- Terms Notice
- Account Terms and Activation
- General Conditions & License
- BookReader Rights
- Limitation of Lliability
- Intellectual Property & Copyright
- Fees and Pricing
- Cancellation and Termination
- Optional Tools
- Legal Responsibility
- Security, Privacy, and Data Protection
Last updated on 2019-12-10
For the purposes of this Agreement:
“Content Provider” means the party offering Magus Reader Content in the Magus Reader Store, which may be us or a third party.
“Magus Reader Applications” means software we make available that permits users to shop for, download, browse, or use the Magus Reader Store or Magus Reader Content on a Supported Device.
“Magus Reader Content” means digitized content obtained through the Magus Reader Store, such as books, newspapers, magazines, and other content.
“Magus Reader Store” means one of our partner or affiliate store stores, within Magus Reader Applications and on our website.
“Subscription Content” means Magus Reader Content made available for access only for so long as you remain an active member of a subscription or membership program, such as Magus Reader Unlimited or BookReader.Club Prime.
“Service” means the provision of the Magus Reader Store, Magus Reader Content, Magus Reader Application, and support and other services that we provide Magus Reader Store, Magus Reader Content, and Magus Reader Application users.
“Supported Device” means a mobile, computer or other supported electronic device on which you are authorized to operate a Magus Reader Application.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the Terms of Service for the complete picture of your legal requirements. By using BookReader or any BookReader services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Magus Reader Content
Use of Magus Reader Content.
Upon your download or access of Magus Reader Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Magus Reader Content an unlimited number of times (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely through a Magus Reader Application or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Magus Reader Store, and solely for your personal, non-commercial use. Magus Reader Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Magus Reader Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Magus Reader Content, such as interactive or highly formatted content, may not be available to you on all Magus Reader Applications.
Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Magus Reader Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Magus Reader Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
Book Returns and Subscription Cancellations Terminations.
You may return a book you purchase from the Magus Reader Store or cancel newspaper and magazine subscriptions as permitted in our return and cancellation policy in the Magus Reader Store. A newspaper or magazine subscription may be terminated at any time, for example, if a magazine is no longer available. If a magazine or newspaper subscription is terminated before the end of its term, you will receive a prorated refund. We reserve the right to change newspaper and magazine subscription terms and fees from time to time, effective as of the beginning of the next subscription term.
Risk of Loss.
Risk of loss for Magus Reader Content transfers when you download or access the Magus Reader Content.
Use of Magus Reader Applications.
You may use the Magus Reader Applications only on Supported Devices. For additional terms that apply to the Magus Reader Applications, see the Additional BookReader.Club Software Terms contained in the BookReader.Club.com Conditions of Use and the terms contained in the Legal or similar section in the Settings menu of your Magus Reader Application.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Services account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BookReader may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that BookReader will use the email address you provide as the primary method for communication.
- You are responsible for keeping your Shopify password secure, which is your means of entering the Rechare App Service. BookReader cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of BookReader will result in an immediate termination of your services.
- Don’t use BookReader for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
- If we need to reach you, we will send you an email.
By creating an account, you grant BookReader.Club a perpetual worldwide license to use your company’s name and logo(s) for the sole purpose of BookReader.Club’s marketing and sales efforts, such as listing you as a BookReader.Club customer on the Website. You may revoke this license at any time by notifying BookReader.Club via email
- Subject to Acount Terms item 2 the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completion of sign up for the Service, BookReader will collect your credit card and store it on a secure server on Stripe.
- If you do not wish to continue using the Service, it is your responsibility to contact BookReader to cancel the Service.
In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate the use of your personal data within our system(s) at any time provided all outstanding legal or financial obligations have been resolved. These additional rights may include: (i) the right to request access and obtain a copy of your personal information; (ii) the right to request rectification or erasure; (iii) the right to restrict processing of your personal information; and (iv) the right, if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact us. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident of the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here.
Specific rights for residents of California
If you are a resident of California, you are granted specific right regarding access to you to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like make such a request, please submit your request in writing to us using the contact information provided below.
