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Kortext Terms and Conditions Use – EULA

TERMS AND CONDITIONS OF SERVICE AGREEMENT

 

Welcome to Kortext

Thanks for using our software, products, platform and services (“Services”). The Services are provided by Kortext Ltd (“Kortext”) located at, Avalon House, 26-32 Oxford Road, Bournemouth, Dorset BH8 8EZ, UK.

By using our Services and uploading your own notes, accessing these and other shared notes and accessing eBooks, digital textbooks, online articles or any other content that is readable through the Kortext platform, (“Digital Content”), you are agreeing to these terms. Please read them carefully.

Our Services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will also be notified to you as and when you use our Services. Changes will not apply retroactively and will become effective as soon as they are posted or notified to you. If you do not agree to the modified terms for our Services, you should discontinue your use of our Services.

 

Privacy Policy

Kortext’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you acknowledge that Kortext can collect and use such data in accordance with our Privacy Policy. If you have not already read the policy please do so.

 

The Services

Kortext provides you with access to its Services and access to Digital Content that you can purchase access to, and / or that may have been purchased on your behalf or that you access from other third party services that are compatible with our Services.

You are only granted a limited right to access the Digital Content in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Services and the Digital Content shall at all times remain vested in Kortext, its Licensors and the publishers and rights holders of the Digital Content as applicable. Your use of our Services does not give you any ownership rights in any part of the Service or for the avoidance of doubt the Digital Content. 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 Services or on or within any Digital Content.

In addition, you agree you may not rent, lease, lend, sell, redistribute or sublicense any part of the Services or Digital Content. You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Kortext and its licensors, in violation of this Agreement.

Kortext, at its sole discretion, may make available future updates to the Services. The Services updates, if any, may not necessarily include all existing software features and / or new features may not work on older device operating systems. The terms of this License will govern any Services updates provided by Kortext that replace and/or supplement the original Service, unless such Service update is accompanied by a separate license in which case the terms of that license will govern such Service update.

 

Use of the Services

As a Kortext user, you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Service and access and use Digital Content accessed through our Service and to reproduce and store portions of that Digital Content for your personal, non-commercial use, all according to the terms and conditions of this Agreement. The access period for individual Digital Content items may vary if they are accessed under a publisher rental program. The access period can generally be found on each items product page in our Web Store and is also visible in the metadata of the item wherever this is displayed.
In addition, as a user, you may:

  • View all Digital Content that you have access to for the applicable purchase term (if any);
  • Print and/or copy and paste pages of the Digital Content for your personal, non-commercial use and reference. The Publisher or rights holder in some cases may limit the number of pages that you may print, copy and paste;
  • Personalise the Kortext experience by creating bookmarks and adding personal notes which you may choose to share with others;
  • Purchase and / or access other Digital Content from third party websites;
  • Obtain a refund as long as you are eligible to receive a refund as described in our Refund Policy.

 

Offline Option

When you use Digital Content as part of our Service, you also have the option to access and view your Digital Content offline using the Kortext Reader apps. If you are viewing any Digital Content offline, you will not have access to all of the features that are available if you view the Digital Content online.

The Kortext Reader software contains the Adobe® Reader Mobile SDK™ distributed pursuant to an agreement with Adobe Systems Inc. 345 Park Avenue, San Jose, CA 95110, (“Adobe”) 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.

 

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 that are intended to subvert DRM Content protections.

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

No Ownership Rights

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 Digital 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.

 

Age Restrictions and Personal Use of the Service

You confirm that you are over 16 years of age, which you need to be to use our Services and you 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 Digital Content 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 Digital Content 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 any part of the Digital Content or Services available to you.

