Terms of Service

Terms of Service

By using the tellingbooks.com, tellingbooks.dk or tellingbooks.de web sites (“Service”), all services of Telling Books ApS (“Telling”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Telling reserves the right to update and change the Terms of Service from time to time without notice. Any new features that add to or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://tellingbooks.com/terms

Violation of any of the terms below will result in the termination of your Account. While Telling prohibits such conduct and Content on the Service, you understand and agree that Telling cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be 18 years or older to use this service.
2. You must be human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Telling cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all content posted and activity that occurs under your account (even when Content is posted by others who access to your account).
6. You may not use the service for any illegal or unauthorized purpose. In the use of the Service you may not violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. A valid credit card is required for pay-per-use accounts when downloading a book. Creating an account does not require a credit card number.
2. If you initially sign up for a paying account you will be charged monthly, starting on the day your account was initially created.
3. Paying accounts are charged in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Pay-per-use accounts are charged when downloading a book and is non-refundable. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
5. If your credit card has been blocked, Telling holds the right to close your account.
6. Downgrading your account level may cause the loss of content, features, or capacity on your account. Telling does not accept any liability for such loss.
7. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. The fee of your current billing cycle will not be returned.
4. Telling, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Telling service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all content in your account. Telling reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Telling reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without a notice.
2. Prices of all Services, including but not limited to monthly subscription fees and transaction fees to the Service, are subject to change upon 30 days notice from Telling. Such notice may be provided at any time by posting the changes to the Telling Books website (http://tellingbooks.com) or the Service itself.
3. Telling is not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with Danish copyright law.
2. Telling claims no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.
3. Telling does not pre-screen content, but Telling has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
4. The look and feel of the Service is © 2013 Telling Books ApS. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Telling.

Personal Data

1. Telling does not transfer any personal details to third parties or collaborating companies for marketing purposes. Telling is the information systems manager and subject to the Danish Act on Processing of Personal Data with regards to data entered by you.
2. You agree and warrant that any gathering and publishing of personal referable data through the Service shall take place in accordance with the Danish law at any time, including the Danish Act on Processing of Personal Data. Telling assumes no liability for your unlawful reproduction, publishing, transferring or processing of personal data.
3. You may contact Telling regarding any necessary details on which data have been registered and are processed about you.
4. Telling uses external IT suppliers necessary to maintain the technical operation and maintenance of the Service. IT suppliers are data processors for Telling, and you accept that IT suppliers also process the data for which the Organization is the information systems manager. IT suppliers act as data processors instructed by Telling, and do not hold any rights to personal data or any other rights to the information you submit or the material you upload.
5. You accept that Telling is using cookies throughout the Service for maintaining and limiting access to administrative functionalities, and, in some cases, Visitor level access. Telling uses cookies for the gathering of anonymous usage statistics. The data and aggregated statistics can be made available for the Organization, and it may be used for optimizing the Service and its functionalities.
6. Your data is stored only until you have the account for using the Service. Once this is terminated, so is all your data including personal information and the Content.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only available via email (info@tellingbooks.com)
3. You understand that Telling uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Telling, or any other Telling service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Telling.
6. Telling may, but have no obligation to, remove content and accounts containing content that Telling determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Telling customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Telling) of other Telling customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Telling does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Telling shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Telling has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Telling to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Telling and govern your use of the Service, superceding any prior agreements between you and Telling (including, but not limited to, any prior versions of the Terms of Service).
15. Questions concerning the Terms of Service should be sent to info@tellingbooks.com