TERMS OF USE (END USER LICENSE AGREEMENT) FOR THE SERVICES

§1 General Provisions

  1. The following Terms of Use shall apply between you (hereinafter referred to as “you”) and Vivlio, société par actions simplifiée, registered at the Lyon company registry under number 532 570 397, whose registered office is located at 26 rue Berjon 69009 Lyon - France, (with its service providers and associated businesses also hereinafter referred to as “Licensor”, “we” or “our”) to the use of the Services.
  2. Please carefully read these Terms of Use (the “License Agreement”) prior to using the Services. The same applies to the Privacy Notice as well as other additional notes or terms applicable to the use of a Service, to which we continue to draw your attention within the scope of this License Agreement or in the context of using a Service.
    Before using a Service, you must agree to be bound by this License Agreement. By using the Services, you understand that Vivlio may use any third party to enable the provision of the Services to you. The Cloud Service cannot be used without your consent. In the event where you do not consent to be bound by this License Agreement, you are entitled to return the new Reading Device that had not been used to your vendor and receive a refund of the purchase price subject to the terms and conditions of return of goods established by the law of your country.
  3. Provided that you are not unreasonably disadvantaged by any amendment, we may at any time modify this License Agreement and other applicable terms, conditions and conditions of use, in whole or in part, for the following reasons: for legal or regulatory reasons, for security reasons, to further development, enhance or add to existing features of our Services, to make technical adjustments and to ensure the future functionality of our Services. If we make any changes, we will notify you within a reasonable period of time and inform you of the rights to which you are entitled. As a rule, we will combine amendments to this License Agreement or other applicable provisions with an update/upgrade of the operating system for the Reading Device or Reading App and obtain your consent via a corresponding button in the course of downloading the update/upgrade. Before installing and using any update/upgrade of the operating system for the Reading Device or Reading App, you must agree to be bound by the amended/updated License Agreement (if any). You shall not install or use such update/upgrade of the operating system for the Reading Device or Reading App without your consent to the amended/updated License Agreement. If a change proves to be invalid, void or for any other reason unenforceable, the validity and enforceability of the remaining changes or conditions shall not be affected. Notwithstanding the foregoing, we reserve the right to make changes to the free Services at any time via the Reading Device or within the Reading App. In such a case, we will notify you immediately by e-mail or by a notification that appears on your Reading Device or Reading App.
  4. The currently valid License Agreement can be found at https://my.vivlio.com/eula or on your Reading Device or within the Reading App, where available, under settings.
  5. By using the Reading Device, you acknowledge the validity of the following additional condition:
    1. the Terms and Conditions of the Apache License, Version 2.0 (if applicable);
    2. the Terms and Conditions of the GNU 3 (GPLv3) or GNU 2 (GPLv2) License (if applicable).
      3. The text of the Apache License, version 2.0, is available at: http://www.apache.org/licenses/LICENSE-2.0.
      Text of the GPLv3 License is available at: http://www.gnu.org/licenses/gpl.html.
      Text of the GPLv2 license is available at: http://www.gnu.org/licenses/gpl-2.0.htm.
  6. By using the Reading App, you acknowledge the validity of the following additional conditions:
    1. For reading on Android device
    2. For reading on iOS device
    3. For reading on a desktop computer:
    4. For reading on the web

§2 Definitions

For the purpose of the License Agreement, the following definitions apply:
  1. “Cloud Service” shall mean the provision of access and storage services of Digital Content, available on-demand from any Reading Devices or Supported Devices.
  2. “Digital Content” shall mean digitized content, such as books, newspapers, magazines, audios and related functionalities.
  3. “Reading Devices” shall mean our portable electronic readers.
  4. “Reading App” means software (including any update/improvement to such software) that we provide and that enables users to purchase, download, browse and/or use Digital Content and Cloud Services on or from a Reading Device or a Supported Device.
  5. “Service(s)” means the provision of Digital Content, Cloud Service, Software, customer Service and other Services that we provide to you when you use the Reading Devices and Reading Apps, including the wireless connection to the Reading Device, used by a user having a valid account under this License Agreement as provided at §12 below.
  6. “Software” means the Reading Application and all software on the Reading Device (including any updates/upgrades to that Software), and any related documentation that we make available to you.
  7. “Supported Devices” means a mobile, computer or other supported electronic device other than Reading Devices on which you are authorized to access and operate a Reading App and use the Services.

