NUTZUNGSBEDINGUNGEN FÜR DEN INTERNETDIENST BOOKLAND

1.General Provisions

• 1.1. Thank you for using the Bookland Website (the “Website"). All services available on the Website shall be provided to the User (Registered User), as these terms are defined below, by Pocketbook International SA, a corporation duly established and existing under the laws of Switzerland, registration # CHE-416.098.857, having its registered address at Crocicchio Cortogna, 6, 6900 Lugano, Switzerland, as well as, in some cases and so far as expressly stated, by its affiliates and / or partner companies, as the case may be (hereinafter referred to as the "Administration" or “Website Administration”).
• 1.2. These Terms (the "Terms") constitute a public offer and regulate the rights and obligations of the Website, represented by the Administration and the User (Registered User) (collectively referred to as the "Parties", and individually - the "Party") during the work with the Website's full version displayed in the PC's browser window (hereinafter referred to as the "Browser version"), as well as the User's work with one or more mobile applications of the Website for different mobile devices (hereinafter referred to as the "Mobile applications").
• 1.3. The Website's User is any full age, and, to the maximum extent permitted by applicable law, underage individual who actually uses the Browser version or the Mobile application. Therefore, regardless of whether the Registered User has an Account or not, as such term is defined below, fetch of the Browser version or installation of the Mobile application on the mobile device shall be the basis for applying the Terms and for beginning such application. These steps performed by the User (Registered User) shall be the absolute confirmation of its consent to the Terms and to its obligation to implement their provisions, including those concerning the procedure for and jurisdiction of dispute resolution. In addition, the User confirms its consent to assume obligations contained in the Terms by explicitly selecting an appropriate item from a pop-up window when creating an Account or when making a quick purchase without creating an Account.
• 1.4. In order to terminate the legal relationship between the User (Registered User) and the Website's Administration, the former should stop using the Browser version and delete all Mobile applications from all its mobile devices. For the avoidance of any doubt, the Account's deletion from the Website system shall not result in terminating legal relations between the User and the Website's Administration, if the former continues to use the Browser version as a User.
• 1.5. The User (Registered User) can send all suggestions and proposals concerning the Website's work and the Terms by e-mail to info@pocketbook-int.com Please note that customer service operators are not legal experts and cannot provide legal advice, and they are not necessarily the immediate representatives of the Website's Administration.
• 1.6. From time to time, the Website's Administration may conduct competitions, prize draws and other events, for which individual terms may be elaborated. In such cases, the User (Registered User) is recommended to make an additional review of such individual terms.
• 1.7. Other legal documents of the Website placed at https://bookland.com/eng/help/legal (hereinafter referred to as the "Legal Documents") shall be deemed an integral part of these Terms. Changes introduced into the Terms, as well as new versions of other Legal Documents shall be considered effective from the moment of their publication in section https://bookland.com/eng/help/legal, and therefore, in order to be aware of the most recent versions of the Terms and other Legal Documents, the User (Registered User) is recommended to visit the specified section from time to time. For the avoidance of any doubt, by continuing the use of the Browser versions and / or Mobile applications, the User (Registered User) expresses its consent to all new versions of the Terms and other Legal Documents.
• 1.8. The User (Registered User) understands and agrees that his/her personal data shall be collected and used by Website Administration in accordance with Privacy Policy https://bookland.com/eng/help/privacy-policy effective as of the current date.

