MOBIPOCKET TERMS AND CONDITIONS
These Terms and Conditions are entered into between you and Mobipocket.com, 251 Bld Pereire, 75017 Paris, FRANCE. They rule your purchases on the Mobipocket Site (hereinafter "the Site"). Mobipocket may amend these terms from time to time. You will be subject to the Terms and Conditions in force at the time that you use the website or that you order goods from us. We advise you to refer regularly to the last Terms and Conditions version permanently available at this address: http://www.mobipocket.com/en/buy/termstrade.asp.
Mobipocket reminds you that using the Site implies your full acceptance of the Terms and Conditions.
The price of the articles offered for sale on our Site are in Euros and include all applicable VAT.
Mobipocket is allowed to modify regularly its products and services catalogue, and may suspend or discontinue to make available for sale or for redownload any product or services at any time without notice to you.
3. PAYMENT, SECURITY OF TRADE AND INSURANCE
Mobipocket enforces customer protection by securing your purchases on the Site. MOBIPOCKET DOES NOT STORE YOUR CREDIT CARD INFORMATION.
At the end of the download process, you will be sent a digital invoice. This invoice is the proof of purchase on the Site.
5. TERMS OF PRODUCT OR SERVICE USE / LOADINGS
You acknowledge and you accept that the product or the service bought is exclusively readable on the device corresponding to the PID you registered on the Site at the download moment.
Subject to the following sentence, products and services you purchase may generally remain available in your personal account library ("My Bookshelf") for re-download for a period of time. There are circumstances in which content may not remain available for re-download. For instance, if the publisher who originally made the content available to us for sale did not have, or no longer has, the right to do so, we may be obligated to stop making it available for re-downloading from your library. You can keep your own back-up copy on your computer or other personal storage device, and any copies you already have downloaded on your computer or other device will not be affected.
Because of the nature of the products and services offered on the Site, you will not be entitled to use your withdrawal right concerning:
7. CUSTOMER SERVICE AND PRIVACY
In order to be offered a personalized and effective customer service, you undertake to supply to us true and complete information during your Mobipocket registration.
8. PROPERTY AND RISKS CONVEYANCE
The products and services property conveyance comes off at the precise moment when you completely download the relevant product and service. The risk of loss and damages of the products and services are conveyed to you at your approval of the Mobipocket Terms and Conditions.
9. PROPERTY RIGHTS
Every element you find on the Site in particular the text, the information, the images, the software, the logos and other distinctive signs, etc. may be protected by property rights, in particular copyrights. You promise not to reproduce, copy, sell, resell, rent or exploit etc., in whole or in part, any of these elements in for commercial or any other purpose, unless you have been permitted to do so by the owner.
Every representation or reproduction, total or partial, of the Mobipocket catalogue without a Mobipocket license is strictly forbidden. You are not allowed to reproduce, copy, sell, resell or exploit whole or part of the Mobipocket catalogue for a commercial or any other purpose.
Mobipocket does not provide any express or implicit guarantee, including, without such list being exhaustive, the guarantees regarding the quality and compatibility of the service with a specific use, and non-violation of the service use rules by its users. In particular Mobipocket does not guarantee that the service (i) shall exactly meet your expectations, (ii) shall be uninterrupted, timely, reliable or free of any error, (iii) the results that may be obtained by using the service shall be accurate and reliable, (iv) the quality of all the products, services, information or other material bought or obtained by you on the service shall be up to your expectations, and (v) that any faults in the software used shall be corrected.
Moreover, subject to the regulations in force, Mobipocket may not be held liable for any direct or indirect damage (notably loss of profits, customers, data or other loss of intangible assets even if Mobipocket is informed that such damage is potential) that may arise from (i) the use or on the contrary the impossibility of using the service, (ii) the cost that may arise from the acquisition of substitute goods and services, (iii) following unauthorised access to the service by a user or modification of your transmission or of your databank, (iv) following a declaration or the conduct of a third party on the service, and (v) any other issues concerning the service. NOTHING IN THIS PARAGRAPH AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
11. OTHER PROVISIONS
These Terms and Conditions of the product and the service represent the entire agreement between Mobipocket and you for the use of the service, and replace any previous agreement between you and Mobipocket. As we indicated above, you may also be subject to the additional Terms and Conditions specific to certain services, third party content and third party software which will be provided to you when you access such service, content or software. In the event that any provision of these Terms and Conditions would be quashed by a court, the other provisions shall remain valid and shall continue to apply to the parties. The headings of the articles are provided for guidance only
12. LAW ENFORCABLE/JURISDICTION
CONTRACTS BETWEEN YOU AND MOBIPOCKET SHALL BE GOVERNED BY FRENCH LAW AND ALL DISPUTES SHALL BE EXCLUSIVELY SUBMITTED TO THE FRENCH COURTSĺ JURISDICTION.
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