eBook Collections TC and PP
Pelican Ventures LLC Ebook Collections End User Terms & Conditions
These End User Terms set out the terms and conditions upon which you are permitted to use and access our Ebook Collections Service via the Pelican Ventures Book Group website (or such other URL as may be nominated from time to time) (the “Platform”).
Please read these End User Terms carefully before using the Platform and the Ebook Collections Service. By visiting or using the Platform, the Ebook Collections Service and/or any content or materials available on the Platform you signify that you have read, understand and agree to be bound by these End User Terms. If you do not agree to the End User Terms, do not use the Platform or the Ebook Collections Service.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these End User Terms at any time. Your continued use of the Platform and the Ebook Collections Service will be subject to the most current version of the End User Terms posted on the Platform at the time of such use. We recommend that you read through the End User Terms available on the Platform from time to time so that you can be sure that you are aware of and agree to the latest version. If you do not agree, please cease using the Platform and the Ebook Collections Service.
From time to time we may supplement these End User Terms with additional terms relevant to specific content and features. These additional terms may be placed on the Platform to be viewed in connection with the specific content and features and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these End User Terms and govern your use of the Platform and the Ebook Collections Service.
1.1 This Platform is brought to you by Pelican Ventures, LLC (“we”, “us”, “our”) and our registered address is located at PO Box 1738 Aztec NM 87410. If you would like to contact us or complain about anything contained on the Platform and/or Ebook Collections Service, please contact us using the following details:
Postal Address: PO Box 1738,
Aztec NM 87410
1.2 This Platform is provided to us by Pelican Ventures LLC (the “Publisher”) and the Platform is operated on the Publisher’s behalf by Ebooks Corporation Limited (the “Platform Operator”).
2.1 The Platform comprises of: (a) public facing sections which are accessible to all library platform users where users can access and read certain Ebooks, services, content, materials and information from the Platform (collectively the “Content”); and (b) sections which are only accessible to library platform users who have registered to have an account with us (“User Account”) which entitles such registered users to access and read Content as well as make notes, annotate and copy and paste such sections of the Content as may be permitted by us from time to time.
2.2 To access the public-facing sections of the Platform, you can access the Content by clicking on the relevant Content and then clicking to download the Content or start reading online immediately.
2.3 To set up a User Account, you need to register to be an account holder by following the registration process set out on the Platform.
3. Registering for a User Account
3.1 Registration for and access to a User Account is free of charge (although you may be charged if you choose to purchase items or enter into other transactions via the Platform).
3.2 You must be at least 18 years old to register for a User Account and by registering you are confirming that you are at least 18 years old. Your access and subscription to the User Account may be terminated without warning if we have any reason to believe that you are under 18 years of age. By registering for a User Account, you represent and warrant that (a) all registration information you submit is truthful, lawful and accurate; and (b) you will maintain the accuracy of such information by letting us know if your details change.
3.3 As part of the registration process you will need to submit an email address and password, both of which you will be required to submit each time you use your User Account. It is your responsibility to keep your password safe and secret. You may not share your password with any third party or allow any other third party to access your User Account by using your password. We will be entitled to assume that any person accessing your User Account using your email address and password is you and you will be responsible and liable for any actions of any person logging into your User Account using your email address and password (including without limitation, accessing and downloading any content or other information). Therefore, you should notify us immediately by contacting us using our posted contact information if you suspect that anyone else knows your email address and/or password and has used it.
3.4 We may at any time and for any reason refuse to accept a registration application from any person.
4. Accessing Content
4.1 To access Content you will need to follow the procedure set out on the relevant section of the Ebook Collections Service. If for any reason we are unable to supply any Content that you wish to access, we will endeavour to inform you as soon as possible.
4.2 Delivery of the Content will be deemed to have taken place at the time when the Content is: (a) made available to you to download; or (b) made available to you to read online; or (c) the Content is dispatched by us to you at the postal address that you have provided to us; whichever occurs earliest. We will use reasonable endeavors to deliver the Content to you as soon as possible but no specific delivery day or time is guaranteed.