2.Conduct on the Website. External links

• 2.1.During use of the Website, the User (Registered User) undertakes to refrain from:
  • breaching the provisions of these Terms in any way;
  • distributing materials as may be considered illegal, threatening, harmful, obscene, pornographic, in violation of the Website's work, infected with viruses, or in violation of the national laws or international regulations;
  • collecting or distributing any information on other Users (Registered Users);
  • proposing or using the information placed on the Website (including the Content, as such term is defined below) for commercial purposes without the authors' and the Website's written consent, as well as from distributing the received Content or its copies in any other manner;
  • using the Website's capabilities and services for commercial purposes and for implementing unlawful acts, including for sending spam.
• 2.2.The User (Registered User) understands and agrees that in the event any violations of its obligations set forth above in this Article 2 are detected, the Website's Administration unconditionally reserves the right to cancel the Registered User's registration at any time without any compensation or indemnification, and to terminate the provision of any Services to such User (Registered User) in any other way.
• 2.3.As the Services are provided through the Website, the User (Registered User) may gain access to information that is not considered Content and not produced by the Administration, including, but not limited to, information about the Content (descriptions, covers, genres, and so on), information created by other Users (Registered Users) as part of posting comments on the Website, its directories or Content, discussions on forums within the Website's system or in other ways, as well as in the form of external links to third-party websites and Internet resources. The Website's Administration bears no liability for any illegal, uncensored, or offensive information received or noticed by the User (Registered User) during the use of the Website or as a result of clicking an external link. However, if the User (Registered User) actually receives and notices the said kind of information, it is recommended to contact the Administration in the manner prescribed in these Terms, and to report such facts. Despite the fact that it is not the responsibility of the Administration, it nevertheless reserves the right to control, track and remove illegal, obscene or offensive materials posted on the Website.

3.Registration

• 3.1.In order to obtain access to the Website's services that are available to Registered Users only (hereinafter referred to as the "Additional Services"), the User is required to sign up on the Website. The sign-up results in the creation of a Registered User's Account (hereinafter referred to as the "Account"). The presence or absence of the Account does not affect the status of the Website's user, who is responsible for all actions performed on the Website both by using the Account (the Registered User), and as an unregistered user (the User).
• 3.2.During the sign-up, the User should indicate at least:
  1. (1) the email address to be used as the Account's name and for sending notifications relating to this Account;
  2. (2) the password to access this Account;
  3. (3) the User's first name and last name.
• 3.3.During the creation of the Account, the User undertakes to indicate information marked as required, in full, and is also responsible for the reliability, accuracy and validity of both the required and other provided information. In the event any unreliability, incorrect indication or invalidity of the Registered User's information is detected, the Website's Administration unconditionally reserves the right to cancel the Registered User's Account at any time without any compensation or indemnification, and to terminate the provision of any Services to such Registered User in any other way.
• 3.4.Additional Services include:
  • Access to the Content accessed previously
  • Access to the balance of the account
  • Access to the history of buying and account increases
  • Access to registration of a PocketBook device
  • Access to the PBSync
  • Access to email preferences
  • Access to the settings of User’s login and password.
  • Access to a faster technical support
• 3.5.By creating an Account and by obtaining Additional Services, the Registered User agrees to receive information and advertising messages relating to the Website's activity from the Website's Administration and Partners to the email specified during the sign-up process. The Registered User can customize the regularity of receiving such messages, or even refuse from receiving them in the notification settings at https://bookland.com/deu/account/settings.
• 3.6.The User can receive individual services of the Website, except for Additional Services, without signing up. For that purpose, a Temporary Account shall be automatically created for such User. The Temporary Account shall use randomly generated symbols instead of the Account's name and password.
• 3.7.Since the Temporary Account's name and password are generated automatically without the possibility of further identification and without specifying the User's email address, the Administration does not restore the names and passwords of the Temporary Accounts and is not responsible for the loss of temporary names and passwords of the accounts. The User is recommended to evaluate the possibility of signing up for the Website and getting Additional Services prior to making any purchases and, if the User has nevertheless decided not to sign-up, it is recommended to write down the automatically generated name and password of the Temporary Account in order to access the purchase history, balance, as well as to be able to re-download the Content purchased by it (See clause 3.4 above).
• 3.8.By initiating the Temporary Account creation, the User agrees that the Website's Administration has no obligation to transfer its purchase history and balance from the automatically created Temporary Account to a permanent Account if the User creates such an Account. The User is recommended to note the need to enter the Account when it accesses the Website by using a new device or a new IP-address on the Internet. This will help avoid situations related to the existence of one or more automatically created Temporary Accounts.
• 3.9.The Account includes the Registered User's eWallet. Monetary funds that are deposited by such Registered User on its eWallet shall remain the Registered User's property, and the Website's Administration shall ensure their safety, but is not responsible for their spending in the event that the Account is compromised. Monetary funds that are deposited on such eWallet may not be spent other than for purchasing Content within the Website. At the Registered User's request, the said monetary funds may be returned to it in the form agreed with the Website's Administration. If the Account is canceled by the Registered User or by the Website's Administration, the remaining monetary funds (balance) must be compensated at the Registered User's written request submitted to the Website's Administration not later than within 5 working days of notification of the Account's cancellation. If no such written request has been received within the agreed time, the Website's Administration reserves the right not to compensate or not to indemnify the funds remaining in the eWallet.