§3 Connectivity and Availability

  1. Use of the Internet and of Wireless Connectivity.
    If supported, your Reading Device uses an Internet connection or a data plan of third-party provider to allow you to shop for, download and use Digital Content or other related functions or Services. In such case, your Internet connection or your data plan is subject to the fees, restrictions and terms imposed by the wireless provider. If your Reading Device is not subject to a data plan or other third-party fees, we do not charge you for the use of wireless connectivity.
  2. Your Conduct.
    You shall use the wireless connectivity provided by us only in connection with the Services as permitted by this Agreement and the use of the Cloud Service, Reading Device or Reading App, and for no other purpose.
  3. Availability.
    If your Reading Device is located in an area where wireless connectivity is not available, you may not be able to use all or any of the Services or other features of your Reading Device. We are not responsible for the unavailability of wireless connectivity for your Reading Device or related Service failures. Actions beyond our control (such as changes in Services or mobile operator policies) may affect the terms or circumstances under which we provide wireless connectivity to you and may result in temporary or permanent modification or loss of wireless connectivity to your Reading Device.

§4 Use of the Services

  1. You shall not compromise, damage, deactivate, overload, disrupt or undermine the security or functioning of the Service and of Licensor or its potential services providers’ information and communication systems.
  2. You shall not hinder the normal operation or make fraudulent use of the Service, in any way and in any form whatsoever.
  3. You shall not use or allow the use of the Service in an abusive or unlawful manner, for fraudulent or malicious unlawful purposes; and in particular, but without limitation, by hacking into the Service or by introducing malicious code, tag, link, or any data including viruses, or harmful data into the Service, by using or doing reverse engineering, by using any system, device or program to extract data or information from the Service or the servers of Licensor, by sending or storing documents containing malware, worms, Trojan horses or other harmful code, files, scripts, agents or software programs, by interfering with or compromising the integrity or performance of the Service with simultaneous mass connections, usurpation of technical identifiers, bypass of security or communication protocols or data flows, files or programs designed to interrupt, destroy, alter or limit the functionality of any software, computer, computer system or telecommunications tool of the Service and the data stored on it or by attempting to gain unauthorized access to the Cloud Service, its associated systems or networks.

§5 Use of the Software in particular

  1. You shall use the Software only on a Reading Device or in the form of the Reading App on a Supported Device. Moreover, the conditions contained in §10 of this License Agreement apply to the Software. Additional terms that apply to certain third-party software are contained in the legal or similar sections of the settings menu of your Reading Device or Reading App. Software that is subject to an open-source license is governed solely by the terms of that open-source license.
  2. To keep your Software up to date, we may provide you with manual updates at any time, whereat we will obtain your consent via a corresponding button in the course of downloading the update.

§6 Location-based Services

Some Reading Devices, Reading App and Cloud Service have the feature that, subject to your settings, allows Licensor to access the location on your device and use related information of your device. Licensor does not guarantee the accuracy, completeness or security of any location services.

§7 Use of Third-party Services

The use of third-party services accessible via the Cloud Service, Reading Device or Reading App is subject to the respective terms of use/general terms and conditions of the third-party provider. You are responsible for all information you disclose to third-party providers. Their use, including the use of your own personal information, is subject to the applicable privacy policies or other terms and conditions of the third-party providers.

§8 Termination

You automatically lose your rights under this Agreement if you breach any provision of this License Agreement. In the event of such termination, Licensor may immediately terminate your access to the Service without any refund. If Licensor does not insist on or enforce compliance with the terms of this License Agreement from time to time, this shall not be deemed a general waiver of Licensor's rights.

§9 Contact Information

For help with your Reading Device, a reading application, your use of the Services, Digital Contents, or resolving other issues, please contact Customer Service by following our customer service process available at https://my.vivlio.com/contact or by e-mail at contact@vivlio.com.

§10 Privacy

In the event where we process your personal data in connection with the Services and your settings, we comply with any applicable legal requirements. For more information relating to that subject as well as to legally required information, please see the Privacy Notice available at the following address: https://my.vivlio.com/privacy-policy.

