Terms and Conditions.

By using the Services of Flickread you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Services. If you wish to buy and use our Services, you will be asked to give your express consent to these Terms and Conditions. We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed may no longer be available on the website, applications or platform. For this reason, we recommend that users and customers print and file a copy of these Terms and Conditions for future reference.

GENERAL PROVISIONS

Definitions in these Terms and Conditions: ‘The Company’ or ‘Flickread’ shall refer to Flickread, a trading division of Digital Editon Technology Registered in England & Wales number 06953138. Registered office 8-12 Priestgate, Peterborough, PE1 1JA. “application” or "app" means any Flickread web application enabling the use of Publications or otherwise facilitating use of the Services (and, where the context permits, any part thereof); “EULA” means the end user license agreement set out earlier in these Terms and Conditions; “Permitted Device” means an iPhone, Android tablet, iPad, laptop, desktop computer or other device that you own and control specified as a permitted device upon the website or through an application; “Publication” means a book, catalogue, magazine or issue of a magazine, pamphlet or any other publication supplied by us through the Services, for use by means of the Application (and, where the context permits, any part thereof); “Services” means the supply of the website, application, data hosting, platforms and services and any publications (including both the supply of the Publications via an application and via a website); “Terms and Conditions” means these terms and conditions, including any updates and amendments to them from time to time; and “Website” or “website” means any one or more of our websites, as well as the Apple App Store, to the extent that the context requires. References in these Terms and Conditions to “we” (or “us” or “our”) are references to Flickread; and references to “client”, “you” (or “your”) are references to the applicable user of the Services or customer for the Services.

Intellectual Property

Flickread acknowledge that all beneficial intellectual property rights in the magazine content, brand, trademarks, format, databases and know how are owned exclusively by the client. Flickread and its agents assert no legal or moral claim to such intellectual property and undertake that at no time will Flickread or its agents seek to copy, extract in whole or part or otherwise use any aspect of the intellectual property. Flickread reserve all copyright and intellectual property rights over it’s own branding, name, software, source code and trademarks.

Eligibility to buy Services

You must be an incorporated legal entity to engage Flickread to fulfil digital content. You must be 13 years old or older to view Flickread content and situated in one of the permitted jurisdictions listed on this website.

System requirements

In order to access the Flickread Client Dashboard, and control the content on your account, you will require a compatible computer with a sufficient internet connection. You will also need the ability to create PDF documents. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. You agree that such requirements are your responsibility.

How to buy Services via the website or through the application

You may purchase the Services by following one of the purchase procedures described on the website. You will have the opportunity to identify and correct input errors prior to ordering the Services. You agree to provide true, accurate, current and complete information about yourself when you register or order Services from us, and to promptly update such information to ensure that it remains true, accurate, current and complete.

Description of Services

The Services may consist of: (a) provison of digital publishing solution for content distribution viewed on web browsers (b) hosting of data (c) sales and distribution of content where applicable via the Flickread storefront.

Charges and payments

The charges in respect of our Services will be as set out on the website or in the application. All monthly hosting charges exclude VAT or sales tax, which may be charged depending on tax jurisdiction. When submitting your order you will be required to provide credit card details, which will be held securely offline for the duration of the contract. Your card will be debited the agreed monthly fee at the time you place your order, and/or monthly in arrears depending on the contract type until you terminate this agreement (see Termination below). At the end of our agreement, we will securely destroy any credit card information we hold. A monthly sales invoice will be sent to you by email. An alternative method of payment may be used, by arrangement, however your credit card details will be retained during the course of the agreement as security, and will be debited if the alternative payment method fails.

If your payment is not authorized on the due date we will reprocess on the following working day. If your payment is not authorized on our second attempt you will incur a £35 admin fee and we will again reprocess on the following working day. If your payment is not authorized on our third attempt we reserve the right to terminate your contract and immediately charge the relevant cancellation fees (see Termination below).