4.Website's Services. Settlements. Bonuses.

• 4.1.The Website's Services are the services of access to the directory text, audiovisual works and software (collectively referred to as the "Content”) posted at https://bookland.com in the relevant sections, the services of fee-based and free access to the files containing the said works, as well as the Additional Services. At the same time, access to the Content directories is free both for the User, and for the Registered Users, and the fee is charged mainly for obtaining access to the Content and / or for downloading files with the Content (purchase of the Content).
• 4.2.Obtaining the opportunity to download a file containing the Content shall be considered the obtaining of the service for granting access to the Content. If the User (Registered User) has obtained such an opportunity, but for any reason did not manage to use it, no return shall be provided. Payment of a fee-based Content shall be made by reducing the remaining funds (balance) deposited by the User (Registered User) in a manner determined for this in the Website's system on its Account e-Wallet.
• 4.3.The works shall be provided to the User (Registered User) on an as is basis (tel quel), in the form in which they have been provided by the right holder. The Administration shall grant access to the Content in one or more possible file formats of its choosing. The Administration is not responsible for the failure to provide a file through the Content in a certain format, regardless of whether the given format has been declared in the list of those being available for this work or not.
• 4.4.Any free Content may become fee-based and vice versa. The Website's Administration shall not refund the User (Registered User) the cost of purchased Content, if the Content becomes free over time. Within the framework of events held by the Website, certain Content may become available for download at a promotional price for a certain period, as shall be informed on the relevant page of the Website (hereinafter referred to as "Promotional Content"). The User (Registered User) understands and accepts that after the end of the promotional period, the price for the Promotional Content may change, and the free Promotional Content may become fee-based and vice versa.
• 4.5.The Content prices may rise and fall without notice to the User (Registered User). If a fall in the price occurs after the User (Registered User) makes a purchase, the Website's Administration has no obligation to pay any compensation to such User (Registered User).
• 4.6.Some Content may be available in a protected format having certain restrictions on access, for example, only devices of a particular brand, only a certain number of content installations, reading by means of certain software only, only subject to sign-up for other websites, etc. (hereinafter referred to as the "Protected Content"). The User (Registered User) shall be notified in a relevant message displayed on the Website's page where the given Content is contained, if the Content purchased by it is protected.
  
  
  By purchasing and downloading the Protected Content, the User (Registered User) understands and accepts the restrictions as may apply to such Content. Restrictions on access to the Protected Content may be removed by the Administration fully or partially at any time. In such a case, the Administration is entitled, but not obliged to provide versions of the Protected Content with a new set of restrictions.
• 4.7.The number of downloads of files from individual rights holders may be limited. Information regarding the limited number of downloads is available on the description page of the Content
  
