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Terms of Use

General

ReadCloud is an online service that provides users with the ability to discover, read and purchase literary works from content providers through multiple electronic interfaces including ReadCloud's website, mobile applications or web applications (the "Service"). This Website is owned and operated by ReadCloud Pty Ltd (ABN 44 136 815 891) ("ReadCloud"). Your access to the Website is subject to these terms of use, the Customer License, the ReadCloud Privacy Policy, and disclaimers of specific parts of the Website ("Terms of Use").

By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not you are a Registered User of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. ReadCloud reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.

If you do not comply with this Agreement at any time, ReadCloud reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that ReadCloud shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by ReadCloud in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate Registered User account or subscription, as applicable.

Registered Users

The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with ReadCloud and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:

(i) in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, ReadCloud has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);

(ii) Through the registration process, Registered Users will receive a password and account designation. 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 ReadCloud 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.

Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the ReadCloud's Privacy Policy.

Access to Content

ReadCloud, our distribution partners and our publishing partners enable you, subject to the restrictions set forth herein, to view, download, display and use on your devices, including but not limited to mobile devices, e-readers, and personal computers (each a "Device") a variety of digitized electronic content, such as books, journals and other periodicals, and other digital content, as determined by ReadCloud ("Digital Content").

Use of Digital Content

Following payment of the applicable fees for an item of Digital Content, for as long as ReadCloud and the applicable copyright holder have rights to provide you that Digital Content, ReadCloud and/or our publishing partners gives you the non-exclusive right to download, subject to the restrictions set forth herein, copies of the applicable Digital Content to your Devices, and to view, use, and display such Digital Content an unlimited number of times on your Devices or as otherwise authorized by ReadCloud and/or our publishing partners as part of the Service for your personal, non-commercial use. If ReadCloud or the applicable copyright holder loses the rights to provide you any Digital Content, ReadCloud will cease serving such Digital Content to you and you may lose the ability to use such Digital Content. For certain Digital Content, ReadCloud may be acting as an agent of the copyright holder (and its agents) in providing such Digital Content to you under the Terms of Service. You acknowledge that such copyright holder (and its agents) shall be the seller(s) of such Digital Content to you under the Terms of Use. Select, copy and paste functions may be available for some Digital Content, and you must use these features within the prescribed limits and only for personal non-commercial purposes.

Restrictions

You may not sell, rent, lease, distribute, broadcast, transfer, or assign your rights to the Digital Content or any portion of it to any third party except as expressly permitted by ReadCloud. In addition, you may not remove any watermarks, labels, or other proprietary notices on or in the Digital Content. You acknowledge and agree that ReadCloud may place limits on the number of Devices and/or software applications you may use to access Digital Content and that such limits may be set by ReadCloud at any time at ReadCloud"s discretion. You acknowledge and agree that ReadCloud and/or its publishing and/or distribution partners may record and store the unique device identifier numbers of your Devices in order to enforce such limits.

Disclaimer and Limitation of Liability

The Trade Practices Act and similar State legislation in Australia may confer rights and remedies on you in relation to the provision of the Digital Content and various services by ReadCloud, which cannot be excluded, restricted or modified ("Non-excludable Rights"). ReadCloud does not exclude any Non-excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

This Website is provided by ReadCloud on an "as is" basis.

ReadCloud and its licensors make no representations or warranties of any kind, express or implied, as to the operation of, your access to or the results of your access to the Website (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, content, materials or products included on this Website.

To the full extent permissible by applicable law, ReadCloud disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

ReadCloud will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Website or in the Digital Content, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, ReadCloud hereby limits its liability to the extent permitted by law, to the resupply of the said information.

Special Medical Disclaimer

Medicine is an ever-changing science. As new research and clinical experience broaden out knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither ReadCloud nor its licensors warrant that the information contained in the Digital Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Users are encouraged to confirm the information contained in the Digital Content with other sources. For example, and in particular, users are advised to check the product information sheet included in the package of each drug they plan to administer to be certain that the information contained in the Digital Content is accurate and that changes have not been made in the recommended dose or in the contraindications for administration. This recommendation is particularly important in connection with new or infrequently used drugs.

Miscellaneous

This Website and any of the Terms of Use are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provisions in this Website or the Terms of Use are invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Website and Terms of Use which will continue in full force and effect.

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