5. Using Content accessed via the Ebook Collections Service
5.1 If you access certain Content, we hereby grant you a royalty-free, non-exclusive, non-transferable, non-sub-licensable license to view, use and print one copy of such Content solely for the purposes of reading and if applicable, citing such Content subject to and in accordance with these End User Terms and provided that you acknowledge the source, origin and author of all citations.
5.2 You agree that you will not:
(a) use any Content (or any part thereof) for any commercial purpose or otherwise use any Content other than in accordance with these End User Terms;
(b) subject to clause 5.1, incorporate the Content (in whole or in part) in any other work, edit or make any adaptations and translations of the Content (or any part thereof);
(c) subject to clause 5.1, make any copies or reproduce such Content (or any part thereof);
(d) issue copies of the Content (or any part thereof) or otherwise communicate the Content (or any part thereof) to the public;
(e) perform, show, read aloud or play the Content (or any part thereof) in public;
(f) rent, lend, distribute, publish, sub-license, assign, sell or otherwise transfer the Content (or any part thereof) to any third person; and
(g) remove or modify any copyright or other proprietary notices contained in the Content.
5.3 Without prejudice to the foregoing, if the Content is delivered electronically to you, you are not permitted to email or provide a copy of any Content to any third party and it is your responsibility to ensure that any Content accessed by you is kept securely at all times. Neither Publisher nor Platform Operator will be responsible for any loss by you of any Content and shall not be liable to replace that Content for you, and in each case, including without limitation, any notes made by you in your User Account and any Content that has been marked up, annotated and stored by you in your User Account.
5.4 The delivery of any Content to you does not grant you any usage rights other than those expressly set out in clause 5.1 including, without limitation, commercial or promotional usage rights in the Content or any other rights (including, without limitation, Intellectual Property Rights) all of which are hereby expressly reserved by us.
5.5 You hereby warrant and represent that you will not provide or share your username and password with, or allow access to the Ebook Collections Service to, any third party including, without limitation, any third party who:
(a) is or would reasonably be expected to be a competitor of us, the Publisher and/or the Platform Operator; or
(b) you have actual knowledge or reasonably suspect that such person is involved in the creation of such a competing platform; or
(c) is charged with, or is likely to be charged with, responsibility for designing or developing an application whose function and business purpose are substantially similar to those of the Platform and/or Ebook Collections Service.
6. Using the Platform
6.1 Without limiting any of the other provisions of these End User Terms, you agree that when using the Platform, you will not:
(a) use the Platform in any improper or unlawful manner or in breach of any legislation or license that applies to you;
(b) use the Platform for any commercial purposes;
(c) intimidate or harass others or disclose personal information about others that could amount to harassment or intimidation;
(d) upload, post, publish, display, transmit, share or otherwise make available any materials or files that contain software, content or material of any nature which contain Intellectual Property Rights (as defined below) of any third party or which are protected by rights of privacy or publicity of any third party, without having received all necessary consents;
(e) upload, post, publish, display, transmit, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Platform or any computer software or hardware or telecommunications equipment;
(f) create multiple logins in respect of User Accounts;
(g) use or attempt to use another’s account, service or system without their authorisation, or create a false identity on the Platform or impersonate others;
(h) post content which promotes a product or service;
(i) promote any activity that is illegal; or
(j) use software to harvest information from the Platform.
7. Suspension or Termination
We, the Publisher and the Platform Operator expressly reserve the right at any time, for any reason whatsoever and in our sole discretion to change, suspend, remove, limit or prevent access to the Platform, the Ebook Collections Service and/or any Content without notice.
8. Warranties and Disclaimers
8.1 We will exercise all reasonable skill and care in providing the Ebook Collections Service and the Content. However, neither we, the Publisher nor the Platform Operator warrant the accuracy, completeness, currency or reliability of the Ebook Collections Service or any Content accessed by you and/or made available to you via the Ebook Collections Service. The Content may be out of date, and neither we, the Publisher nor the Platform Operator make any commitment to update such material.