Termination

By entering in to this agreement you are committing to an ongoing contract with a minimum of 12 monthly payments. Termination of this agreement must be made in writing (email is sufficient) and will be acknowledged by our customer service department. A minimum notice to terminate of 30 days must be given and may not be given during the first 12 months. After termination of this agreement users will no longer be able to download or view your publications and you will no longer be able to access the Client Dashboard. In the event of termination within the minimum 12 payment period, a cancellation fee will be charged equivalent to the total charges remaining within the minimum term. If additional apps are added to the agreement, the 12 month minimum period will apply from the live date of each additional app.

End user license agreement (EULA)

Subject to the payment by you of the relevant charges in respect of the Services and the other provisions of the EULA, and for the period of our contract, we grant to you a non-exclusive non-transferable license to: (a) use the Flickread technology and systems to deploy and control your digital content; (b) access the Client Dashboard to upload your PDF editions which will be stored on the Flickread servers and made available to your users (c) Access, via the Client Dashboard, your download and user analysis

Usage rules

You may not: (a) copy or reproduce the Application or any Publication, other than in accordance with the license granted (b) sell, resell, rent, lease or loan the Application; (c) modify, alter, adapt, translate or edit, or create derivative works of, the Application; (d) reverse engineer, decompile, disassemble the Application; (e) use the Application or any Publication, other than in accordance any guidelines for use issued by us from time to time; or (f) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Application or any Publication for the purposes of preventing unauthorized use, providing that nothing in this Section will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law. You will not access or attempt to access the Services by any means other than through the application or the website. You must not permit any other person to use the Application or any Publication or to exercise any of the other rights granted by us to you under (g) publish any work you do not own the copyright and intellectual property to. Flickread Reserves the right to remove any work that is in breach of these rules or content rules set out below, or any rules imposed by Apple, Google, Amazon, Blackberry or any other third party provider.
All intellectual property rights and other rights in the Application are reserved and will remain our property.

Upgrades

You acknowledge that from time to time we may apply upgrades or bug fixes to the Application, without giving you further notice or seeking any further consent. These Terms and Conditions will apply to such upgrades and bug fixes as if they were part of the original Application.

Accounts and security

As a user of the Services, you will be able to establish an account on the website. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, or use anyone else’s account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify us of any unauthorized use of your account or any other breach of security relating to your account. We shall not be responsible for any losses arising out of the unauthorized use of your account.

Warranties relating to the Services

We will use reasonable care and skill with respect to the provision of the Services to you. However, we do not make any other promises or warranties about the Services and in particular we do not warrant that: (a) your use of the Services will be uninterrupted or error-free; or (b) the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, we disclaim all liability relating thereto. You will be responsible for backing up your own content that is stored on our system. You understand that by using any of the Services, you may encounter content that may be explicit, offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk.

Termination of EULA

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may terminate our agreement immediately by sending to you written notice of termination (which may be given by electronic transmission). Where we terminate an agreement for this reason, we will not refund to you the charges or any element of the charges you have paid, you will be still be liable for the balance of the twelve month minimum period.

Your content

In these Terms and Conditions, “your content” means material (including text, images, audio material, video material and audio-visual material) that you submit for publication on the website or in or through an application. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your user content (and its publication on the website or through an application) must not: (a) be libelous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy, or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in a explicit, graphic or gratuitous manner; (m) be pornographic or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet. You must not use the Services to link to any website or web page consisting of or containing material that would, were it posted on the website or through an application, breach the provisions of these Terms and Conditions. You must not submit any user content to the website or through an application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Subject to the terms of any printed agreements between and signed by us and you, we reserve the right to edit or remove any material submitted to the website, or stored on our servers, or hosted or published upon the website or through our Services. Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the website or through an application.

Warranties relating to the Services

We do not warrant the completeness or accuracy of the information published on through the Services. You acknowledge that some of the information published through the Services may have been submitted by users, and that we do not usually review, approve or edit such information.

Limitation of warranties

To the maximum extent permitted by law we exclude all representations, warranties, terms and conditions relating to the services, and/or to the use of the services, that are not expressly set out in these terms and conditions.

