Last changed: June 6, 2018
TERMS AND DEFINITIONS
FlippingBook Limited, the owner of the Internet Site https://flippingbook.com, grants to the User access to the IS on the terms of this EULA.
User: An individual or an entity legally authorized to accept and capable of accepting this EULA and the granted right to use the IS according to this EULA to the extent limited by this EULA.
Internet Service FlippingBook Online (IS) is regulated by this EULA and other accompanying documentation. The functions of the IS are available at the website https://flippingbook.com and represents a service for creating publications on and distributing on the Internet. The IS is accessible via the web interface on the website https://flippingbook.com and/or by special software, including applications for mobile devices (IS Client).
Subscription to the IS: The effective (operational) period of the IS is determined according to the Pricing Plan chosen by the User.
Pricing Plan: Information about amounts, fee rates, and expenses of FlippingBook Limited to be paid and/or reimbursed by the User. All the pricing plans, their descriptions, and amendments and/or supplements thereto are provided on the website https://flippingbook.com
FlippingBook Limited is entitled to provide other pricing plans to the User under a separate agreement. In this case, the pricing plans published on the website https://flippingbook.com is either not valid or valid to the extent that it does not contradict the agreement between FlippingBook Limited and the User.
CONDITIONS OF SOFTWARE USE
In order to use the IS in full, the User must complete the registration process by providing the information about the User (registration data). The registration procedure required registration data, and other information needed to complete the registration process are set unilaterally by FlippingBook Limited at the website https://flippingbook.com.
Registration data provided by the User must be current and valid. FlippingBook Limited at its own discretion can request confirmation of the provided registration data, in particular by the presentation of documented proof. The User is obliged to keep the registration data current and valid by updating it in a timely manner in the manner allowed by the IS. In case of any suspicions, FlippingBook Limited retains the right to stop providing the services unilaterally at any time without advance notification of the User and to delete or block the access to materials published by the User. In this case, the cost of the subscription paid by the User according to the Pricing Plan will not be reimbursed to the User. The User will take whatever measures are necessary to keep his or her registration data confidential. FlippingBook Limited cannot take responsibility in any way for the loss of access to the IS by the User and for the consequent occurrence of direct and indirect damage or lost profit by the User or third parties as the result of unauthorized access to the User’s registration data by any third parties.
FlippingBook Limited does not render the IS after the expiration of the IS subscription. When the IS subscription is over, the IS becomes unavailable to the User, and FlippingBook Limited is entitled unilaterally to delete the User’s data without notifying the User. User data are not deleted in case of a timely purchase of the Pricing Plan extending the term of the IS subscription.
You may not:
use the IS for uploading, sending, transferring, or otherwise publishing materials that are unlawful, harmful, threatening, insulting to morality, defamatory, virus codes or other files or applications intended to malfunction or damage or constrain the operation of the PC, telecommunication devices; applications for unauthorized access to the PCs, hardware or third party’s data, infringing copyrights or other intellectual property rights, promoting hatred and/or discrimination of people according to racial, ethnic, sexual, social factors, as well as violating the accepted norms and Internet communication ethics, or hindering other Users’ work with the IS;
use the IS for uploading, sending, transferring, or otherwise publishing promotional content that is not specifically allowed for publishing, including bulk, unauthorized, and/or unexpected by recipients, unsolicited mail, including those with multiple duplications of one email address (spamming); creating conditions for illegal use of the IS by third parties, particularly by providing registration data for accessing the IS;
create products of your own on the basis of the IS, except if allowed by law;
sublicense or lease any parts of the IS;
decompile or disassemble, amend, adapt, translate the IS into other languages, attempt to get the source code of the IS, in particular, to make changes in the IS source code, except for updating the IS by using update files provided by FlippingBook Limited within the SP Service Period and/or the IS subscription;
use the IS in any way other than as stipulated by this EULA.
The User retains any and all rights to the materials while using the Software.
If a grounded claim is received from the respective copyright holder with regard to infringement of its lawful rights, FlippingBook Limited is entitled to delete the materials placed by the User or block access to them without notifying the User or giving reasons.
The User assumes responsibility for any materials published by him/her. In case third parties assert a claim with respect to the materials placed by the User, the User shall settle such claims independently and at his/her own expense.
If the User distributes the results of using the IS he/she does it at his/her own risk. FlippingBook Limited is not responsible for the actions of such individuals and cannot monitor their motives and goals. The IS provides only the technical possibility of presenting the results of the IS usage. FlippingBook Limited has the right to discontinue providing the service to any person upon receiving from an interested person a reasonable claim fulfilling the requirements of current legislation.
During the Service Period and/or the IS Subscription, you can get IS updates at the discretion of FlippingBook Limited Any update is an integral part of the IS, so the terms of this EULA relating to any IS update as well. After IS update, the Sublicensee cannot use the source version (the version which was updated) unless it constitutes part of the updated IS.
