TERMS OF SERVICE
Welcome to Libri!
This Libri service agreement (Hereinafter referred to as “Agreement”) is entered into by and between Libri LIMITED and Libri 's users (Hereinafter referred to as “Users”), concerning the installation, usage and related matters of “Libri” application (Hereinafter referred to as “Libri”). By clicking "I agree" or other ways to accept the Agreement, you acknowledge that you have reached an agreement with Libri and accept all the following terms and conditions.
In this Agreement, “Libri”, “we”, “us”, “our” refers to Libri LIMITED, including its joint ventures and related corporations as defined under the Hong Kong Companies Ordinance (Cap. 622).
Article 1 Users' Service
Users must (i) read through and accept this Agreement before installing, copying, downloading, visiting or any other ways to use Libri, (ii) download Libri from websites or media appointed. Libri has no obligations or liabilities on any possible risks and/or losses caused by Users ' breach of this Agreement.
Article 2 Intellectual Property
2.1 All of the Libri 's intellectual property rights, as well as information content related to Libri, including but not limited to text representations and combinations thereof, icons, graphic decorations, images, charts, colors, interface designs, layout frameworks, relevant data, additional programs, printed materials or electronic documents, etc., are protected under copyright laws and international copyright treaties as well as other intellectual property laws and regulations. Users shall not reverse engineer, decompile, or disassemble Libri without the prior written approval of Libri.
2.2 Users acknowledge that any texts, images, graphic materials of the network service provided by Libri are protected under copyright, trademark and/or other property ownership laws. Without the prior written approval of Libri, foregoing information shall not be (i) directly or indirectly published or played in any media, (ii) rewrote or republished for the purpose of publication or playing, or (iii) used for any other commercial purposes. All or any parts of the information shall be only available for private and non-commercial purpose to be saved in Users ' terminals. Libri has no obligations or liabilities to any Users or third parties on any damages and/or losses caused by the delay, inaccuracies, errors, omissions (i) of the information, (ii) during the transmission or submission of the information or any parts hereof.
Article 3 Payment
3.1 Libri is a free application available to be unlimitedly download, copy, install and use for non-commercial purpose.
3.2 Internet fee may caused and charged by the mobile operator during the downloading and using of Libri. Users shall consult local mobile operator for details.
3.3 Libri provides books authorized by the copyright owners. Users may be charged while reading some books or contents thereby. Libri shall give Users a specific prompt before the charge. Users press "Cancel " or "Back " to cancel, and Libri does not charge any fees.
3.4 Libri accepts payments including but not limited to Google wallet, etc. Users are deemed to accept Libri 's payment methods by accepting this Agreement.
Article 4 Users ' Obligations
4.1 Users represent and warrant to use Libri (i) legitimately and honestly, (ii) without infringing any third party 's legitimate rights and interests.
4.2 Users represent and warrant not to spitefully delete, change, add functions or data saved in the application, or designedly avoid or destroy technical measures for the protection of Libri 's copyright. Users shall take all risks and responsibilities caused by their breach of this term. In case Users involve Libri into any illegal activities or breach the purpose of this Agreement, Libri has the right to stop providing services to Users immediately and reserve the right to investigate and affix the responsibilities of Users through judicial channels.
4.3 Users represent and warrant not to (i) imitate Libri's products and services for commercial purposes, (ii) copy or imitate Libri 's design philosophy, interface, functions and charts, or (iii) modify or create other derivative products of Libri without the prior written approval of Libri.
4.4 Users shall not use Libri or its services to make, upload, copy, send, share contents that violates applicable laws.
4.5 Users shall take all responsibilities for compensation to Libri and/or others ' losses caused by their breach of this Agreement. Should Libri take such responsibilities, Users shall compensate for Libri's related costs and losses, including reasonable attorney 's fees.
4.6 Users acknowledge that breach of any of the above representations and warranties or Libri 's rules and/or notices may result in immediate termination of their use of Libri without any refund or prior notice.
4.7 Users agree to accept all information services provided by Libri while using Libri.
Article 5 Rights and Obligations
5.1 Libri has the right to modify and update Libri at any time based on the needs of operation and network environment.
5.2 In case Users breach this Agreement while using Libri and cause losses to Libri, libri has the right to take measures, including but not limited to stop license and services, restrict for use, investigate and affix legal liability, etc.
