(Terms of Service)
Last modified on April 15, 2019.
1. USE OF OUR SERVICE
(a) Eligibility. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service by Bound.
(b) Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Bound grants the operators of public search engines revocable permission to use spiders to copy materials from Bound for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of the Service’s licensors; (xiv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing content previously purchased by you through the Service on mobile or tablet devices owned by you) or otherwise exploiting the Service in any manner other than for your own private, non-commercial, personal use.
(c) Termination of Service or Access. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
(e) Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Service or your interactions with other users in the course of using the Service. You agree to use the Service at your sole risk and that Bound shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
(f) Service Requirements. Use of the Service requires a compatible mobile or tablet device and Internet access (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service may be affected by these factors.
2. PAYMENT, DELIVERY, AND REFERRALS
(a) Pricing of Service Content. Your total price will include the price of the content you select plus any applicable sales or use taxes in effect on the time of purchase, and based on country data you provide. Bound reserves the right to change prices and availability of Service content at any time. If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Bound's part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.
(b) Payment. The Service uses in app purchases through your mobile or tablet storefront (such as the Apple App Store). You agree to pay for all content you purchase through the Service, and that Bound may charge your chosen payment method for any content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
(c) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Bound. You may also have additional rights under applicable law.
(d) No Ongoing Obligations. Notwithstanding any other provision of these Terms, Bound and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any content or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service and administering of our usage rules entails the ongoing involvement of Bound. Accordingly, in the event that Bound changes any part of the Service or discontinues the Service, which Bound may do at its election, you acknowledge that you may no longer be able to use content provided through the Service to the same extent as prior to such change or discontinuation, and that Bound shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any content (although Bound may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
3. CUSTOMER SERVICE
(a) Assistance. For assistance with billing questions or other order inquiries, please email us at email@example.com. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.
(b) Refund Policy. Refunds will not necessarily be issued due to your dissatisfaction with content or if your mobile or tablet device does not meet the minimum requirements. If you feel you qualify for a refund please contact our customer service at firstname.lastname@example.org. Refunds will be issued solely at Bound's discretion.
4. TERM AND TERMINATION
(a) Termination by Bound. If you fail, or Bound, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Bound with a valid payment method, failure to safeguard your account, or violation of our usage rules or any license to the software, Bound, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). No such termination by Bound shall limit any other rights Bound may have in law or at equity.
(b) Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Bound. Bound reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Bound will result in your permanent inability to access content not already in your possession at the time of termination.
(c) Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections 2(c), 4(c), 5, 6, and 7 will survive, along with any other terms which by their nature are intended to survive.
5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
(a) Disclaimer of Warranties. BOUND AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BOUND MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY BOUND) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND BOUND AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
(b) Liability Limitations. IN NO CASE SHALL BOUND, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "BOUND PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BOUND PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE CONTNENT OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE BOUND PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Indemnity. By using the Service, you agree to indemnify and hold the Bound, its affiliates, and licensors, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or agent thereof and believe that content posted on this website or through the Service infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website or the Service containing the material that you claim is infringing;
(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 copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached by mail at 1278 Glenneyre St. #156, Laguna Beach, CA 92651 or by email at email@example.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
7. NEGOTIATIONS AND ARBITRATION
(a) Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Bound agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section 7(f) below). Bound will send its notice to the address it has on file to the extent that you have provided additional contact information to Bound (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, Bound will send its notice to the email address associated with your Account. You will send your notice to Bound Publishing, Inc., 1278 Glenneyre St., Laguna Beach, CA 92651, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
(b) Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Bound may elect to have the Claim (except as otherwise provided in Section 7(f)) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 7(b) and the JAMS Rules, the terms in the JAMS Rules will control and prevail.
Except as otherwise set forth in Section 7(f), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Bound may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BOUND ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(c) Arbitration Fees. If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If Bound is initiating arbitration for a Claim, Bound will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. You will not be required to pay our attorneys’ fees or other costs if you do not prevail in the arbitration.
(d) Location. The arbitration will take place in your hometown area if you so notify Bound in your notice of arbitration or within ten (10) days following receipt of Bound’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Orange County, California, United States of America, and you and Bound agree to submit to the personal jurisdiction of that court.
(e) Limitations. You and Bound agree that any arbitration shall be limited to the Claim between Bound and you individually. YOU AND BOUND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
(f) Exceptions to Negotiations and Arbitration. You and Bound agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Bound’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
(g) Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Software from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
(h) Severability. You and Bound agree that if any portion this Section 7 is found illegal or unenforceable (except any portion of Section 7(f)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 7(f) is found to be illegal or unenforceable then neither you nor Bound will elect to arbitrate any Claim falling within that portion of Section 7(f) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Orange County, California, United States of America, and you and Bound agree to submit to the personal jurisdiction of that court.
8. OTHER LEGAL TERMS
(a) Changes. Bound reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. If we amend these Terms, we will post the amended version of these Terms on the Site. If a material change is made to these Terms, then Bound will post a notice on www.getbound.io. You understand and agree that you will be deemed to have accepted the amended Terms if you use the Service after any such change. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. No Bound employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale.
(b) Enforcement of These Terms. Bound reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Bound'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).
(c) No Responsibility for Third-Party Materials or Web sites. Certain content and services available via the Service may include materials from third parties. In addition, Bound may provide links to certain third party websites. You acknowledge and agree that Bound is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Bound does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
(d) Intellectual Property Notice. You agree that the Service (along with all text, code, graphics, sounds, screenshots, video clips, data, demos and content therein) is owned by Bound and/or its licensors, contain proprietary information and intellectual property rights that are owned by Bound and/or its licensors, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service, or to violate any agreement applicable to the use of such software, without the prior written consent of Bound or its applicable licensors. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by Bound and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service are owned by Bound and/or its licensors. Bound, the Bound logo, and other Bound trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Bound in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
(e) Submissions. You may choose to, and we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bound does not waive any rights to use similar or related ideas previously known to Bound, or developed by its employees, or obtained from sources other than you.
(f) Export Control. You agree to abide by U.S. and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
(g) Notices. Bound may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately. Bound's main offices are located at:
Bound Publishing LLC
1278 Glenneyre St. #156
Laguna Beach, CA 92651
(h) Miscellaneous. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bound without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The Agreement constitutes the entire agreement between you and Bound and governs your use of the Service, superseding any prior agreements between you and Bound. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Bound's failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Bound will not be responsible for failures to fulfill any obligations due to causes beyond its control.