Mobile App Terms of Service


Last updated 5 August 2015


SERIAL BOX PUBLISHING (“Serial Box Publishing", “WE" OR “US") MOBILE APP EULA (iOS)

THE TERMS AND CONDITIONS OF THIS MOBILE APP EULA (THE “TERMS") SET FORTH BELOW GOVERN YOUR USE OF THE SERIAL BOX PUBLISHING MOBILE APPLICATION (THE “APP"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SERIAL BOX PUBLISHING AND GOVERN YOUR ACCESS TO, AND USE OF, THE APP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP OR ANY INFORMATION ON OR RELATED TO THE APP. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SERIAL BOX PUBLISHING MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE APP, AT ANY TIME WITHOUT NOTICE, AND SERIAL BOX PUBLISHING CAN CHANGE THESE TERMS AT ANY TIME. IF SERIAL BOX PUBLISHING CHANGES ANY OF THESE TERMS, SERIAL BOX PUBLISHING WILL POST THE UPDATED TERMS ON THE APP. SERIAL BOX PUBLISHING MAY ALSO SEND REGISTERED USERS THAT HAVE SUBMITTED THEIR EMAIL ADDRESS A NOTICE OF THE CHANGE TO THESE TERMS. YOUR CONTINUED USE OF THE APP AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE APP PERIODICALLY FOR UPDATES AND CHANGES.

YOU MUST BE AGE 13 OR OLDER TO USE THE APP. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN's PERMISSION TO USE THE APP, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THE APP AND YOU HAVE QUESTIONS ABOUT THE APP OR THESE TERMS, PLEASE CONTACT US AT [email protected].

General Use Restrictions

Serial Box Publishing provides digital content and services through the App. Certain information, documents, and services provided on and through the App, including content, logos, graphics, sounds and images (together, the “Materials") are provided to you by Serial Box Publishing and are the copyrighted and/or trademarked work of Serial Box Publishing or Serial Box Publishing's licensors. Materials do not include Submissions (as defined below in the Submissions Section).

Subject to your payment of any applicable fees, Serial Box Publishing grants you a limited, personal, non-exclusive and non-transferable license to (i) use the App on any iOS devices that you own or control as permitted in the Apple, Inc. (“Apple") App Store Terms of Service usage rules and (ii) use the Materials, in each case all solely for your personal use. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the App in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you must cease using the App and agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the App or any of the Materials.

We may offer updates of the App, from time to time, for feature enhancement, security or other purposes. We will not automatically update the App, unless you authorize us to do so. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.

You agree to comply with all export and re-export regulations and restrictions of the U.S. Department of Commerce and other United States agencies and authorities that may apply to the App. If you are a U.S. Government end user, we are licensing the App to you as a “Commercial Item" as that term is defined in the U.S. Code of Federal Regulations and the rights we grant you to the App are the same as the rights we grant to all others under these Terms.You represent and warrant that you are not located in and will not use the App in any country to which export or re-export is prohibited under applicable law (such as a country subject to U.S. Government embargo) or in any country that has been designated by the U.S. Government as a “terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

If you violate these Terms, Serial Box Publishing may terminate and/or suspend your access to the App and/or use of the Materials, Third Party Content (as defined below) without notice. Serial Box Publishing prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Serial Box Publishing, may result in immediate termination of your access to the App. Serial Box Publishing has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Serial Box Publishing's failure to enforce any of these Terms is not a waiver of such term.

Password Restricted Areas

You need a password to synch purchased ebooks between your devices so that you can view the ebooks on different devices. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify Serial Box Publishing if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account, and Serial Box Publishing is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify Serial Box Publishing of any unauthorized use of your account or any other breach of security in relation to the App known to you. Serial Box Publishing provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page.

You may not sell, transfer, give, or otherwise surrender your account or account password to another party. You agree that you will not use other users' contact information gathered from the App for commercial purposes and agree not to provide any other user's contact information to any third party.

Disclaimer of Warranties

Your use of the App is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Serial Box Publishing, and they may include inaccuracies, typographical, or other errors. Serial Box Publishing does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on the App. Serial Box Publishing has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Serial Box Publishing, our users, or our licensors.

NEITHER SERIAL BOX PUBLISHING OR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE APP, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APP IS PROVIDED TO YOU ON AN “AS IS," “AS AVAILABLE" AND “WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER SERIAL BOX PUBLISHING NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. SERIAL BOX PUBLISHING DOES NOT GUARANTEE THE CONFIDENTIALITY OF YOUR SUBMISSIONS.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SERIAL BOX PUBLISHING NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THE APP. IN NO EVENT SHALL SERIAL BOX PUBLISHING OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SERIAL BOX PUBLISHING OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

Privacy Policy

Your use of the App is governed by the Serial Box Publishing Privacy Policy, which is available at www.serialbox.com/privacy.

Third Party Content

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to Serial Box Publishing (“Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold Serial Box Publishing and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.

Submissions

You acknowledge that you are responsible for any comments, postings and other material that you submit, upload or otherwise make available on the App, including without limitation, as a comment to any of our blogs (each a “Submission"). You further acknowledge that you, and not Serial Box Publishing, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.

Unless otherwise explicitly stated herein or in the Serial Box Publishing Privacy Policy, you agree that any Submission provided by you in connection with the App is provided on a non-proprietary and non-confidential basis. Except as expressly set forth below, you grant Serial Box Publishing a nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) to your Submissions to make copies of your Submissions.