§11 License and access

  1. Unless specifically provided otherwise with respect to individual services, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and make non-commercial use of the Services, provided that you comply with this License Agreement and any other applicable terms and conditions of the Services and, if applicable, pay any applicable fees. This right of use does not include the resale or commercial use of Services or their contents, the collection and use of product and Services information, descriptions or prices, the derivative use of Services or their contents or the use of data mining, robots or similar data-collection and extraction programs.
  2. Licensor, its licensors, suppliers, publishers, right holders or other content providers reserve all rights not expressly granted to you in these Terms of Use or the Terms of Service. No Service or any part thereof may be reproduced, duplicated, copied, sold, resold, or otherwise used for commercial purposes without our express written consent.
  3. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Licensor without our express written consent. You shall not use any meta tags or any other “hidden text” utilizing Licensor's name or trademarks without our express written consent.
  4. You shall not misuse the Services. You shall use the Services only as permitted by law. The rights granted by Licensor to use the Services terminate if you do not comply with these Terms of Use or any special terms of service.
  5. Licensor is acting as the hosting company of the Digital Content accessed, used or uploaded by you on the Services. Consequently, you are responsible for the Digital Content you access to, you use or you upload in the Services and shall indemnify and hold Licensor harmless from all claims held by a third party in relation to the Digital Contents. Especially, you shall not publish, make accessible or share by any means, especially through any of the Services, any prohibited contents, including but not limited to the following contents:
    • content that would infringe the rights of any third party, in particular intellectual property rights, image rights, professional secrecy, infringement of trade secrets;
    • content that would characterize unfair commercial practices or unfair competition;
    • harmful, threatening, abusive, harassing, vulgar, obscene, threatening or violating privacy, hateful, racist, anti-Semitic, xenophobic, revisionist, negationist , defamatory, condoning war crimes and crimes against humanity, denigrating, inciting suicide or inciting the commission of an offence or violence content or otherwise reprehensible content;
    • content that would constitute a personal injury, in particular through the publication of photographic or video montages;
    • violent and/or pornographic content, including but not limited to representations of a minor or a person who looks like a minor or who is in a weak or dependent situation;
    • content that mentions or incites cruelty towards human being or animals;
  6. With regard to the use of third-party services made accessible via the Reading Device or Reading App, the respective terms of use/terms and conditions of the third-party provider apply. Licensor is not responsible for these third-party services. Licensor does not check these services nor does Licensor adopt these or the respective contents as its own.
  7. Open-source software: When the Software is installed and used, components of open-source software are installed and used. The components affected by open source can be identified by the text of the corresponding license at the beginning of the file. The corresponding open-source license terms are available via the respective link in §1 para. 6 of this License Agreement. The same license terms are available in the device under About Device – Legal Information – Open Source Licenses. Open-source software is subject to the applicable open-source terms of use. The Terms of Use apply only to the extent that they do not conflict with the terms of the open-source licenses. If the terms of the open-source license terms require so, we will provide you (by download) with the source code of the relevant components in the form of a fully machine-readable archived copy of the relevant source code. If no such downloadable archived copy is available, Licensor will, at your direct request within three (3) years, make a printout of a fully machine-readable copy of the applicable source code for a fee not exceeding the cost of sending the source code.

§12 Account

  1. In order to use the Services requiring an account, you shall have or create an account (“Account”). You may register and use an Account on Vivlio website or, when proposed, on a third-party e-shop or shop which is connected to the Services.
  2. The registration of an Account is subject to the acceptance of the License Agreement and of the terms and conditions of the third party from which you have purchased your Reading Device.
  3. An Account may be created by providing declarative information in fields provided for this purpose, whose mandatory fields to use the Cloud Service are identified with an asterisk. You shall communicate only accurate and true information and personal data.
  4. When registering your Account, you will need to fill in your personal e-mail address and choose a password (together, the “IDs”). The IDs must be sufficiently secure.
  5. You are solely responsible for keeping your Account and IDs confidential and not to disclose them in any form whatsoever. You are solely responsible for the use of your Account and your IDs. Any use of the Cloud Service, connection or transmission of data made via your Account with your IDs shall be presumed to have been made by you, under your exclusive responsibility. Licensor shall not be held liable for the loss of one or more Account and IDs and for the harmful consequences of the use of the Account or of the IDs by an unauthorized third person. Licensor has no power to control the accuracy of the information you provided. Consequently, Licensor cannot be held responsible for any false declaration or identity theft.

§13 Copyright Complaints

Licensor respects the intellectual property rights of others. If you suspect that your work has been copied in a way that constitutes copyright infringement, please contact us using the contact details as provided in the contact information in §8.

