Librarius Terms of Use

Librarius is a website, mobile application, and related services company that provides for the consumption and publication of written and audio-based digital content. These Terms of Use (the “Terms”) set out the terms and conditions by which Librarius offers you access to use and enjoy [website] (the “Site”), the Librarius mobile application (the “App”), and all services provided by Librarius ( the “Services”).

Librarius is owned and operated in the Ukraine by Librarius LLC. For the purposes of these Terms, Librarius, LLC. is referred to as “Librarius”

The term “Account” refers to a basic Librarius account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access content (“Subscription Content”).

The following Terms of Use is a legal contract between You, either an individual User or a single entity, and Librarius regarding Your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.

By registering for, accessing, browsing, posting, downloading from, subscribing to, or using Librarius, you acknowledge that you have read and understood, and agree to be bound by, the following terms. If at any time you do not agree to these terms, please immediately terminate your use of Librarius in the manner described below.

I. Privacy.

What information do we collect?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; contact preferences; and other similar information.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in the section called HOW DO WE HANDLE YOUR SOCIAL LOGINS?” below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
• Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

How do we use your information?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” for further information.
• To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@librarius.pro and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
• To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).
• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
• For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

Will your information be shared with anyone?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Who will your information be shared with?

In Short: We only share information with the following categories of third parties.

We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled “How can you contact us about this notice?“.

• Ad Networks
• Affiliate Marketing Programs
• Communication & Collaboration Tools

How do we handle your social logins?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Website offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

How can you review, update, or delete the data we collect from you?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request by emailing us at info@librarius.pro

II. Eligibility.

Librarius is not available to persons under the age of majority in their place of residence or to any Users whose access to Librarius was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. By using Librarius, you represent that You meet the eligibility requirements in this Section.

III. Subscription.

Librarius offers access to premium and exclusive content by means of a Subscription. A Subscription entitles You to access an unlimited number of ebooks and audiobooks during the subscription period. Your access to the applicable content and related purchase transaction are subject to these Terms.

IV. Modification of these Terms and Services.

Librarius reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Librarius after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

V. Librarius License Grant.

License Grant to Librarius Mobile App

Subject to Your compliance with these Terms, Librarius grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Librarius reserves all rights in and to the App not expressly granted to You under these Terms.

License Grant to Download.

Subject to Your compliance with the terms and conditions set out in these Terms, Librarius hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Librarius may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section does not include Subscription Content.

Reservation of Rights.

Librarius reserves all rights not expressly granted in these Terms.

Prevention of Unauthorized Use.

Librarius reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.

VI. Content Disclaimer.

You understand that when using Librarius You will be exposed to content from a variety of sources, and that Librarius is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Librarius with respect thereto. Librarius does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Librarius may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Librarius does not permit copyright infringing activities.

VII. Prohibited Conduct.

By using Librarius you agree not to:

• use Librarius for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Librarius as such Services are offered by Librarius (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
• rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined below);
• post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
• post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
• impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Librarius, or perform any other similar fraudulent activity;
• delete the copyright or other proprietary rights notices on Librarius or associated with any content available via Librarius;
• make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Librarius. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
• use Librarius for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
• defame, harass, abuse, threaten or defraud Users of Librarius, or collect, or attempt to collect, personal information about Users or third parties without their consent;
• remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Librarius, or features that enforce limitations on the use of Librarius or any content available via Librarius;
• reverse engineer, decompile, disassemble or otherwise attempt to discover Librarius’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• modify, adapt, translate or create derivative works based upon Librarius or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• intentionally interfere with or damage the operation of Librarius or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
• use any robot, spider, scraper, or other automated means to access Librarius for any purpose or bypass any measures Librarius may use to prevent or restrict access;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Librarius;
• interfere with or disrupt servers or networks related to the operation Librarius, or disobey any requirements, procedures, policies or regulations of networks connected to Librarius; or
• post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Librarius’s sole opinion detracts from the Librarius experience.

VIII. Account

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Librarius by emailing [email].

IX. Third-Party Sites, Products and Services; Links.

Librarius may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Librarius, Librarius does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Librarius are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

X. Termination; Terms of Use Violations.

Librarius.

You agree that Librarius, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with Librarius or Your use of Librarius and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. Librarius may also in its sole discretion and at any time discontinue providing access to Librarius, or any part thereof, with or without notice. You agree that any termination of Your access to Librarius or any Account You may have or portion thereof may be effected without prior notice, and You agree that Librarius will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Librarius may have at law or in equity.

You.

Your only remedy with respect to any dissatisfaction with (i) Librarius, (ii) any term of these Terms, (iii) any policy or practice of Librarius, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Librarius. You may cancel Your Account at any time through the account settings panel after You have logged into the Site or the App, or by sending an email to [email] requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Librarius.

XI. Proprietary Rights.

The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the Site and Apps provided by Librarius (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Librarius acknowledges that You retain ownership of any Descriptive Information You may post on Librarius, subject however to Your grant to Librarius of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Librarius. All Materials contained on Librarius are the property of Librarius or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Librarius or its affiliates and/or third-party licensors. Except as expressly authorized by Librarius, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Librarius reserves all rights not expressly granted in these Terms.

XII. Indemnification.

You agree to indemnify, save, and hold Librarius, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Librarius, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Librarius reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Librarius, and You agree to cooperate with Librarius’s defense of these claims. Librarius will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

XIII. Disclaimers; No Warranties.

To the fullest extent permissible pursuant to applicable law, Librarius, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Librarius or through the Services will create any warranty not expressly stated herein.

XIV. Governing Law.

These Terms will be governed by and construed in accordance with the laws of Ukraine, without giving effect to any principles of conflicts of law.

XV. Miscellaneous.

Notice.

Librarius may provide You with notices, including those regarding changes to Librarius’s terms and conditions, by email, regular mail, or postings on a Librarius-affiliated website. Notice will be deemed given twenty-four hours after email is sent, unless Librarius is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Librarius is deemed given ten days following the initial posting.

Waiver.

The failure of Librarius to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Librarius.

Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Librarius without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement.

These Terms (including all Guidelines, Notices, and Terms incorporated herein) are the entire agreement between You and Librarius relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Librarius as set forth above.

Claims.

You and Librarius agree that any cause of action arising out of or related to Librarius must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Disclosures.

The Services are offered by Librarius LLC, located at: Librarius LLC., 6 Bandery Avenue, Kyiv, 04073, Ukraine, and email: [info@librarius.pro].