates, and the Kortext Privacy Policy, (“Privacy Policy”) as amended from time to time and hereby deemed to be incorporated, shall constitute the “Agreement”.

2. Definition of the Service

Kortext provides you with access to its Systems, Software and separate offline reading software apps (the “Kortext Reader”) along with eContent and eResources and the ability to access other Digital Content in return for a fee (collectively, the “Service”). To access such eContent, you, or someone else on your behalf, may purchase access to the eContent for you. Once you have accessed the eContent online, you have the ability to view it offline in the Kortext Reader apps. Viewing eContent offline is explained in greater detail below. In addition, to access eResources, you will be re-directed to the third party website that is providing the eResource and once on that third party website, you will enter the access code for the eResource that was purchased or via “Single Sign On” you may be allowed access directly into the eResources. In addition you may use the Kortext Reader and the Service to access other Digital Content that is free and / or otherwise compatible with the Kortext Reader and the Service.

The Service consists of software systems, reading apps, documentation, fonts and eContent provided by Kortext and its Licensors including third party publishers which are included, where applicable, in the Service and are licensed, to you by Kortext for use only under these terms and conditions. Kortext and/or Kortext’s licensors and publishing partners retain ownership of the Kortext Software, eContent, eResources, Digital Content and any other component of the Service itself and reserve all rights not expressly granted to you. Kortext, at its discretion, may make available future updates to the Service. The Kortext software and Service updates, if any, may not necessarily include all existing software features or new features that Kortext releases for newer operating system versions or other devices. The terms of this License will govern any software updates provided by Kortext that replace and/or supplement the original Kortext software product, unless such update is accompanied by a separate license in which case the terms of that license will govern such update.

3. Your Agreement

By clicking the check box labelled “Yes, I have read and agree to the Kortext Terms and Conditions of Use” when you first access the Service, you will be entering into a binding legal agreement as detailed in this Agreement and its accompanying Privacy Policy located at http://www.kortext.com/privacy. If you do not agree to the terms of this Agreement do not install the Kortext Reader apps and / or use the Service. If you have any questions about the terms and conditions in this Agreement contact us at help@kortext.com.

4. Use of the Service for eContent

As a customer of Kortext, you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Service and access and use eContent that you or someone on your behalf has purchased access to for you, and to reproduce and store portions of that eContent for your personal, non-commercial use, all according to the terms and conditions of this Agreement. In addition, as a customer, you may:

  • view all content of any and all of the eContent that you have access to for the purchase term;
  • print and/or copy and paste digital pages of the eContent for your personal, non-commercial use and reference in connection with your work; however, the number of pages that you may print, copy and paste is limited.
  • personalise the Kortext experience by creating bookmarks and adding personal notes;
  • purchase access codes to access other ebooks, etextbooks and content and online resources from certain third party websites; and
  • obtain a refund as long as you are eligible to receive a refund as described in our Refund Policy below.

 

Offline Option:

When you use eContent as part of the Service, you also have the option to access and view your eContent offline using the Kortext Reader apps. You may check out an entire eContent file. If you are viewing any eContent offline, you will not have access to all of the features that are available if you view the eContent online. For more details on the offline option, please refer to our Customer Help FAQ section on the Kortext website which is accessible from the help page. The access period for individual eContent may vary for our rental program. The access period can be seen on each eContent product page and is also visible in the shopping cart during the checkout process if you are purchasing access to such eContent personally. Once you have purchased any eContent, the expiration date is visible beside each eContent title on the My Bookshelf page. You can renew your access of your eContent from the Kortext Site, as needed.

The Kortext Reader software contains Adobe® Reader Mobile SDK™ distributed pursuant to an agreement with Adobe Systems Inc. 345 Park Avenue, San Jose, CA 95110, which is a third party beneficiary entitled to enforce Kortext’s rights and your obligations hereunder and to seek appropriate legal and equitable remedies, including but not limited to, damages and injunctive relief, for your breach of such obligations. You agree not to delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Kortext and its suppliers and Licensors appearing on or within the Software.