§14 Liability

  1. We will always endeavor to ensure that the Services are available without interruption and that transmissions are error-free. Due to the nature of the Internet, however, this cannot be guaranteed. Access to our Services may also be interrupted or restricted from time to time for any reason independent or not of the will of Licensor, including in the event of force majeure, maintenance, updates or technical improvements, or in order to develop its content and/or display.
  2. Licensor cannot be held responsible for the non-functioning, inaccessibility, or poor conditions of use of all or part of the Services, for any reason whatsoever, nor for any prejudice caused by the temporary unavailability of the Services.
  3. However, Licensor is liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty by Licensor or a legal representative or vicarious agent of Licensor.
  4. Furthermore, Licensor is liable for the negligent violation of essential obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose fulfillment you can regularly rely. In this case, however, Licensor is only liable for the foreseeable, typical contractual damage. Licensor is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
  5. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  6. To the extent that the liability of Licensor is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
  7. You are obliged towards Licensor for all damages arising from the failure to comply with the obligations set out in the License Agreement or the breach of any applicable law or third parties’ rights. You shall indemnify and hold Licensor harmless from all claims and losses deriving from your breach of obligations under this License Agreement.

§15 Applicable Law, Place of Jurisdiction, Partial Invalidity, Settlement of Disputes

  1. The law of France shall apply.
  2. If any claims, causes of action, or disputes with us arise out of or in connection with this License Agreement or Licensor, such claims shall be subject to the exclusive venue of the Court of Appeal of Lyon (France).
  3. If you are a consumer habitually resident in the EU, you are also protected by the mandatory provisions of the law of your country of residence. You may file claims under this License Agreement arising from consumer protection standards either in France or in the EU Member State in which you reside.
  4. Should individual provisions of this License Agreement be invalid, they shall remain valid in all other respects. Instead of the invalid provision, the relevant statutory provisions shall apply.
  5. The European Commission provides a platform for online dispute resolution which can be found at the following link: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure before a consumer redress body.

§16 Entire Agreement, Governing Language, Assignment

  1. This License represents the entire agreement between you and Licensor with respect to the Software and replaces all and any previous or provisional arrangements of the Parties on the subject matter hereof.
  2. Any translation of this License Agreement shall only be made to comply with requirements of locally applicable law. In the event of any discrepancies between the English version and versions in any other languages, the English version of the License shall prevail to the maximum degree, unless expressly prohibited by local laws.
  3. Licensor is entitled to assign its rights and obligations under the License Agreement wholly or partly to a third party. An assignment to third parties of your rights as a user from the License Agreement is not allowed, in particular, a transmission of your Account.

Addition 1 – IVONA EMBEDDED YOU SHALL BE BOUND BY THE FOLLOWING PROVISIONS ONLY IF YOUR READING DEVICE CARRIES IVONA EMBEDDED TEXT-TO-SPEECH SOFTWARE (IN THIS ADDITION 1 – THE «SOFTWARE» AND THE «PRODUCT», RESPECTIVELY). IF SO, IN ADDITION TO THE ABOVE:

  1. You shall use the Software only as a part of the product and solely for the appropriate purposes.
  2. You shall use the Software solely for personal use and not for commercial purposes.
  3. You will not use the Software or any part or function thereof in a manner that:
    1. may be considered sexually explicit, vulgar, profane, offensive or obscene, defamatory, slanderous, religiously or racially offensive or otherwise promoting hate towards individuals or groups, promoting terrorist or other criminal activities; or
    2. infringes anyone else’s intellectual property rights or rights or privacy.
  4. You may not distribute Software or any part or function thereof, in any manner, including, but not limited to, in the form of audio files, as a part of applications, materials and multimedia works created by or for the end user or otherwise rent, resell, lease or lend the Software or any part or function thereof to any third party.
  5. To the maximum extent permissible under the mandatory provisions of law, you undertake not to reverse engineer, disassemble or decompile the Software or any part thereof or otherwise attempt to derive or determine the source code or the logic therein except to the extent such acts may not be prohibited under applicable law. You shall not circumvent or attempt to circumvent any security measures built into the Software.
  6. You shall assume full responsibility for making backup copies of any own Software, data and databases that will interact with the Software.
  7. You do not acquire any ownership rights or intellectual property rights to the Software other than the express license granted in this End User License Agreement.
  8. You must not remove any Software proprietary rights notices or restrictions.
  9. Any Software provided to you in order to update, upgrade, correct or otherwise modify the Software is deemed to be the part of the Software and shall be governed by the Product License Agreement, unless other terms of use are provided with such items.
  10. You are not entitled to rent out, lease or sublicense the Software to any third party. Any attempt to rent out or lease or sublicense or transfer any of its rights shall be null and void.
  11. You agree to annihilate the Software together with all copies, modifications and parts associated in any form upon termination of the license granted to you.
  12. Licensor shall provide you with its own limited warranty without referencing IVONA. Such warranty provided by Licensor shall not extend beyond the warranty granted by IVONA to Licensor.