ACCEPTANCE OF TERMS
If you disagree with any part of these terms and conditions, please do not use our website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
[wehdesign] limited ('everybooks' or 'us' or 'we' and terms of similar meaning) provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: »here«.
In addition, when using particular everybooks services, you and everybooks shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Acceptance of the TOS is absolute and applies to you as an account owner regardless of the number of websites contained within your account. You, as the everybooks account owner, are solely responsible for all websites within your account and for each site’s adherence to these Terms of Service.
The term 'everybooks' or 'us' or 'we' and terms of similar meaning refers to the owner of the website whose registered office is 2nd floor, 13 Upper Baggot Street, Dublin 4. Our business registration number is 492663 VAT No. IE9772401G. The term 'you' refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.
The information contained in this website is for general information purposes only. The information is provided by everybooks and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of everybooks. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, everybooks takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. everybooks reserves the right sole discretion to modify or discontinue the Services or Registration packages, or any portion thereof, at any time, with or without notice to you. everybooks shall not be liable to you or any third party should everybooks exercise its right to modify or discontinue the Services. No refunds will be granted to you in this instance.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
IN NO EVENT WILL EVERYBOOKS BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF EVERYBOOKS OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
everybooks makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-everybooks web site, please understand that it is independent from everybooks, and that everybooks has no control over the content on that web site. In addition, a link to a everybooks web site does not mean that everybooks endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless everybooks, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
You further agree to indemnify and hold everybooks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
everybooks is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
everybooks may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 30/05/2014.
DESCRIPTION OF SERVICE
everybooks currently provides you with access to a full-featured invoice and accounting system (the "Service"). You understand and agree that the service may include certain communications from everybooks, including but not limited to service announcements, administrative messages and newsletters, billing invoices, and the like, and that these communications are considered part of your everybooks subscription and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that everybooks assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, 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");
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
- provide true, accurate, current, complete and valid information about your method of payment (such information being the “Billing Data”)
- maintain and promptly update the Billing Data to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if everybooks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, everybooks has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Payments for your use of the Service will be automatically billed to the credit card you provide in your Billing Data. The following describes everybooks’ billing practices:
- Charges are billed each month for the upcoming month’s service, based on packages in your account on the billing date.
- Upgrading your account will cause an interim transaction to occur on the date the change is made. The interim transaction will charge your card a pro-rated amount in order to compensate for the change in charges over the remainder of your billing cycle. Then, at the beginning of your next billing cycle, you will be charged the new monthly amount based on the sites and packages in your account on the billing date.
- Downgrading the package of a site in your account will not initiate an interim transaction. No refunds will be given for any days remaining in your current billing cycle.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify everybooks of any unauthorised 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.
everybooks cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not everybooks, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. everybooks does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will everybooks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a everybooks official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that is sexually explicit, pornographic, or in other ways could be viewed as "adult" content.
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law.
- collect or store personal data about other users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
everybooks does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant everybooks the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the system, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific everybooks site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or everybooks removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or everybooks removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the everybooks network of properties that are intended by eevrybooks to be available to the general public. By way of example, publicly accessible areas of the Service would include everybooks websites. However, publicly accessible areas of the Service would not include portions of services intended for private communication such as E-mail or areas off of the everybooks network of properties such as portions of World Wide Web sites that are accessible through links from everybooks sites but are not hosted or served by everybooks.
MODIFICATIONS TO SERVICE
everybooks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that everybooks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that everybooks may, under certain circumstances and without prior notice, immediately terminate your everybooks account and access to the Service.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
Termination of your everybooks account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in everybooks' sole discretion and that everybooks shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. All fees paid to everybooks are non-refundable.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because everybooks has no control over such sites and resources, you acknowledge and agree that everybooks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that everybooks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
EVERYBOOKS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by everybooks for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERBOOKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- EVERYBOOKS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERBOOKY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERYBOOKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVERYBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service or by posting them on their company website, blog or other corporate communications channels.
TRADEMARK INFORMATIONeverybooks, everybooks logo and other everybooks product and service names and logos are trademarks of WEHDESIGN Ltd. Without WEHDESIGN's prior permission, you agree not to display or use in any manner, the everybooks Trademarks.
The TOS constitutes the entire agreement between you and everybooks and governs your use of the Service, superseding any prior agreements between you and everybooks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and everybooks shall be governed by the laws of the Republic of Ireland without regard to its conflict of law provisions. You and everybooks agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dublin, Republic of Ireland. The failure of everybooks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Note: The section titles in the TOS are for convenience only and have no legal or contractual effect.
This website and its content is copyright of [wehdesign] limited 2017. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
No part of this document or website or information therein may be reproduced or transmitted in any form or by any means, electronic or mechanical, without the prior permission of everybooks