Digital Rights Management:

The Kortext Reader software contains software code used for performing operations on content protected by Digital Rights Management (“DRM Content”). You agree not to perform any actions in, with or upon Kortext Reader that are performed for the purpose of subverting DRM Content.

Kortext Reader stores and transmits information regarding your usage of Kortext Reader to Adobe Systems Incorporated as part of providing DRM Content and only for eContent that is accessed through the Kortext Reader. This information may include the time period in which you read a given book, the last page number you read, and other information. More information about the use of personal information for DRM Content is available at http://www.adobe.com/privacy.html

5. Limits on Your Use of the Service

No Ownership Rights:

You are only granted a limited right to access the eContent in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service and the eContent shall at all times remain vested in Kortext, its Licensors and the publishers and authors of the eContent, as applicable. Your use of the Service does not give you any ownership rights in any part of the Service or for the avoidance of doubt the eContent. In addition you agree you may not rent, lease, lend, sell, redistribute or sublicense the Kortext Software, Service or eContent. You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Kortext Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Kortext Software). Any attempt to do so is a violation of the rights of Kortext and its licensors, in violation of this Agreement and may be subject to prosecution and damages.

To the extent that any part of the Service may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the Service belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use, display or publicly perform such content.

Third Party Acknowledgements:

Portions of the Service and Software may utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Kortext Software, and your use of such material is governed by their respective terms.

Personal Use of the Service:

You also agree that the Service is provided for your own personal use. You also agree that you will not share your password to, or any printed portions of, the Service or any eContent or eResource with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not make print or electronic copies of any portions of the eContent for anyone other than yourself to use, nor will you employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce eContent.

Removal of eContent and eResources:

You agree that Kortext may, at any time and with or without prior notice, remove eContent or eResources or other content from the Service and/or withdraw or remove features of the Service if Kortext determines that, in its sole discretion, it does not possess the appropriate or necessary rights or for legal or regulatory reasons is no longer able to provide you with access to such eContent, eResource or other Content. In the event Kortext elects to remove any eContent or eResource from the Service, you agree that your sole and exclusive remedy shall be a refund for the removed eContent or eResource. You are advised to maintain back-up copies of any personal notes you may incorporate in order to personalise the Kortext experience in order to avoid these being lost in the event Kortext elects to remove any eContent or eResource from the Service in accordance with this paragraph.

Unauthorized Use of Your Account:

You agree to promptly notify Kortext of any known or suspected unauthorised use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. Such notification should be sent via email to customerservice@kortext.com. Kortext shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.

Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:

  • Redistributing, reselling or sharing eContent or eResources from the Service;
  • Indexing scraping or using WebCrawler or any other similar software
  • Making mass, automated or systematic extractions from the Service
  • Violating applicable laws and regulations
  • Using the Service to harm minors
  • Interfering with others’ use of the Service
  • Using the Service to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the Service
  • Using the Service to create a false identity or to impersonate another person
  • Using the Service to advertise or promote other Internet sites or services or any other business or activity

 

In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service. The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem, acting reasonably, to be inappropriate, objectionable or impairing a third party’s use of the Service or threatening the integrity or security of the Service.

Enforcement of These Terms:

Except as described in this paragraph, any other use of the Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable laws and regulations. In addition, you agree that Kortext has the right, without liability to you, to disclose any Registration Data (as defined in paragraph 11 below) and/or account information to law enforcement authorities, government officials, and/or a third party, as Kortext believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Kortext’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

6. Kortext’s Privacy Policy

Except as otherwise expressly provided for in this Agreement, the Service is subject to Kortext’s Privacy Policy, which policy is expressly made part of this Agreement. If you have not already read Kortext’s Privacy Policy, you should do so now. See http://www.kortext.com/privacy or visit the Kortext website at www.kortext.com

7. Your Information

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Kortext may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Kortext may store and use the Registration Data you provide (including credit or debit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit or debit card or PayPal account.

8. Limits on Your Use of the Service

When you use the Service as a paying customer, you agree (i) to timely pay the applicable Service fees and (ii) to provide Kortext with valid credit or debit card or PayPal account details for payment of all fees. All fees are payable in advance and include all applicable taxes. Kortext reserves the right to change the amount of, or basis for determining, any fees or charges for our Service.

