Terms of Use and License

ACCESS TO AND USE OF TUMBLEBOOKSTORE.COM, THE TUMBLEPAD 2.0 E-READER APPLICATION, ALL ASSOCIATED APPLICATIONS AND ALL CONTENT THEREON (ALL OF WHICH IS COLLECTIVELY REFERRED TO HEREIN AS “TUMBLEBOOKSTORE”) IS STRICTLY SUBJECT TO THE FOLLOWING TERMS. TUMBLEBOOKSTORE RESERVES THE RIGHT TO REVISE THESE TERMS FROM TIME TO TIME AND TO TERMINATE ACCESS TO THE SITE AND CONTENT IN THE EVENT OF BREACH OF THE TERMS OF USE BY ANY SUBSCRIBER, USER OR OTHER PARTY.

By accessing TUMBLEBOOKSTORE, you acknowledge this notice and agree to these Terms of Use and as may be updated and revised from time to time at www.TUMBLEBOOKStore.com/termsofuse.

Permitted License Uses and Restrictions:

Subject to the terms and conditions of the Terms of Use, you are granted a limited, personal, non-exclusive license to install and use TUMBLEBOOKSTORE. TUMBLEBOOKSTORE may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make TUMBLEBOOKSTORE available over a network where it could be used by multiple computers at the same time. You may make one copy of TUMBLEBOOKSTORE in machine-readable form for backup purposes only. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of TUMBLEBOOKSTORE, or any part thereof. Any attempt to do so is a violation of the rights of TUMBLEBOOKSTORE and its licensors.

ccess to and use of TUMBLEBOOKSTORE:

TUMBLEBOOKSTORE and its Licensors reserve the right to restrict or terminate access at any time to any user for any reason and the sole remedy for shall be the refund to of amounts actually paid by the user to TUMBLEBOOKSTORE.

No Transfer.

You may not rent, lease, lend, redistribute or sublicense TUMBLEBOOKSTORE or any portion thereof.

No Reproduction, Redistribution, or Unauthorized Use:

Any reproduction, redistribution, manipulation or permitting or procuring of unauthorized access to TUMBLEBOOKSTORE other than as permitted by the Terms of Use is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted.

All software, applications, logos, graphics, image, sound, text or other content that is made available through TUMBLEBOOKSTORE is the copyrighted work of TUMBLEBOOKSTORE, its affiliates, licensors, or suppliers. All rights including the rights of TUMBLEBOOKSTORE’S licensors and suppliers are reserved. The use of certain names, titles, characters, phrases, logos, designs, graphics, icons, and trademarks displayed on the Site may contain registered or unregistered trade-marks of TUMBLEBOOKSTORE, its affiliates, licensors or third parties. The display of third party trademarks is under license or with permission and does not imply that a license of any kind has been granted to the user. Unless otherwise specified, downloading, retransmission or other copying, modification or exploitation of any trade mark, copyrighted material or other content constitutes a violation of federal or common law and is prohibited.

Disclaimer and Limitation of Liability:

Access to TUMBLEBOOKSTORE is provided on an "as is" basis and TUMBLEBOOKSTORE makes no representations or warranties, either express or implied, of any kind and disclaims all warranties, express or implied, including, but not limited to, the merchantability and fitness for a particular purpose or the continued availability for use of TUMBLEBOOKSTORE.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TUMBLEBOOKSTORE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TUMBLEBOOKSTORE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TUMBLEBOOKSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall TUMBLEBOOKSTORE'S total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts actually paid by you to TUMBLEBOOKSTORE in respect of use of it. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Termination

The license granted hereunder is effective until terminated. Your rights will terminate automatically without notice from TUMBLEBOOKSTORE if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of TUMBLEBOOKSTORE and destroy all copies, full or partial, of it and any associated content.

Jurisdiction of Ontario

The Terms of Use is governed by the laws of the Province of Ontario, Canada. Each of the parties to this agreement irrevocably atones to the jurisdiction of the courts of Ontario and further agrees that any litigation, arbitration, or other dispute resolution process shall be conducted exclusively in the Judicial District of York, Province of Ontario. You hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and do so voluntarily.

Privacy and Safety Policy:

The Privacy and Safety Policy published by TUMBLEBOOKSTORE from time to time at TUMBLEBOOKStore.com/privacy form part of the Terms of Use.

Any questions regarding the Terms of Use should be directed to info@tumblebooks.com