Limitations of liability

Nothing in these terms and conditions will exclude or limit our liability for fraud, for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of the services or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows: (a) if you have not paid for the services, we will not be liable for any loss or damage of any nature; (b) if you have paid for the services, our liability will not exceed the amount paid by you to us in respect of those services; (c) we will not be liable for any consequential, indirect or special loss or damage; (d) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and (e) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control. You accept that we have an interest in limiting the personal liability of our officers, directors, agents and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers, directors, agents or employees in respect of any losses you suffer in connection with the services, or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers, directors, agents and employees.
You agree to the publication on the website or through an application of material relating to you. You acknowledge that such material may be critical or defamatory or may otherwise infringe your legal rights; and you agree that you will not hold us liable in respect of any such material, irrespective of whether we are aware or ought to have been aware of such material.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any and all losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may: (a) send you one or more formal warnings, by electronic transmission or otherwise; (b) temporarily suspend your access to the Services; (c) permanently prohibit you from accessing any of the Services; (d) block computers using your IP address from accessing any of the Services; (e) contact your internet services provider and request that they block your access to any of the Services; (f) bring court proceedings against you for breach of contract or otherwise. Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including creating and/or using a different account).

Third party websites

The Services may include hyper links to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trademarks

Flickread, our logo, and all derivations or iterations thereof are trademarks or trade names belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the website or in any application are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Variation

We may revise these Terms and Conditions from time-to- time. Revised Terms and Conditions will apply to the use of the Services from the date of the publication of the revised Terms and Conditions.

Assignment

We may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent – providing that, where you are a consumer with respect to a contract under these Terms and Conditions, we will not transfer our rights and/or obligations under that contract in any way which may serve to reduce the guarantees benefiting you under that contract. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, that will not affect the other parts of this agreement. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

These Terms and Conditions are for the benefit of you and us, and except as otherwise specifically set forth herein are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and us in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.
These terms are set out in accordance to UK and Delaware law and are subject to the jurisdiction and arbitration of the UK or Delaware courts, depending where we elect.

Privacy Policy

We are committed to safeguarding the privacy of the website visitors and Service users; this policy sets out how we will treat your personal information:
What information do we collect?? We may collect, store and use the following kinds of personal data: (a) information about your computer and about your visits to and use of our Services (including your IP address, geographical location, browser type, referral source, length of visit and number of page views); (b) information relating to any purchases of our Services via the website, in an application, via the Apple App Store or otherwise (including your name, address, email address, birth date and other demographics provided by you, as well as payment details, details of the Publications you have purchased, analytics relating to your viewing of the Publications, and any information contained in any messages provided by you); (c) the personal information identified in the sections below; and (d) any other personal information that you provide to us.

Using your personal data

Personal data submitted on the website or through an application will be used for the purposes specified in this privacy policy or in relevant parts of the website or an application. We may use your personal information to: (a) administer the website or any applications; (b) improve your browsing experience by personalizing the website and applications; (c) enable your use of the Services and supply the Services to you; (e) send statements and invoices to you, and collect payments from you; (f) send you general (non- marketing) commercial communications; (g) send you email notifications which you have specifically requested; (h) send to you marketing communications relating to our business or the businesses of selected third parties which we think may be of interest to you by post, or email or other technology (to the extent permitted by law–you can inform us at any time if you no longer require marketing communications); (i) provide various third parties with statistical information about our users – but this information will not be used to identify any individual user; (j) deal with inquiries and complaints made by or about you relating to the Website and/or the Services. Where you submit personal information for publication on our website or through our application, we will publish and otherwise use that information in accordance with the license you grant to us. All our financial transactions are handled through our payment services provider. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via or in relation to our Services.

International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy. Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the UK.

Security of your personal data

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.

Policy amendments

We may update this privacy policy from time-to-time by posting a new version on the website or otherwise through the Services. You should check this page occasionally to ensure you are happy with any changes.

Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee. You may instruct us not to process your personal data for marketing purposes by email at any time.

Third party websites

The website contains, and applications may contain, links to other websites. We are not responsible for the privacy policies or practices of third party websites.

App downloader terms and conditions

The following terms apply to individuals or organizations that download and use apps, developed by Flickread, to their devices.

Acceptance of this EULA

By utilising our Services, either through a website, an application, or otherwise, you agree to the terms of the EULA. If you do not agree to the terms of this EULA, you may not access our Services. If you purchase the Services in an application, you are agreeing to the terms of this EULA before making the purchase.