Welcome to WOWIO. Please read the following Terms and Conditions of Use carefully before continuing. By using this site, you signify your acceptance of these Terms:
Please review our Privacy Notice, which also governs your visit to wowio.com.
The information and content on this website are licensed or copyrighted by WOWIO, Inc. (WOWIO). All rights reserved. The information and content on this site, and the underlying computer program (including but not limited to HTML code) are protected by copyright law and international treaties. Unauthorized reproduction or distribution of these materials or any portion of them may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law including recovery of all costs and fees related to any enforcement action initiated by WOWIO. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
WOWIO, FREE BOOKS + FREE MINDS, and other marks indicated on our site are trademarks or registered trademarks of WOWIO in the United States. WOWIO's trademarks may not be used in connection with any product or service that is not WOWIO's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WOWIO. All other trademarks not owned by WOWIO or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WOWIO.
The WOWIO system or portions thereof are patent pending.
These Terms govern your use of the WOWIO online service, which provides an easy-to-use, comprehensive online destination offering electronic copies of books ("Ebooks"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms and conditions, are referred to as the "Terms."
To use certain areas of this site, you must first submit a complete Registration Form available at http://www.wowio.com. When submitting a Registration Form, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Member Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process. 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 WOWIO 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. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. WOWIO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Use of Content
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are the property of WOWIO or third parties who have authorized the appearance of their content on this site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
You may download or copy the Content, as authorized on this site and only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of WOWIO or the owners of such Content or their authorized representatives, if other than WOWIO.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
- "Non-Transfer Device" means a device (including, without limitation, a digital content rendering device or mobile phone) that cannot transfer a Digital Book to any other device, except if that other device is already authorized by Agent to acquire that Digital Book.
- "Transfer Device" means a computer that can transfer Digital Books to any other device.
- Customers acquiring Digital Books may:
- Use Digital Books on up to six (6) Transfer Devices and an unlimited number of Non- Transfer Devices at the same time; or as allowed by the then current publisher approved DRMs supported by Digital Fulfillment Provider, including Adobe Content Server 4, eReader DRM and Microsoft Digital Asset Server.
- Use Digital Books solely for purchaser's personal and non-commercial use; and
- Re-download previously purchased Digital Books from Agent's web site.
Due to the nature of digital products they are not subject to refunds or credit.
WOWIO is not responsible for examining or evaluating the Content. However, WOWIO reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. WOWIO is not responsible for any loss of data resulting from network or system outages, file corruption or any other reasons.
WOWIO does not represent or endorse the accuracy or reliability of any Content available on the website and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by sponsors are the views of the sponsors posting the statement, and do not represent to views of WOWIO.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that WOWIO is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for any such External Site if you have any concerns regarding such links of the content located on such External Site.
You agree to indemnify and hold harmless WOWIO and its employees, officers, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of the Terms or (2) any use or alleged use of the Service under your password by you or any person, whether or not authorized by you. WOWIO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WOWIO's defense of such claim and to reimburse WOWIO for the costs and expenses of such defense.
Termination of Service
You agree that WOWIO, in its sole discretion, may terminate your, or any person invited by you to use the Services, password, account (or any party thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WOWIO believes that you have violated or acted inconsistently with the Terms. WOWIO reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. WOWIO may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
WOWIO also reserves the right to release current or past member information in the event it believes that accounts are in violation of the Terms, used to commit unlawful acts, if the information is subpoenaed and/or if WOWIO deems it necessary and/or appropriate.
Dealings With Sponsors
Your correspondence or business dealings with, or participation in promotions of, sponsors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor. You agree that WOWIO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors on the Service.
Disclaimer of Warranties and Limitation of Liability
The Service and the Content are distributed on an "as is, as available" basis. Neither WOWIO nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from use of the Service or the Content, (iii) makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service or (iv) warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the Service and solely you assume the accuracy or completeness of the Content.
Neither WOWIO nor any third party content provider, nor any of their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even if such party has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of WOWIO, third party content providers, or their respective agents shall be limited to the greatest extent permitted by law.
These Terms shall be governed by and construed in accordance with the laws of the State of California. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
WOWIO reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Site. We suggest that you check these terms periodically for changes. Your continued use of the WOWIO service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by WOWIO as discussed above. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Service.
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