8.2 Except as set out in clause 8.1, the Content and the Ebook Collections Service are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). Neither we, the Publisher nor the Platform Operator warrant or make any representations that the Content or the Ebook Collections Service will meet your requirements or that your use of the Content or the Ebook Collections Service will not infringe the rights of any third party nor do we, the Publisher or the Platform Operator make any warranty or representations regarding the use or the results of the use of the Ebook Collections Service or any Content in terms of its completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
8.3 Neither we, the Publisher nor the Platform Operator warrant that the Content, the Ebook Collections Service or any function thereof, will be uninterrupted or error-free, that defects will be corrected, or that the Ebook Collections Service or the server that makes it available are free of viruses or other harmful components. Neither we, the Publisher nor the Platform Operator will be held responsible for the security of the Ebook Collections Service or for any disruption of the Ebook Collections Service however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system, or loss of or corruption of any notes made by you in your User Account or any Content that has been marked up, annotated and stored by you in your User Account.
8.4 While we, the Publisher and the Platform Operator endeavour to ensure that the Ebook Collections Service is normally available 24 hours a day, neither we, the Publisher nor the Platform Operator shall be liable if for any reason the Ebook Collections Service is unavailable at any time or for any period. Without limiting the generality of the foregoing, access to the Ebook Collections Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
9. Links to and from other websites
9.1 This Platform may contain links to websites and microsites operated by third parties that are not under our, the Publisher’s or the Platform Operator’s control and are provided to you for your convenience only. Neither we, the Publisher nor the Platform Operator make any warranties or representations whatsoever about any such site which you may access through this Platform or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us, the Publisher or the Platform Operator and you agree that neither we, the Publisher nor the Platform Operator shall be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
9.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us, the Publisher or the Platform Operator. You hereby agree that neither we, the Publisher nor the Platform Operator are liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us, the Publisher and/or the Platform Operator with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
9.3 From time to time third parties may link to the Platform without our express consent or knowledge. Neither we, the Publisher nor the Platform Operator are responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate, please let us know.
10.1 Nothing in these End User Terms shall be construed as an attempt to limit or exclude any liability in respect of:
(a) death or personal injury caused by negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by or on behalf of us to you; or
(c) any other liability which cannot be so limited or excluded at law.
10.2 Subject to clause 10.1, you agree that neither we, the Publisher nor the Platform Operator shall be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss of opportunity or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with the Ebook Collections Service including without limitation (i) any use of the Ebook Collections Service, the Platform or the Content; (ii) any failure or delay in the use of any component of the Ebook Collections Service, the Platform, the Content, your User Account or any service including, without limitation, any unavailability of the Ebook Collections Service, the Platform, your User Account or the Content irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Ebook Collections Service, the Platform, the Content or any information, material, software, products, services and related graphics obtained via the Ebook Collections Service; in all cases even if we, the Publisher and/or the Platform Operator have been forewarned of the possibility of such loss or damage.
10.3 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, keep indemnified, defend and hold us, the Publisher and the Platform Operator and each of our respective parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any your use of the Platform, Ebook Collections Service, your User Account and/or the Content or any other services provided through the Platform, your conduct in connection with the Platform, the Ebook Collections Service or services provided or with other users of the Platform, any purchases, transactions, dealings or arrangements with any third party made via the Platform or any violation of these End User Terms or of any law or the rights of any third party.
12. Intellectual property
12.1 For the purposes of these End User Terms, “Intellectual Property Rights” means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
12.2 Any and all Intellectual Property Rights in and relating to the Platform, the Ebook Collections Service and Content are either owned by or licensed to us.
13. Transfer of rights and obligations
13.1 These End User Terms are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these End User Terms, without our prior written consent.
13.2 We may at any time transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these End User Terms.
14. Third Party Rights
Save in respect of the Platform Operator, the Publisher and any other third parties set out in clause 11 above, the parties agree that the provisions of these End User Terms are personal to you and us and are not intended to confer any rights of enforcement on any other third party and that the Contracts (Rights of Third Parties) Act 1999 shall not apply to these End User Terms or to any of its provisions.