 

Removal of Digital Content

You agree that we may, at any time and without prior notice, remove Digital Content or other content from the Service and/or withdraw or remove features of the Service if we determine that, in our sole discretion, we do not possess the appropriate or necessary rights or for legal or regulatory reasons we are no longer able to provide you with access to such Digital Content or Service. In the event we elect to remove any Digital Content from the Service, you agree that your sole and exclusive remedy shall be a refund for the removed Digital Content Item(s) so long as such removal occurs within 24 months of your first access to the Digital Content. You are advised to maintain back-up copies of any personal notes you may incorporate when using our Services in order to avoid these being lost where such a removal takes place.

 

Unauthorised Use of Your Account

You agree to promptly notify us of any known or suspected unauthorised use of your account 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 Digital Content accessed through our Service.
  • Indexing scraping or using WebCrawler or any other similar software to harvest data or content from our Service.
  • Making mass, automated or systematic extractions from the Service or Digital Content available through our Service.
  • Violating all applicable laws and regulations
  • Using the Service to harm minors and / or any other Users
  • 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 disregard, participate in any actions intended to interrupt or otherwise negatively impact the Services. The foregoing rules set the minimum level of conduct that we expect from users of our Services. 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 our Services if you violate these rules of conduct or engage in other conduct we deem, acting reasonably, to be inappropriate, objectionable or impairing a third party’s use of our Services or threatening the integrity or security of our Services.

 

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive your own Digital Content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive Digital Content to or through our Services, you give Kortext (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for notes that you have taken against a particular book that you choose to publish to a group). Please make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Whenever you make use of a feature that allows you to upload content to our Services or to make contact with other users of our Services you must not and warrant that you shall not submit material which; is defamatory, obscene, offensive, hateful or inflammatory; promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promotes any illegal activity; is threatening, abuse or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or annoy any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

If your content, which you upload to our Services does not meet the above requirements, you will be liable to us and indemnify us for any breach of the warranty that you give. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content that you have uploaded to our Services if, in our opinion, your content does not comply with the requirements set out above.

 

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

 

Enforcement of These Terms

Any other use of our Services violates the terms and conditions of this Agreement 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 we have the right, without liability to you, to disclose any relevant information including your account information to law enforcement and other authorities, 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 our Services, and/or a third party claim that your use of our Service is unlawful and/or infringes any third party’s rights.

 

Your Information

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

 

Limits on Your Use of the Service

When you use our Services to purchase access to Digital Content or access to some of our Services you agree 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 Services or any Digital Content.

 

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.

When you purchase Digital Content from our Web Store the relevant download will be immediately made available when your payment has been authorised. You acknowledge that, as this is the case, if you download the Digital Content item purchased, you will have no right to a refund once the download has started.

 

Intellectual Property

You agree that our Services and Digital Content accessed through them are protected by Intellectual Property Rights; copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”). These IP Rights belong to us and the various publishers and other content owners whose content you access through our Services. You agree 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 or in our Services 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 us or the other owners of the rights.

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 Digital Content in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair dealing provisions of UK copyright law or other applicable law.

 

Termination of Your Right to Use the Service

Kortext may terminate your use of any of our Services for your breach of this Agreement and no refund of any fees will be made. You may terminate your use of our Services 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 our Services, and all associated licence rights, shall immediately terminate, and you shall cease having access to our Services and will have no further rights to use our Services. Termination of your right to use our Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us.

 

Entire Agreement

We intend to rely upon this Agreement and the accompanying Privacy Policy as the entire understanding between you and us relating to your use of our Services.

 

Force Majeure

Performance of our Services 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 neither you nor we are restricted from bringing court proceedings.

 

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or any applicable additional terms, neither Kortext nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services or the Digital Content that you may be able to access using the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs or that they are free from viruses or other harmful components. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

 

Liability for our Services

When permitted by law, Kortext and our suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Kortext, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, Kortext and its suppliers and distributors, will not be liable for any loss or damage that is not foreseeable.

We recognise that in some countries, you may have certain legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

 

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 of the Services, please let us know at customerservice@kortext.com.

For information about how to contact Kortext please visit our contact page.

The Terms and Conditions of Service Agreement was last updated on 24 May 2018

 

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