TERMS OF USE

Last updated: 30 May 2022

Welcome to Ebiblo

Under these Terms of Use (hereafter referred to as "Terms"), you enter into a binding agreement with Ebiblo Pty Ltd (hereafter referred to as "Ebiblo", "we", "us", "our") to use our products and services. Here, we explain the rules that govern our provision of products and services to you as a user. If you have any questions or concerns about this document or anything related to our products and services, please contact us via support@ebiblo.com.

By using our products and services, you implicitly agree to these Terms and agree that they will regulate your relationships and dealings with Ebiblo and in any way you use Ebiblo’s websites and applications. These Terms will always remain in effect while you use our website and applications. In addition to these Terms, your use of Ebiblo is also subject to Privacy Policy. These documents together form the provisions under which you interact with the Ebiblo websites and applications.

If you do not agree to all or part of these Terms, you should not use Ebiblo in any manner. By using Ebiblo, you agree that you are of legal age to enter into a binding agreement with us; or, if you are not of legal age, you agree that your parent(s) or legal guardian(s) have agreed to these terms on your behalf and have granted you permission to use Ebiblo and its products and services.

If you act on behalf of an organisation or a legal entity, you agree that you represent that organisation or legal entity and that you have full authorisation from your organisation or legal entity to agree to these Terms on their behalf and enter into a binding agreement with Ebiblo. By using Ebiblo on behalf of your organisation or legal entity, references to "you" and "your" in this document will refer to that organisation or legal entity.

Changes to these Terms

Ebiblo reserves the right to change, modify or add to these Terms at any time and at its sole discretion. Any time we make such a change, we will publish the changes on this page and let you know of the changes by putting the updated date on top of this page. All changes to these Terms are effective immediately from the date provided on top of this page, and your continued use of Ebiblo will be construed as your acceptance of the new changes to the Terms.

Signing up to Ebiblo

To use Ebiblo products and services, you may be required to sign up and create an account using your email or third-party authentication services. You agree that your information is up-to-date, complete, and functional for the purpose of your registration on Ebiblo. You agree that you will be the sole user who uses your registered account on Ebiblo for your personal or organisational purposes, and you agree that you will not assign your account to a third party or transfer its ownership or any of its benefits to any third party without our prior written and expressed permission.

You agree that you do not select a name for your account on Ebiblo or any other personal information, including a profile image or book cover image, with the intent to impersonate someone else’s name or digital asset on Ebiblo. We reserve the right to refuse the creation of impersonated or fake accounts and cancel such registrations and user memberships on Ebiblo at our own discretion.

Creating Content on Ebiblo

Whatever Content you create on Ebiblo belongs to you. You are the sole owner of your original Content created, uploaded, shared, and stored by you on Ebiblo, and such Content is protected by copyright and any other applicable laws for protecting intellectual property.

This Content (hereafter referred to as "Content") includes written Content and images that are originally created as the main Content, Content subscriber lists, any notes and comments created by you in the form of text, audio, video, or image.

Do not infringe the rights of others!

There are some rules applicable to creating all Content. Your Content should not violate the rights of others, including the rights of Ebiblo users. You are not permitted to copy, modify, display, broadcast, license, distribute, sell, reproduce, republish, translate, upload, and commercialise or exploit the Content and materials of others for any purpose unless you have obtained prior consent from them to use that Content. We reserve the right to remove any Content that we believe is in violation of these Terms at our sole discretion, at any time and for whatever reason, without any notice.

A limited licence to Ebiblo

To publish your Content on Ebiblo and make it accessible to other users on the platform, you grant Ebiblo certain rights and permissions to use your Content:

You give us a licence to operate on your Content, which includes modifying, reproducing, or acting in ways that enable us to modify, optimise, improve, and inform you of features added to Ebiblo. You give us full consent to make any changes we may need to make to your Content to make it publishable on our websites and applications and conform with our technical requirements or the type of media or device we may use to do so. You give us the licence to grant us the rights to make such changes.

For your public Content, you grant us the licence to make your public Content accessible and sharable by other users on Ebiblo. You also grant us the rights and the licence to display and distribute your public Content on our public library (also called home page on mobile) and grant other users the licence to access, read, and make notes on top of your Content in formats allowed by Ebiblo, including text, audio, video, and images, and share their notes attached to your Content with their network inside and outside the Ebiblo platform. You grant users of Ebiblo the licence to do so and grant them the licence to exercise all rights allowed and permitted by the functionality of Ebiblo.

You fully acknowledge and agree that the foregoing licences provided to us and Ebiblo users are royalty-free, irrevocable, permanent, and global. However, by providing these licences, you retain ownership of your Content.

Infringing intellectual property and reporting

Here at Ebiblo, we respect the rights of others' intellectual property, and we reserve the right to remove, block, suspend, or stop materials from publishing that are allegedly infringing, as well as suspend or cancel the accounts of repeat alleged infringers. You agree to follow any copyright and trademark notices, guidelines, or other requirements that we may send you or that are displayed on the Ebiblo platform for you to view and follow.