- Technical support is only provided to paying account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that BookReader may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the BookReader Subscription website, available at https://bookreader.club/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the BookReader Subscription website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BookReader.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BookReader Subscription, Recharge Apps, BookReader or BookReader trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to email@example.com
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The BookReader Service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
- Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Under this license you may not:
- To build a similar or competitive service; however, custom licenses are available to resellers – contact us to learn more.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To impersonate or attempt to impersonate BookReader.Club, a BookReader.Club employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BookReader.Club or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without BookReader.Club’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to decompile or reverse engineer any software contained on the Website.
- Otherwise attempt to interfere with the proper working of the Website.
Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by BookReader.Club at any time, in its sole discretion.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any BookReader customer, BookReader employee, member, or officer will result in immediate account termination.
5. BookReader does not pre-screen Materials and it is in their sole discretion to refuse or remove any Materials that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BookReader employees and contractors may also be BookReader customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- BookReader retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, BookReader reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
- We can modify, cancel or refuse the service at anytime.
- In the event of an ownership dispute over a BookReader account, we can freeze the account or transfer it to the rightful owner.
Limitation of Liability
- You expressly understand and agree that BookReader 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 resulting from the use of or inability to use the service.
- In no event shall BookReader or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BookReader partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
- BookReader does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- BookReader does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- BookReader does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
- Service is as is so it may have errors or interruptions and we provide no warranties.
Waiver and Complete Agreement
The failure of BookReader to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BookReader and govern your use of the Service, superseding any prior agreements between you and BookReader (including, but not limited to, any prior versions of the Terms of Service).
- If BookReader chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
- These terms of service make up the agreement that applies to you. This means that any previous agreements between you and BookReader don’t apply if they conflict with these terms.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload remains yours. You can remove your Services store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view your Materials; (b) to allow BookReader to display and store your Materials; and (c) that BookReader can, at any time, review all the Materials submitted by you to its Service.
- You retain ownership over all Materials that you upload to a Services store; however, by making your store public, you agree to allow others to view your Materials. You are responsible for compliance of Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- BookReader shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
- Anything you upload remains yours and your responsibility.
As BookReader.Club asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BookReader.Club violates your copyright, you are encouraged to notify BookReader.Club. BookReader.Club will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BookReader.Club will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BookReader.Club or others.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed according to the assigned subscription interval or contracted base fee, user fee, and percentage of subscriptions. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your BookReader administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Taxes).
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of BookReader’s products and services, including without limitation, your subscription to or purchase of BookReader’s ecommerce services, point-of-sale services, point-of-sale equipment, apps, Themes and domains (Taxable Offerings). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of BookReader’s products and services, you must provide us with a statement by email to firstname.lastname@example.org stating that:
- you are not a resident of Canada or the U.S.;
- you are not GST/HST registered; and
- to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when BookReader’s products and services were made available to you.
- The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of BookReader’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to email@example.com.
- BookReader does not provide refunds.
- For live payment gateways, a valid credit card is required. You will be charged every 30 days your base fee and percentage fee. Tax is not included and will be billed to your credit card.
- No refunds.
Unless you notify BookReader before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.
Modifications to the Service and Prices
- Prices for using BookReader are subject to change at any time and without notice from BookReader.
- BookReader reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- BookReader shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- We may change or discontinue the service at anytime, without liability.
Cancellation and Termination
- You may cancel your account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in BookReader’s response.
- Upon termination of the Services by either party for any reason:
- BookReader will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to BookReader for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the BookReader service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, BookReader may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
- To initiate a cancellation, email email@example.com. BookReader will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and domains purchased through BookReader will no longer be automatically renewed. If you cancel in the middle of the month, you’ll have one last email invoice.
- We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
- BookReader may provide you with access to third party tools over which BookReader neither monitors nor has any control or input.
- You acknowledge and agree that BookReader provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. BookReader shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- BookReader strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
- We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand
BookReader assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.
- Make sure you provide in relevant email notifications the necessary subscription related disclosures for state and other authorities that require them.
You agree to indemnify and hold harmless BookReader.Club, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
All matters relating to the Website and these Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
BookReader’s Subscription Service does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends “Card Data” to your merchant processor directly at time of checkout processing. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, BookReader’ collection and use of personal information of any European residents is also subject to our Data Processing Addendum