  In the event of exceeding the permitted number of downloads, access to the Content file purchased by the User (Registered User) shall be terminated. If the permitted number of downloads has been exceeded due to technical reasons (for example, due to unstable connection or software problems on the part of the User (Registered User)), the Website's Administration shall be entitled, but not obliged to provide such User (Registered User) with an opportunity to make one extra download.
• 4.8.The User (Registered User) understands and agrees that the licensees and holders of rights to distribute the Content placed on the Website, is Content Management LLC registered at Suite 1 (Building 2, Rooms II), 15-17 Nizhnyaya Krasnoselskaya Str., Moscow 105066, Russian Federation, phone: +79647988314, or Content Management Ukraine LLC registered at 16 Lavrskaya St., Kyiv 01015, Ukraine, or Pocketbook Readers GmbH registered at Richard-Wagner-Straße 11, 01445 Radebeul, Germany, or their affiliates, as the case may be.
• 4.9.The User (Registered User) shall send to the said companies any claims and disputes regarding the Content licenses, and in the event that they cannot be settled amicably, they shall be settled according to the provisions of Section 8 of these Terms.
• 4.10.The User (Registered User) understands and agrees that the operator for accepting and implementing payments for the services provided through the Website is one of the acquiring companies, as the case may be, linked to the Website and chosen by the User (Registered User) itself in the process of depositing personal funds. The User (Registered User) shall send to such appropriate company any claims and disputes regarding the implementation of payments and the acceptance of returns, and in the event that they cannot be settled amicably, they shall be settled according to the provisions of Section 8 of these Terms.
• 4.11.Writing-off Bonuses. From time to time and at its own absolute discretion, the Website's Administration may hold promotional campaigns to grant to all or some Registered Users bonuses in the form of replenishing eWallets within their Accounts with certain amounts. Unless otherwise specifically agreed, such bonuses shall be available for use within 30 calendar days from the date of their accrual, inclusive. Bonuses accrued to the Users as part of the above promotional campaigns before July 15, 2012, inclusive, in the event of the Registered User's failure to use them, shall be canceled on December 31, 2012, and in the event of their partial use, such bonuses shall be canceled (written off) on December 31, 2013.

5.Access to the Website

• 5.1.The Administration shall make every reasonable effort to ensure the Website's proper operation, but is not responsible for any failure to perform or to perform properly the obligations under these Terms, as well as for damage caused in this regard, as a consequence of, but not limited to:
  • illegal actions of third parties;
  • failures in the Website's operation caused by errors in the code, computer viruses and other unauthorized code fragments in the Website's software;
  • no Internet connection between the User's (Registered User's) device and the Website's server, as well as between the Website's server and the Internet;
  • operational activities conducted by state bodies and other duly authorized organizations that affect the Website's operation;
  • upgrading the Website's software and hardware; and
  • enforcement of an applicable and effective decision of authorized state bodies.
• 5.2.In order to prevent unauthorized automated scanning of the Website, as well as the Website's use in fraudulent schemes, access to the Website shall be granted solely through a PC browser. In the event User (Registered User) access to the Website is found to have been made in an unauthorized manner, the Administration reserves the right to: (1) block access to the Website; (2) cancel all purchases made by using the unauthorized access; (3) recover damages caused by the use of unauthorized access to the Website.
• 5.3.The Website is optimized for viewing and working on a PC and using the Google Chrome 22 and newer, Mozilla Firefox 16 and newer, Microsoft Internet Explorer 8 and newer, Apple Safari 5 and newer, Opera 12 and newer at resolution of 1024х768 and higher, active Cookie and JavaScript. The Website's mobile version is optimized for viewing and working using the mobile versions of the above browsers with resolution of 240x320 or higher and active Cookie and JavaScript on a mobile device. The Website may be suitable for use on other screen resolutions, browsers and operating systems, but in this case the Website's Administration does not guarantee the Website's full functionality and is not responsible for any errors, faults and inconveniences caused by the use of other screen resolutions, browsers and operating systems.
• 5.4.The Administration reserves the right to suspend access to the Website at any time without notice for Users, who violate the laws of the country of their residence, the country of location of the Content's right holders, the country of the Website's location, as well as these Terms.

6.Access to the Account.