15. Data Protection
16. Force Majeure
Neither we, the Publisher nor the Platform Operator shall be liable for any failure to perform, or any delay in performing, (or for the consequences of any such failure or delay) any of our obligations under these End User Terms if such failure or delay is due to any cause whatsoever beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government, acts or omissions of third party suppliers and service providers) (“Force Majeure”), and we shall be entitled to a reasonable extension of the time for performing such obligations.
17. No Waiver
Any failure or delay by us to enforce any of our rights under these End User Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
If any clause or part of a clause of these End User Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these End User Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these End User Terms.
19. Entire Agreement
20. Governing Law and Jurisdiction
These End User Terms are governed by the laws of the State of New Mexico, USA, San Juan County, and the parties agree to submit to the exclusive jurisdiction of the San Juan County, New Mexico USA Courts.
For the purpose of the Data Protection Act 1998 (the “Act”), in respect of any personal data that you submit to us, the data controller is Pelican Ventures LLC, which is a company incorporated in New Mexico, USA. [Please note that we are not the data controller for personal data that you submit and that is collected via third party websites linked to our Platform.]
PO Box 1738
Aztec NM 87410
2. INFORMATION THAT WE COLLECT FROM YOU
2.1 We may collect information that you provide to us by filling in forms whether offline or online via the Platform, including information provided at the time of registering to use our Platform, requesting new collections, subscribing for a particular service or product, contacting us and/or requesting and/or using further services that we may provide from time to time.
2.2 We may collect information in relation to transactions that you carry out through the Platform, for the fulfilment and delivery of collections and other content that you may request from us, and for the fulfilment and delivery of other orders for goods and/or services that you may subscribe to from time to time via the Platform. We will collect information such as the name, postal address and email address of the library or institution, the names and email addresses of any contact persons/administrators, and other contact details that may be required.
2.3 We will collect information contained in any correspondence between you and us. For example, if you contact us, we may keep a record of that correspondence. We may also ask you for information when you report a problem with the Platform or with anything contained on the Platform.
2.4 We and/or the Platform operator may collect generic information about your and other users’ visits to the Platform and how you and other users use our Platform. We and/or the Platform operator may therefore collect information such as your IP addresses, geographical location, browser type, referral source, length of visit and number of page views. Individual users will not be identifiable from this information and we and/or the Platform operator may use this information for a number of purposes including website administration, optimising the use of the Platform, for security purposes, disclosing to third party contributors and/or disclosing to third parties in the industry (for example, for the purposes of assisting the industry in making estimations relating to the Ebook market). In particular, we and/or the Platform operator may use an analytics service provider for website traffic analysis and reporting and to track information such as which browser, screen resolution and IP address you are using to access our website, in addition to tracking your movements around the Platform.
2.5 We and/or the Platform operator may also collect aggregated information about how Ebooks are being read and what collections you purchase. This will constitute aggregated statistical data including, for example, any collections you purchase and other habits in relation to the collections but you will not be personally identifiable from this information.
3. USE OF YOUR INFORMATION
3.1 We and/or the Platform operator may use your information for the following purposes:
(a) to ensure that content from the Platform is presented in the most effective manner for you and for your computer;
(b) to administer your account and enable us to provide you with access to all parts of the Platform and to enable you to access and use collections via the Platform;
(c) to provide customer service and support in relation to your use of the Platform, to contact you, to deal with enquiries and complaints relating to the use of the Platform and to notify you about changes to our services;
(d) to develop, improve and personalise the Platform so as to improve your user browsing experience;
(e) to allow you to participate in interactive features of the Platform, when you choose to do so;
(f) for market research purposes;
(g) to internally monitor users’ use of the Platform to enable us to analyse audience make-up, track requests and purchases of collections and review other Platform behaviour in order to determine what other products and services you may be interested in and in order to assist us improve our business generally; and
(h) provide third parties with statistical information about users but this information will not be able to be used to identify any individual user.
3.2 In addition to clause 3.1, we may also use your information for the following purposes:
(a) to provide you with marketing communications by post, phone and/or email about our products, services, events, special discounts and offers, which you have requested to be sent or which we feel may interest you, where: (i) you have consented to be contacted for such purposes; or (ii) if we are marketing our own similar goods and/or services, we are permitted to market to you at law.