9. Refund Policy

Please note that unless both you and we have agreed otherwise, we will begin to supply the Service as soon as your order is received and accepted by us and accordingly you will not then be able to cancel that order under the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 or any other applicable laws or guidelines. For more information about those Regulations please contact your citizens’ advice bureau or a solicitor.

10. Intellectual Property

eContent and eResources are Protected by Intellectual Property Rights. You agree that the contents of the eContent and eResources are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to Kortext and the various publishers (the “Publishers”) and authors (the “Authors”) whose content is being made available to you as eContent or eResources, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or developed in the future. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Kortext Site are protected trademarks, trade dress or other rights of Kortext and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Kortext or the other owners of the rights.

(1) No Modification of eContent or eResources.
You agree that you will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the eContent or eResources, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair dealing provisions of UK copyright law. For more information about those provisions please contact your citizens’ advice bureau or a solicitor or http://ipo.gov.uk/types/copy/c-other/c-exception.htm .

(2) Amendment, Withdrawal or Removal of Features of the Service.
The Service is intended to be an innovating and dynamic on-line publishing environment and Kortext may amend, withdraw or remove features of the Service at any time, and without prior notice to you.

11. Termination of Your Right to Use The Service

Kortext may terminate your use of the Service for your breach of this Agreement and no refund of any fees will be made. If Kortext terminates the Agreement for any other reason, Kortext will make a refund of fees paid by you. You may terminate your use of the Service at any time provided that we shall not be required to give any refunds except to the extent that we have failed to comply with our obligations under this Agreement.

Upon termination for any reason, your right to use the Service, and all associated licence rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Kortext.

12. Additional Terms

Entire Agreement:

We intend to rely upon the Agreement as the entire understanding between you and us relating to the Service

Force Majeure:

Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

Governing Law:

This Agreement will be governed by the laws of England and Wales and we both agree to submit to the exclusive jurisdiction of the English courts

Dispute Resolution:

We will try and solve any disagreements between you and us quickly and efficiently. If you are not happy with the way we deal with any such disagreement, you and we may agree to refer the matter to arbitration but you and we are not restricted from bringing court proceedings.

Disclaimer of Warranties:

The Service and all materials, information, software, facilities, services and content in the Service, including without limitation the eContent and the eResources or any other eContent whatsoever, are provided “as is” and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Service is entirely at your own risk. In particular, we do not expressly promise that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected or that the Service or the servers that may be used to make the Service available are free of viruses or other harmful components. We do not promise or make any representations regarding the use of the results of the use of the material, information, software, facilities, services and content in the Service, including without limitation the eContent, the eResources or any other content that you may access, or any websites linked to the Service in terms of their correctness, accuracy, reliability or otherwise. We make no promises that your use of the materials, information, software, facilities, service and content in the Service, including without limitation the eContent, the eResources, or any other content or any website will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Service, including without limitation the eContent and the eResources, or any other website or content. This paragraph does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.

Limitations of Liability:

We will only be required to compensate you for any loss or damage you may suffer in connection with the Service if: (a) we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence); and (b) such failure is not attributable to: (i) your own fault; (ii) a third party unconnected with our performance of this Agreement (e.g. problems due to your network provider or the performance of your access equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or prevented even if we or they had taken reasonable care, (iv) any eContent, eResource or other content provided to you by the Service from a third party publisher. As this Service is for non-commercial use only, our liability shall not in any event include losses related to any business such as lost profits or opportunity or business interruption. Let us know of any problems you have as soon as reasonably practicable. Claims may be reduced or rejected if you delay unreasonably or if we have not been given an opportunity to put matters right.

Severability:

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 enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.

No Waiver:

If you breach this Agreement and we do not take action against you, we may still take action against you if you breach the same term of this Agreement on another occasion or if you breach a different term.

Infringing Material:

If you have any copyright or other concerns about any materials posted or made available to you as part on the Service, please let us know at customerservice@kortext.com.

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