5.3 Libri may, in its sole discretion, discontinue provision of Libri at any time without liability and/or notice to Users.
Article 6 Disclaimer and Liability Limitations
Users acknowledge that Libri shall not be liable for the following conditions, including but not limited to:
6.1 System problems caused by hurricane, earthquakes, tsunami, flood, electrical outages, war, terrorist attack, etc. (“Event of Force Majeure”).
6.2 Service problems caused by hacker attack, telecom department technical adjustments or failures, website update, bank problems, etc.
6.3 We does not warrant that (i) Libri has no technical bugs, (ii) We fixes all bugs of Libri, (iii) Libri meets all needs of Users.
6.4 The only solution of dissatisfaction with this Agreement or Libri is to stop using Libri.
6.5 Users agree that this Agreement shall be governed by and any dispute arising out of or in connection with this Agreement shall be negotiated between Libri and Users in good faith. If, however, the dispute cannot be resolved, both parties agree to submit to the district Court where Libri located at for arbitration.
6.6 Any term of this Agreement, for whatever reason, completely or partially invalid or unenforceable or in violation of any applicable laws, shall be deemed to be deleted. Other terms of this agreement shall remain valid and have binding force.
Article 7 User Content
7.1Libri welcomes your creation and interaction on the Platform. Certain features of the Service may permit users to upload content to the Service, including but not limited to original literary works (such as fictions, short stories, etc.), suggestions, messages, comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You shall have fully understood and agree to this section prior to uploading, posting or publishing any User Content to the Service.
7.2For the avoidance of doubt, all rights not expressly granted to Libri shall be reserved to you and Libri is not claiming any ownership in and to User Content that you uploaded.
7.3There are limited rights of User Content granted / licensed to Libri. By uploading, posting and publishing User Content, you grant Libri a worldwide and non-exclusive right and license (with the right to sublicense to Libri affiliates solely in connection with their provision of the Services) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify (which is made solely for the purpose of formatting for display), and distribute your User Content, in whole or in part, in any media formats only through our Services. Libri is licensed to use the User Content for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a User Content private or proprietary, please do not transmit any User Content to Libri or share any User Content with others.
7.4There are limited rights of User Content granted / licensed to other users. By uploading, posting and publishing User Content and / or sharing User Content with other users of the Service, you grant other users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
7.5There are following Representations and Warranties of User Content. You shall take sole responsibilities for any User Content that you upload, post or publish on the Service, and you are responsible for the consequences of uploading, posting or publishing such User Content. By uploading, posting or publishing User Content, you affirm, represent, and warrant that:
(a)You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Libri and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Libri, the Service, and these Terms
(b)Your User Content, in whole or part, does not involve or embody: (i) lobbyists, political action committees, political campaigns; (ii) sexually explicit description, cover and graphic, etc. (including any pornography); (iii) hate speech (e.g. discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age); (iv) infringement of legitimate rights and interests of minors; (ⅴ) offensive content (e.g. reviews that harass, bully or attack others, potentially slanderous or libelous content, etc.); (ⅵ) advertisement; (ⅶ) content that infringes, violates, or misappropriates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (ⅷ) content that violates any applicable federal, state, or local law, regulation, statute, code or any applicable content guidelines for any distribution platform.
(c)The use of your User Content as contemplated by these Terms, shall not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) any other Libri policies or guidelines to which your User Content is subject; (iv) cause Libri to violate any law or regulation.
7.6You are aware that the uploaded, posted and published User Content is automatically stored and present in our Service. Unless otherwise provided by law, Libri is under no obligation to monitor, filter, edit or control User Content that you or other users upload, post or publish, and will not be in any way responsible or liable for User Content. Libri may, however, at any time and without prior notice, screen, remove, delete, take down, edit, or block any User Content that in our sole determination violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Libri does not endorse any User Content or any opinion, recommendation, or advice expressed in any User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Libri with respect to User Content. We expressly disclaim any and all liability in connection with User Content.
7.7 When you feel that User Content uploaded, posted or published by other users contains content prohibited in this section, or your legitimate rights and interests are violated, you may file an complaint or report against such content to Libri. (Regarding infringement of intellectual property rights, you may also send us a notice according to Section 12 of the Terms) If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to take measures provided in this section against the User Content, which we reserve the right to do at any time and without sending notice to the provider of the User Contend.