• 6.1.The Account provides an opportunity for its use exclusively by one Website's Registered User. Transfer of Account information to third parties is not permitted. If instances of transferring Account information to third parties or instances of collective use of the Account are identified, the Administration may block the Account and cancel purchases made through such Account.
• 6.2.The Administration is not responsible for the consequences of the compromising of (unauthorized access to) the Account as a result of errors, actions of third parties, as well as the Registered User's negligence. If a competent court determines the Registered User’s Account to have been compromised due to the Administration's fault, the latter shall be liable to such Registered User solely within the amount that was on the balance of the eWallet of such Account at the time of the last authorized transaction.
• 6.3.In the event the Account is compromised or events occur that allow the assumption of a possible compromising of the Account, the Registered User shall immediately notify the Administration of the possible risk of the Account being compromised, and then change the password for its Account by using the Account settings or the following link https://bookland.com/eng/account/settings. The Administration disclaims any responsibility with regard to paying any compensation or safety of the Registered User's personal data upon the latter's failure to perform the said steps within 2 hours following the detection of the compromising of the Registered User's Account.

7.Liability

• 7.1.Except for cases specifically agreed in these Terms, the Website's Administration shall not compensate any monetary funds spent by the User (Registered User) for purchasing Content or otherwise spent on the Website. At the same time, compensation is possible if the User (Registered User) did not manage to access the appropriately purchased Content solely through the fault of the Administration. In this case, at the User's (Registered User's) option, the Website's Administration undertakes to compensate the cost of non-received Content in the form agreed by the Parties and being acceptable to the Website's Administration, or to provide access to such Content in the paid amount.
• 7.2.The Parties shall be liable for their actions in accordance with the provisions of governing law only to the extent of duly proved damage caused to the other Party.
• 7.3.In the event of any compensation, except for the situation stipulated in Clause 7.1 above, any internal commissions of payment systems, as well as the cost of applying the means of technical protection of the Content (DRM and related technologies) shall be deducted from the amount of Compensation.
• 7.4.THE ADMINISTRATION ENDEAVOURS TO MAINTAIN THE WEBSITE IN THE PROPER ORDER, WITHOUT DEFECTS AND SECURELY, BUT THE USERS (REGISTERED USERS) USE IT AT THEIR OWN RISK. THE WEBSITE IS PROVIDED ON AN AS IS BASIS, WITHOUT ANY GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ADMINISTRATION DOES NOT GUARANTEE THE WEBSITE'S SAFETY OR PROTECTABILITY, OR ITS UNINTERRUPTED OPERATION WITHOUT FAILURES, DELAYS OR FAULTS. THE WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, MATERIALS, INFORMATION OR DATA OF THIRD PARTIES, AND THE USER (REGISTERED USER) SHALL HOLD HARMLESS THE ADMINISTRATION, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, AS ARISING DUE TO ANY CLAIM OF THE USER (REGISTERED USER) AGAINST SUCH THIRD PARTIES OR IN ANY WAY RELATED TO IT. THE WEBSITE'S AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED $100 (ONE HUNDRED U.S. DOLLARS). GOVERNING LAW MAY DISALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR WHICH REASON THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO THE USERS. IN SUCH CASES, THE WEBSITE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8.Dispute resolution, Severability and Governing Law

• 8.1.These Terms are drawn up in accordance with the substantive laws of Switzerland. If the User (Registered User) is located outside this jurisdiction, it shall nevertheless fully agree to submit its legal relations arising from any use of the Website to the Swiss legislation, and these Terms shall apply to it to the maximum extent permitted by its jurisdiction without application of any rules concerning conflict of laws.
• 8.2.If any provisions of the Terms are considered illegal or invalid within any applicable jurisdiction, then within that jurisdiction such provision shall be deemed removed from the text of the Terms, which does not change their effect in other jurisdictions, does not mean and does not lead to the illegality or invalidity of all other provisions of the Terms, which shall be considered automatically modified and valid in a new edition from that moment.
• 8.3.The User acknowledges and agrees that the only appropriate place for resolving any disputes which have arisen out of the relations between the Parties and have not been settled through negotiations of such Parties within at least 30 days, is the Arbitration Court of the Swiss Chamber of Commerce and Industry in Lugano, Switzerland.