Terms of access to electronic books and audio files

Conditions for making electronic books and audio files available (hereinafter referred to as "Conditions")

General Provisions

These Terms and Conditions of MEGABOOKS CZ, spol. s r.o., with registered office at Třebohostická 2283/2, Strašnice, 100 00 Prague 10, ID: 481 17 196, registered in the commercial register maintained by the Municipal Court in Prague, section C, entry 16945 (hereinafter referred to as "Provider "), follow the General Terms and Conditions of the Provider and regulate in more detail the conditions for making available licensed electronic books and audio files protected by copyright through the online store operated by the Provider on the web portal www.megabooks.cz (hereinafter referred to as the "Web Portal") based on contract for the provision of service.

These Terms are intended for users of the service specified in these Terms (hereinafter referred to as the "User"). Only a natural or legal person located in the territory of the Czech Republic at the time of using the service can become a user.

The User is obliged to thoroughly read these Terms and Conditions, as well as other documents of the Provider that relate to the provision of the service, i.e. making electronic books and audio files available (in particular, but not exclusively, the rules, conditions and other relevant information published on the Web portal www.megabooks.cz; collectively hereinafter as "related documents"), to introduce. If the User does not agree with these Terms and/or related documents, he is not authorized to purchase the service from the Provider. By checking the box "I agree with the license terms" when purchasing the service, the User expressly indicates his agreement with these Terms and all other related documents.

These Conditions, as well as the provision of services under these Conditions, are governed by Czech law.

The Provider reserves the right to update, supplement or change these Conditions and other related documents at any time, by publishing the updated, supplemented or changed Conditions on the Web portal www.megabooks.cz. In the event that any provision of these Terms and Conditions becomes invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of these Terms and Conditions. The User's use of the Web Portal after the updated, supplemented or amended Terms and Conditions become effective is deemed to be an expression of consent to these updated, supplemented or amended Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Conditions.

Service

For the purposes of these Terms and Conditions, the service means the paid service of the Provider consisting in making available licensed electronic content, namely electronic books and audio files, in an intangible electronic format, to the User for his personal use and in providing authorization for the non-exclusive use of the author's work, which is part of this licensed electronic content, by the User, in the manner and to the extent set forth in these Terms. The service is provided through the Web Portal.

Providing a service under these Terms means making available specific licensed electronic content, i.e. a specific electronic book or a specific audio file, through the Web Portal and further granting the User permission to use the author's work that is part of that electronic content.

The user agrees to the use of remote communication means when concluding a contract for the provision of a service according to these Terms. The costs incurred by the User when using means of communication at a distance in connection with the conclusion of a contract for the provision of services under these Terms and Conditions (costs of internet connection, costs of telephone calls) are covered by the User himself, and these costs do not differ from the basic rate.

The Provider requires the User to pay a fee for the provision of the service, before it is provided. The amount of the fee is indicated on the Web Portal.

Change and Termination of Service

The Provider reserves the right to change, suspend or terminate the provision of the service without prior notice to the User, and the User undertakes not to raise any claims against the Provider in such a case, and further that any such claims that may arise against the Provider shall be expressly waives.

The provision of the service to the User by the Provider may be canceled by the Provider without prior notice in the event that the User violates any of his obligations arising from these Terms and/or related documents. In such a case, the User is obliged to stop using the service and the Provider is entitled to cancel the User's access to the service, including all previously purchased electronic content of the service, without the right to refund any fee paid.

The User further acknowledges and agrees that the service is provided to him without unnecessary delay after ordering it through the Web Portal and paying the fee for the provision of the service to the Provider, and therefore the User is not entitled to withdraw from the contract for provision of service.

In the event that the User engages in an activity that does not conflict with the current Terms and Conditions, but is considered undesirable by the Provider, the Provider will notify the User of this fact and invite him to immediately stop engaging in this activity. If the User does not stop the unwanted activity immediately after the request, the Provider is entitled to terminate the contract for the provision of services according to these Terms and Conditions without further notice, while the reason for terminating the contract lies with the User.

Termination of the contract for the provision of services according to these Terms results in the cancellation of the user account on the Provider's Web Portal.

Money back warranty

The user agrees to use the service at his own risk. The Provider is not responsible for any damage that the User incurs in connection with the use of the service. The electronic content of the service is provided to the User in its current state as it is. The provider is not authorized to interfere in any way with the electronic content of the service with regard to the license agreement. The provider is not responsible for any errors or deficiencies in the electronic content of the service.

All fees associated with the provision of the service are final and the User is not entitled to their return, unless mandatory legal regulations stipulate otherwise in a specific case. After paying the fee for the provision of the service, a link to download the electronic content of the service from the Provider's web portal will be sent to the e-mail specified by the User. The moment this e-mail is sent to the User, it is considered that the service has been provided to the User in accordance with these Terms. After sending this e-mail, the Provider is obliged to pay the license holder for the electronic content of the service a fee for providing the license, or sublicense, to use such electronic content, and therefore the User is not entitled to withdraw from the contract for the provision of services according to these Terms and Conditions from this moment on, unless mandatory legal regulations stipulate otherwise in a specific case.

The rights and obligations of the Provider and the User regarding rights from defective performance (hereinafter referred to as "Complaints") are governed by the relevant generally binding regulations. The user can send complaints in matters related to the provision of the service electronically to the e-mail address: info@megabooks. cz. The Provider will assess the legitimacy of each Complaint without undue delay, no later than 30 days after its receipt, but this period may be reasonably extended in exceptional cases if the evaluation of the legitimacy of the Complaint requires a longer time. The Provider will inform the User about the extension or rejection of the complaint. Additional rights and obligations related to the Provider's responsibility for defects regarding the provision of the service may be regulated by the Provider's complaints procedure.