Technical Support of the IS is provided only at the discretion of FlippingBook Limited, without any guarantees. You shall be solely responsible for the full backup of the data, software, and programs before obtaining Technical Support. In the course of providing Technical Support, FlippingBook Limited can determine that the technical problem in question is beyond the area of competence of Technical Support. FlippingBook Limited reserves the right to refuse, suspend, or break off provision of Technical Support at its own discretion.
In order to optimize the IS, FlippingBook Limited can, at its option and at any time, amend or delete the IS functions without advance notice. FlippingBook Limited cannot be responsible for deleting User’s materials caused by the IS optimization or other reasons.
FlippingBook Limited is entitled to specify any requirements and limitations with respect to the use of the IS to ensure the proper operation of the IS and its functions.
This EULA also regulates the use of all newly released, revised, updated, and extended versions of the IS that can be provided by FlippingBook Limited
You agree that the IS may include special technical facilities with the purpose of collecting anonymous usage data. All the collected data will be used by FlippingBook Limited for IS improvement only and shall not be disclosed to third parties except for cases established by the law. The IS can also include special technical facilities preventing unlawful use of the IS.
The User agrees that the number of Users working with the IS simultaneously is limited by the allowed number of workstations stated in the Pricing Plan. The number of allowed workstations can be set additionally by the Pricing Plans offered to the User. In case of any suspicions that the User has provided his registration data for access to the IS to any third parties and/or any other measures to favor illegal use by third parties, FlippingBook Limited retains the right to stop providing the services unilaterally at any time without advance notification of the User and to delete or block the access to the materials published by the User. In this case, the cost of the subscription paid by the User according to the Pricing Plan is not subject to reimbursement to the User. The User will take whatever measures are necessary to keep his registration data confidential.
The IS can also include special technical facilities preventing unlawful use of the IS. You agree that FlippingBook Limited can take measures aimed at protection from computer piracy. The IS can contain the technology of compulsory fulfillment of requirements, making it possible to use the IS only for a certain number of times on a certain number of computers and/or during a limited period of time.
FlippingBook Limited reserves the right to collaborate with any legal or executive bodies and to answer government inquiries connected with the handling of the Software by Users. Therefore, FlippingBook Limited can provide documents and information in connection with court rulings or other procedures to ensure legality.
FlippingBook Limited has the right to perform routine maintenance of the IS with a temporary suspension of work of the said IS. In case of Force Majeure, as well as breakdown or malfunction of hardware-software systems of third parties collaborating with FlippingBook Limited, or third parties’ actions aimed at suspending or stopping the functioning of the IS, the work of the said IS can be suspended without advance notification of Users.
The User agrees that FlippingBook Limited reserves the right to refuse to provide services to the User or unilaterally stop providing the services at any time without advance notification of the User in the following cases:
breach of this EULA or any part thereof, as well as supplements thereto which are an integral part thereof;
respective request of authorized government bodies;
unexpected technical problems or safety-related circumstances;
obstacles or any breaches with respect to the IS, including the use of any devices, software, etc.
To the extent allowed by the laws in force, FlippingBook Limited and its licensees shall in no event be responsible to you (for negligence under the contract or otherwise) for the loss of profit, gains, business contacts, expected savings, the time spent as a result of the possibility or impossibility of using the IS, the loss of or damage to data as a result of the possibility or impossibility of using the Software, as well as for any actual, incidental, indirect or analogous damages, even if FlippingBook Limited was aware of the probability of such damages.
The IS and updates are provided “as is.” FlippingBook Limited does not guarantee that the IS or its updates, as well as the quality of any product, service, information, etc., obtained with the use of the IS are free of errors (including those that can result in problems during installation, updating, maintenance, and use of the IS, particularly problems of compatibility with the OS or other program products) and/or meet your requirements that the IS shall function normally and be provided uninterruptedly, promptly, securely and correctly, and that any errors contained in the IS shall be corrected. Any risks connected with the quality of work and efficiency of the Software, the possible results of using the IS, varying interpretation of reference information about the IS are borne by the Sublicensee.
The responsibility of FlippingBook Limited or its licensees shall in no instance exceed the cost of the IS subscription paid by the User according to the Pricing Plan.
FlippingBook Limited provides no guarantees with regard to non-infringement of intellectual property rights.
This EULA is governed by the legislation of the Republic of Malta.
In case any provisions hereof are deemed void, that shall not affect the validity of the EULA as a whole.
Neither Party shall assert claims on the other Party for failure to fulfill or for improper fulfillment of its obligations hereunder, if this was caused by events of Force Majeure that arose after the conclusion of this EULA due to an emergency that the party at fault could neither foresee nor prevent, including acts of God — fires, floods, earthquakes, hurricanes, storms, etc.; acts of terrorism, military actions of any nature, civil disorders, actions of state government and administrative bodies (including amendments to legislation), if they have a direct influence on the subject of this EULA, and other circumstances causing the malfunction of any party’s hardware, etc., if such circumstances prevent the parties from due fulfillment of their obligations hereunder.