(b) to provide you with marketing communications by post, phone and/or email about our other group companies’ and/or carefully selected third parties’ products, services, events, special discounts and offers, which you have requested to be sent or which may be of interest to you, where you have consented to be contacted for such purposes; and
(c) to send you general (non-marketing) commercial communications, such as email notifications and/or newsletters and/or information about the Platform and services provided to you by us at that time.
4. DISCLOSURE OF YOUR INFORMATION
4.2 We may disclose your personal information to:
(a) any third party (including, without limitation, the Platform operator) to whom disclosure is necessary to enable us to provide you with any services or products to which you have subscribed or requested via the Platform (including without limitation for the purposes of handling and processing your requests, designing, maintaining and administering the Platform);
(b) third parties (including, the Platform operator) to enable such third party to use, analyze, report on and share statistical and generic information that has been collected about our users but this information will not be able to be used to identify any individual user;
(c) our other group companies and/or carefully selected third parties so that they can provide you with, marketing communications by post, phone and/or email about their own products, services, events, special discounts and offers, which you have requested to be sent or which may be of interest to you, where you have consented to be contacted for such purposes;
(d) any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, for purposes other than marketing to you;
(f) any purchaser (or prospective purchaser) of the shares, business or assets of Pelican Ventures LLC, or any purchaser of the Platform.
5.2 Therefore, the Platform operator may send a cookie which may be stored by your browser on your computer’s hard drive. The Platform operator may use the information obtained from the cookie in the administration of the Platform, to improve the Platform’s usability and for marketing purposes. The Platform operator may also use that information to recognise your computer when you return to the Platform, to monitor website traffic and to personalise the Platform for you.
5.3 If you do not wish the Platform operator to install cookies on your computer for these purposes, you may change the settings on your Internet browser to reject cookies. For more information, please consult the “Help” section of your browser. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of our Platform.
5.4 As mentioned above, we and/or the Platform operator may use an analytics service provider for website traffic analysis and reporting. Analytics service providers generate statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to the Platform may be used to create reports about the use of the Platform and the analytics service provider will store this information.
6. THIRD PARTY CONTENT, SITES AND CONTRIBUTORS
6.1 The Platform may contain content and links to websites and microsites that are operated by third parties. In addition, advertisements contained on our Platform may operate as links to that advertiser’s websites, and advertisers and third parties may also use and place cookies on your computer.
6.3 If you have any queries or complaints in relation to such third party sites, content, advertisements and/or links which feature or can be accessed via our Platform, please Contact Us. We will try our best to assist with your queries and complaints although please note that we may not be the data controller in respect of the data that you submitted or is collected via such third party sites therefore we may not be able to do anything.
7. SECURITY AND DATA RETENTION
7.1 We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires or permits.
7.2 We will store all the personal information you provide, including your login and user details (where applicable), on the Platform operator’s secure servers.
7.3 Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.4 You are responsible for keeping any passwords, login details and user details confidential.
8. INTERNATIONAL DATA TRANSFERS
8.1 The Platform is hosted and operated by a third party Platform operator which is based in Australia and whose servers are situated in the US, however we collect data from wherever users are situated. The information that we collect may therefore be collected in the US and/or transferred between the US, Australia and any other country in which you may be located, and may be subject to other countries’ data protection laws rather than the laws of the country in which you are resident.
9. YOUR RIGHTS
9.1 You are entitled to know what personal data we hold about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us using the information provided above. We are entitled by law to require you to provide us with appropriate identification and to charge a fee (currently £10) towards our costs in providing you with details of the information we hold about you.
9.2 You may request us to cease sending you any marketing information at any time by notifying us in writing or following any “unsubscribe” instructions included in any marketing sent to you. You may request us to cease processing your data at any time but if you withdraw your consent to certain types of processing described above we may be unable to continue to provide you with the Ebook Collections Service and/or you may be unable to use parts of the Platform.
9.3 If you have received unwanted, unsolicited emails sent via this Platform or purporting to be sent via this Platform, please forward a copy of that email with your comments to [ ] for review.
10. UPDATING INFORMATION
Please let us know if the personal information which we hold about you needs to be corrected or updated at any time.