The Czech Trade Inspection is responsible for the out-of-court settlement of consumer disputes, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. Online Dispute Resolution Platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

Software and Supported Devices

The service can be provided to the User only on certain devices and only with the use of certain software. The list of supported devices and supported software for accessing, viewing, listening and using the electronic content of the Service is available on the Provider's Web Portal (Frequently Asked Questions - eBooks / Audio) and is regularly updated. The User declares that he/she has familiarized himself with this list before purchasing the service and further agrees that the digitally protected electronic content (DRM) of the service will only be used by the User on the device and with the help of the software listed in this list. The provider does not guarantee the functionality of the service or the electronic content of the service displayed/listened to on devices or using software that are not on this list.

The User is also aware that the digitally protected electronic content (DRM) of the service is only authorized to be used by the User on devices intended for this purpose and after registering and obtaining a free account and user name (Adobe ID) with the administrator of these digitally protected works, which is Adobe Systems Incorporated. Instructions for registering and administering a user account (Adobe ID) can be found on the website of Adobe Systems Incorporated (www.adobe.com). The User acknowledges and agrees that the Provider is not responsible for the activities of Adobe Systems Incorporated and for any changes or cancellation of the system for making available the electronic content of the service, which is digitally protected, through the information system of Adobe Systems Incorporated. Adobe Systems Incorporated may establish additional conditions for making available the electronic content of the Service, which the User will be obliged to comply with. The User hereby waives any claims against the Provider that may arise in connection with the operation, change, or termination of Adobe Systems Incorporated's information system for making the electronic content of the service available. The User acknowledges that the Provider does not guarantee the User any time during which the information system of Adobe Systems Incorporated will be operated to make available the electronic content of the service or supported by manufacturers of equipment or software.

Access to the electronic content of the service

After payment of the relevant fee associated with the provision of the service, the Provider will make the electronic content of the service available to the User in accordance with these Terms. Making such content available means enabling its download via the Internet using supported equipment and software according to the list available on the Provider's web portal (Frequently Asked Questions - eBooks / Audio).

The User is obliged to download the electronic content of the service without undue delay after it has been made available by the Provider, but no later than within 90 days of receiving an e-mail from the Provider containing a link to download this content via the Internet. From the moment of sending an e-mail with a generated link to download the electronic content of the service to the User, to the e-mail specified by him, the service is considered to be provided by the Provider in accordance with these Terms, even if the User does not download the electronic content of the service .

Use of Electronic Content of the Service (License)

By making the electronic content of the service available, the User obtains the right to use the copyright work that is part of the electronic content of the service in accordance with these Terms.

The Provider hereby grants the User, after making the service available in the sense of these Terms and Conditions, a non-exclusive authorization (license, or sub-license) to save the electronic content of the service, which is protected by copyright, to a computer or other electronic device, to copy it to a computer or electronic device, and viewing/listening to the electronic content of the service, which is protected by copyright, exclusively for the User's personal use and non-commercial purposes, to the extent set by these Terms and the restrictions stated therein, for an indefinite period. The user is not authorized to grant a license or sub-license to any third party, nor is he authorized to assign his authorization to a third party under this paragraph.

Remuneration for providing authorization to the User according to this paragraph is already part of the fee for providing the service.

The User's authorization according to this paragraph is geographically limited only to the territory of the Czech Republic.

The user is not authorized to interfere in any way with the author's work, which is part of the electronic content of the service.

Limitations of the service and its use

The electronic content of the service is protected by copyright. The user undertakes not to further distribute, sell, rent, lend, distribute, license, broadcast or in any other way make this content available to third parties. The user is not authorized to remove, bypass or otherwise interfere with the digital protection (DRM) of the electronic content of the service in any way, and undertakes not to lead or assist other persons to do so. The user can reproduce and copy the electronic content of the service to electronic devices, store it in the memory of a computer or other devices in order to familiarize themselves with the content without the possibility of changing the electronic structure or editing the file and further sharing.

The user further undertakes not to use the service for any illegal purpose. The user is aware that by using the license to the electronic content of the service, there is no transfer, assignment or other disposal of the intellectual property of the Provider or its business partner, who has the relevant right to such intellectual property, and that the electronic content of the service is not sold to him, but is granted only consent to the use of such electronic content of the service in accordance with and to the extent of these Terms.

The user is obliged to ensure that no other unauthorized persons have access to copyright works that are part of the electronic content of the service, so that they could reproduce, distribute or use these works in any other way incompatible with the scope of the rights granted under these Condition. Upon receiving information about such unauthorized copyright infringement, the Provider may terminate the service provision agreement in accordance with these Terms and file a criminal complaint for copyright infringement.

The Provider reserves the right to temporarily disable the service at any time due to repair, modernization, modification or maintenance of equipment or software, without prior notice to the User. The Provider is not responsible for damage that the User or a third party suffers in connection with an outage or interruption of the provision of the service. The provider is not responsible for malfunctions or incorrect performance of the service if they are caused by third parties (in particular mobile operators, telecommunications and electricity providers). This also applies to damage caused by computer viruses and other similar software. The Provider is not responsible for the loss of the User's login name and password and for their use by a third party, as well as for any damage caused by such use.

The provider announces that all copyrighted works that are part of the electronic content of the service and that are available on the Web Portal contain a security system against unauthorized use of the works.

Contact

In case of any questions regarding the selection, purchase, access or use of the electronic content of the service according to these Terms and Conditions, the e-mail address of the Provider is available to the User: info@megabooks.cz