See our full Copyright Infringement Policy and find out how to report allegedly infringing material. For additional information, see the Copyright Act 1968 (Cth) (Copyright Act) of Australia, which regulates how we handle these reports and act upon them.

Finally, you fully acknowledge and understand that Ebiblo is our own product and these Terms provide you with no right, title, or interest in our brand, trademarks, logos, or other intellectual property of the Ebiblo platform and its products and services.

Acceptable use of the Ebiblo platform

You are entirely liable for all of your activities on the Ebiblo platform. You are not allowed to use Ebiblo for unlawful activities that break the law and/or our policies. These activities include but are not limited to, infringement of other people’s rights to intellectual and non-intellectual properties, child abuse and exploitation of children, pornography, acts of violence and terrorism, hate speech, offensive language against individuals’ personal choices, creating and using fake accounts, spamming, scamming, and spreading fake news and misleading information for the purpose of political, economic, or ideological gains.

Make sure that your use of Ebiblo complies with relevant laws and/or our policies. It is not permissible for you to use Ebiblo if your use is restricted by the law and/or our policies. We cannot and will not be held liable if you use Ebiblo in an illegal manner.

You agree not to publish any Content or use Ebiblo in a way that is fraudulent or threatening to other people, or in any way that is in breach of Ebiblo's Content Guidelines.

You agree that you will not act in a way that compromises the security of your Ebiblo account or the security of anyone else's account who is using the Ebiblo platform. This includes allowing another person except you to log into your Ebiblo account or share your account or password with a third party.

You agree that you won’t breach another user’s security by getting access to the other user’s password, account, or security information; breaking other user’s computer security; cracking any passwords or codes encrypted for the account’s security; creating mailing lists from Ebiblo user accounts and subscribers to your Content; sending bulk emails out of the Ebiblo system; adding auto-responders and spamming others by sending unsolicited emails and messages; and/or interfering with Ebiblo's proper usage and puts an unfair or unreasonable demand on Ebiblo's servers and resources.

You agree not to convert, decompile, repurpose, reverse engineer, or try to get the source code or underlying concepts or information of or belonging to Ebiblo in any way.

You agree that you will not use any manual or automated tools to copy, store, scan, scoop, scrape, crawl, or spider any materials on or from Ebiblo, including pages, data, or parts of Content published on Ebiblo unless otherwise allowed by the Ebiblo system.

Liabilities of users and the third-party

Individual and organisational users are the creators of the Content published on Ebiblo. This Content includes casual talks and live session discussions, original Content, and multimedia notes created on top of the original Content and comments made under the notes. On Ebiblo, users are creators and are solely responsible for creating their Content on Ebiblo. You do so at your own risk when you follow and use this kind of Content, and we are not liable for any damages, loss, inaccuracies, or omissions in relation to the use of the Content published and created by other users on the Ebiblo platform.

You agree that any transactions or interactions you have with individual and organisational creators and service providers found on or through Ebiblo are solely between you and such individual or organisational user, creator, or service provider. You acknowledge and accept that Ebiblo is not responsible or liable for any loss or damage of any kind incurred as a consequence of such dealings or interactions. Ebiblo does not guarantee the identity of anybody who uses Ebiblo and is not responsible for the identity of its users who have access to its goods and services.

You agree that the payments of any kind you make to individual and organisational creators and service providers that you find or go through Ebiblo, as well as any terms and conditions of service or use, warranties, or any representations made in relation to such dealings, are solely between you and the creator and service provider, and Ebiblo has no responsibility or liability whatsoever towards any loss or damage of any kind you may incur in relation to those dealings.

Ebiblo may include links or references to third-party websites or services that are not owned or controlled by us. We have no control over, and therefore, take no responsibility for the Content published by third party websites or platforms outside Ebiblo, their accuracy, or their privacy policies or practises of any kind. You herewith release us from all liabilities that result from your use of any third-party website or service you access through the external links available on the Ebiblo platform.

In the event of any dispute with other users of Ebiblo, you agree to release us, our officers, employees, agents, and successors from any and all claims, demands, and damages of any kind or type, known or unknown, suspected or unsuspected, revealed or undisclosed, arising out of or in any way linked to such disputes and/or Ebiblo.

Our liability is limited

In connection with the Ebiblo platform and its Content, you may have certain rights under Australian Consumer Law, and you may get more information by contacting us. Regardless of anything to the contrary, we disclaim all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity, or loss of reputation) arising out of or in connection with using Ebiblo and its Content to the maximum extent permitted by law (including the Australian Consumer Law).

No warranties

Ebiblo's services and products come with no explicit or implied guarantees, which include any implied warranties of merchantability, suitability for a specific purpose, non-infringement, or that Ebiblo will operate without interruption or error.