Additionally, Serial Box Publishing agrees that the use all of your Submissions will be in accordance with Serial Box Publishing's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY WORK OF AUTHORSHIP OR INFORMATION YOU CREATE AND SUBMIT TO Serial Box Publishing, SUCH AS YOUR SUBMISSIONS, but excluding the App or technology used to provide the App. You further agree that you will not upload to the App or include in any Submission any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions uploaded by you on or through the App, or that you otherwise have the right to grant the licenses to Serial Box Publishing set forth in this section, and (ii) your Submissions do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay and indemnify Serial Box Publishing for all royalties, fees, damages and any other monies owing any person by reason of any Submissions uploaded by you to or through the App.

Etiquette

Serial Box Publishing asks that you respect the Serial Box Publishing online community as well as other individuals participating within the Serial Box Publishing online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when uploading Submissions to or otherwise using the App, you agree not to, without limitation:

  • Upload anything that exploits children or minors or participate in a group that exploits children or minors.
  • Upload any content that is mature, adult in nature or inappropriate for a general audience.
  • Use explicit/obscene language or solicit/upload sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Upload any copyrighted or trademarked materials without the express permission from the owner.
  • Impersonate or represent Serial Box Publishing, our staff or other industry professionals.
  • Solicit a user's password or other account information.
  • Harvest user names, addresses, homepage URL's or email addresses for any purpose other than your personal use in your interactions on the App.
  • Upload information that makes available or includes another individual's personally identifiable information (for example, their real name, e-mail address, address, employer or school).
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Discuss or incite illegal activity.
  • Upload anything that depicts cruelty to animals.
  • Alter or interfere with Serial Box Publishing's App or operations by employment of third party scripts, code, bots, etc.
  • Remove, hide, or obscure access to Serial Box Publishing tools used to report a user or their behavior.

This list of prohibitions provides examples and is not complete or exclusive. Serial Box Publishing reserves the right to (a) terminate your access to your account, your ability to upload to the App and (b) refuse, delete or remove any Submissions o; for any action that Serial Box Publishing determines is inappropriate or disruptive to the App or to any other user of the App with or without cause and with or without notice, for any reason or no reason. Serial Box Publishing may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Serial Box Publishing's discretion, Serial Box Publishing will cooperate with law enforcement or appropriate government agencies in any investigation. You hereby acknowledge and agree that in using the App, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND Serial Box Publishing WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to and use of the App is undertaken at your own risk and Serial Box Publishing is not responsible for any offensive, harmful or otherwise objectionable materials that may be included on the App by any third party

These prohibitions do not require Serial Box Publishing to monitor, police, or remove any Submissions or other information submitted by you or any other user, and Serial Box Publishing disclaims any obligation or responsibility to do so.

You understand that your interactions and dealings with other users of the App are solely between you and such other user. Serial Box Publishing is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Serial Box Publishing has no obligation to become involved in any resulting dispute.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold Serial Box Publishing and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Serial Box Publishing or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Electronic Communications

Payment and Electronic Communications

When you purchase an episode or series, you are expressly agreeing that Serial Box Publishing is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Serial Box Publishing in connection with such episode or series and that the fees will be billed to the credit card or account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card account for any reason in advance, Serial Box Publishing reserves the right to either suspend or terminate your access to the episode or series and terminate these Terms. All fees are non-refundable.

By using the App, you consent to receiving electronic communications from Serial Box Publishing. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our App. These electronic communications are part of your relationship with Serial Box Publishing and you receive them as part of your purchase of an episode or series. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Proprietary Rights

Serial Box Publishing is a trademark of Serial Box Publishing in the United States. Other trademarks, names and logos on the App are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the App, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Serial Box Publishing, Copyright 2015 Serial Box Publishing All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. Serial Box Publishing, and not Apple, will be responsible for any investigation, defense, settlement and discharge of any intellectual property infringement claim based on the App.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials through Serial Box Publishing's reporting system set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Notification: Serial Box Publishing respects the intellectual property rights of others, and we require you to do the same when interfacing with the App.

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold Serial Box Publishing and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Serial Box Publishing or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Serial Box Publishing may, in appropriate circumstances and at our discretion, terminate service and/or access to the App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our App, please provide Serial Box Publishing's designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the App, and information reasonably sufficient to permit Serial Box Publishing to locate the material.
  • Information sufficient to permit Serial Box Publishing to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Serial Box Publishing's agent for notice of claims of copyright or trademark infringement on the App can be reached as follows:

By mail:
Serial Box Publishing
Attn: DMCA Administrator
175 Varick St. 4th Floor

New York, NY 10013

By e-mail:
[email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Third Party Terms

When using the App, you must comply with any applicable third party terms (e.g. your wireless data plan).

General

Serial Box Publishing controls and operates the App from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the App outside the United States of America, you are responsible for following applicable local laws.

These Terms are the entire agreement between you and Serial Box Publishing and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Serial Box Publishing about the App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms will be governed and interpreted pursuant to the laws of the State of New York, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of New York in connection with any dispute between you and Serial Box Publishing arising out of these Terms or pertaining to the subject matter hereof.

You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in New York. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms, these Terms will govern, unless expressly agreed in writing otherwise by an executive officer of Serial Box Publishing (i.e., regular employees cannot bind Serial Box Publishing).

Serial Box Publishing and not Apple is responsible for any claims relating to the App. You acknowledge and agree that Apple and Apple's subsidiaries, are third party beneficiaries of these Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

If you have any questions, complaints or claims with respect to the App, please contact us at:

Serial Box Publishing

175 Varick St. 4th Floor

New York, NY 10013

Or

[email protected]