As a result, we make no promises or guarantees regarding any Content found in or accessible via Ebiblo, and we will never be held liable for the authenticity, accuracy, copyright compliance, legality, or decency of any material found in our goods or services.

We make no warranties or representations about product or service ideas or recommendations given in the user Content supplied or bought via Ebiblo. Ebiblo's products and services are given "as-is" and without any warranty of any kind.

Content subscriptions on Ebiblo

You are a Creator user (hereafter referred to as "Creator") if you use Ebiblo to publish written Content. You are a Subscriber user (hereafter referred to as "Subscriber") if you have subscribed to a piece of Content. Users may subscribe to Content directly from the Ebiblo homepage's Content profile page or from the Live session page during a live session.

A Creator may make a Content subscription available for free or for a monthly fee. The Creator must decide if they want to provide subscriptions for free or for a monthly fee. Subscribers may alternatively choose a free subscription or agree to pay a fee per month.

Creators set the price for their material and may alter it at any time via their account, but no price adjustments will be made retroactively.

If you are a Subscriber and you are in disagreement with a Creator about pricing and payment issues, you acknowledge that Ebiblo has no responsibility to intervene other than to address any questions about your subscription to the relevant Creator in accordance with the Creator Agreement. Check out the Creator Agreement to discover more about how Ebiblo maintains its interactions with Creators.

Closing your account

We reserve the right to cancel or suspend your access to Ebiblo or cancel or suspend your account for any reason and at our own discretion. We will attempt to provide you with an advanced warning before cancelling your account so that you could recover any important Content you may have uploaded, but we may not do so if it is impossible, unlawful, not in the interest of someone's safety or security, or otherwise damaging to Ebiblo's rights or property or proper management of its resources.

You may also delete your account at any moment on Ebiblo. You may delete your account from your account’s settings page if you want to. When you delete your account, all of the Content linked to it is permanently deleted. This includes your publicly accessible Content, subscription list, notes, and comments.

You acknowledge and accept that it may be impossible to entirely remove your Content from Ebiblo's records or backups and that your Content may be visible elsewhere to the extent that it has been copied or kept by other users. Please see our Privacy Policy for more details on how we handle the information you provide us after you stop using Ebiblo.

You acknowledge and agree that certain requirements in these Terms will continue to apply even if you close your account. Any obligation you have to pay or compensate us, any limitations on our liability, any terms relating to the possession of intellectual property and rights, terms relating to disputes between us, and any other terms that by their nature should survive termination of these Terms will all survive termination.

If you accidentally deleted your account, please email us at tou@ebiblo.com right away. We will do our best to assist, but we cannot guarantee that anything will be recovered or restored.

Your privacy on Ebiblo

We take your privacy very seriously and recognise the importance of safeguarding your personal data. Our Privacy Policy explains how we will gather and use your personal data.

The Children's Online Privacy Protection Act ("COPPA") requires online service providers to acquire parental permission before collecting personally identifiable information from children. We do not collect or solicit personally identifiable information from children under the age of 13. If you are a child under the age of 13, do not try to register for Ebiblo or email us any personal information. If we discover that we have gathered personal information from a child under the age of 13, we will erase such information immediately. Please email us at privacy@ebiblo.com if you feel a child under the age of 13 supplied us with personal information.

Changes to Ebiblo

Ebiblo is always changing, so our features and services may alter. We reserve the right to stop or terminate any aspect of Ebiblo, as well as to add new features, place restrictions on particular functions, or limit access to sections or all of Ebiblo. When we make a substantial change to Ebiblo that affects you, we'll attempt to notify you, but this isn't always practicable or practical.

Changes to these Terms

Because we are always enhancing Ebiblo in terms of its features and services, these Terms may need to change as well. We retain the right to amend these Terms at any moment, but if we do, we may notify you by putting a notice on the app or website, sending you an email, or sending you another means of notification.

If you do not agree with the revised Terms, you have the option to refuse them. In any event, this will result in your inability to use Ebiblo. You agree to all of the changes if you use Ebiblo in any manner after a modification to the Terms becomes effective and notification is given.

Except for modifications made by us as mentioned below, no additional amendment or modification to these Terms will be effective unless both you and we agree in writing and sign them.

Terms of Use violations

Failure to comply with any of these Terms will be considered a violation of these Terms, and your account will be terminated immediately. Ebiblo has the only authority to determine whether you are in breach of any of these Terms' limits.

What happens if we discontinue Ebiblo?

We may, at any time and without notice, discontinue the Ebiblo platform (i.e., its website and mobile application, in whole or in part), or exclude any person from using the platform.

Jurisdiction

The laws of the State of Victoria, Australia, govern these Terms. You irrevocably and unconditionally agree to the exclusive jurisdiction of the Victorian courts and any courts having jurisdiction over appeals from those courts, and you waive any right to object to proceedings brought in the courts of Victoria.

For any questions or notices, please contact us at support@ebiblo.com.

Ebiblo Pty Ltd, ABN 60 155 467 833