Terms of Use
Introduction
Thank you for using the Eboo platform and the services, products, and features we provide (collectively, the "Service").
Our Service
The Service allows you to find, listen to, and share audio and other content through the Eboo app and online, as well as providing a platform for people to connect, inform, and inspire others around the world. It also serves as a distribution platform for original content creators and advertisers of all sizes.
The Service Provider
The entity providing the Service is Livres Eboo Books Inc., a company operating under the laws of Canada (referred to as “Eboo”, “we”, “us”, or “our”).
Applicable Terms
By using the Service, you agree to be governed by these Terms and Conditions of Use and accept responsibility for complying with all applicable local laws. You are not permitted to visit this site or use the Service if you disagree with any of these terms. Copyright and trade mark laws protect the materials in the Service and on this Website. These terms may be changed in the future, and they constitute your "Agreement" with us.
Please read this Agreement thoroughly to ensure that you understand it. You may not use the Service if you do not understand the Agreement or do not accept any portion of it.
Who may use the Service?
Age Requirement
You must be at least 13 years old to use the Service; however, if allowed by a parent or legal guardian, children of all ages may use the Service.
Permission from a Legal Guardian or Parent
If you are under the age of 18, you agree that you have the approval of your parent or legal guardian to use the Service. They must read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, you are subject to the terms of this Agreement and liable for your child's activity on the Service by permitting your kid to use the Service.
Businesses
If you are using the Service on behalf of a corporation or organisation, you indicate that you have the power to act on their behalf and that they have agreed to this Agreement.
Your Utilization of the Service
The Service's Content
Audio (for example, music and other sounds), graphics, photos, text (for example, titles, descriptions and bios), branding (for example, trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content") are all examples of content on the Service.
Eboo Account
Keep your password private to secure your Eboo account. Third-party applications should not use your Eboo account password.
Your Personal Data
Our Privacy Policy outlines how we handle and protect your personal data when you use the Service.
Restrictions and Permissions
You may use the Service as provided to you as long as you follow the terms of this Agreement and applicable law. You may listen or view Content for non-commercial purposes only. The restrictions listed below apply to your use of the Service. It is not permitted for you to:
access, reproduce, sell, licence, alter,download, distribute, transmit, broadcast, display, modify, or otherwise use any part of the Service or any Content except:
as expressly authorised by the Service; or
with prior written permission from Eboo and, if applicable, the respective rights holders;
fraudulently engage with, circumvent, disable, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that:
prohibit or limit the copying or other use of Content;
restrict or limit the use of the Service or Content;
use any automated means (such as robots, botnets, or scrapers) to access the Service, save
in the case of public search engines; or
with Eboo's prior written authorization;
gather or harvest any information that could be used to identify a person (for example, usernames or faces), unless that person has given permission or clause (3) above allows it;
use the Service to send unwanted or bulk solicitations, such as promotional or commercial content;
cause or encourage erroneous measurements of actual user interaction with the Service, such as by paying or incentivizing people to boost content views, likes, or flags, or to increase a user's followers, or otherwise manipulating metrics in any way;
misuse any reporting, flagging, complaint, dispute, or appeals process, including making frivolous or vexatious contributions;
run contests on or using the Service;
use the Service to view or listen to Content for purposes other than personal, non-commercial use (for example, you may not publicly stream music, audio or other content from the Service); or
use the Service to:
sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than affiliate links for books placed in the optional affiliate link section of your uploaded content and which accurately matches to the content described in the title, author, or description; or
sell advertisements, sponsorships, or promotions on any page of any website or application that contains exclusively Content from the Service or if Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Eboo Content is the main draw for users visiting the webpage).
Reservation
Using the Service does not grant you ownership or rights to any part of it, including user names or other content provided by users or Eboo.
Develop, enhance, and modernise the service
Eboo is always evolving and improving the Service. We may make adjustments or changes (to all or part of the Service) as part of this ongoing evolution, such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones.
We may also need to change or stop providing the Service, or any portion of it, in order to improve performance or security, comply with the law, or prevent illegal activities on or abuse of our systems. These modifications could effect all users, some users, or even a single person. If the Service requires or includes downloading software (such as the Eboo mobile application), such software may automatically update on your device once a new version or feature is available, depending on your device settings. Except in urgent cases such as preventing abuse, responding to regulatory requirements, or addressing security and operability issues, we will give you with sufficient advance notice if we make major changes that negatively impact your use of the Service.
Your Conduct and Content
Uploading Content
You may be able to upload Content to the Service if you have an Eboo account. You are free to utilise your Content to advertise your company or artistic endeavour. If you choose to upload Content, you must not upload any that is in violation of this Agreement or the law. Eboo retains the right to restrict any content on the Service. The Content you submit to the Service is your legal responsibility.
Granting Rights
Your Content you upload remains your sole property. However, as mentioned below, you must allow Eboo and other users of the Service certain permissions.
License to Eboo
By submitting Content to the Service, you grant Eboo a non-exclusive, royalty-free, sublicensable, and transferable licence to use that Content in connection with the Service and Eboo's (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
License Duration
After you remove or delete your Content from the Service, the licences you provided will continue for a commercially reasonable period of time.
You understand and agree, however, that Eboo may keep server copies of your uploaded Content that has been removed or deleted, but not display, distribute, or perform them.
Right to monetize
You give Eboo permission to monetise your Content using the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). You are not entitled to receive payments under this agreement.
Taking Down Your Content
At any time, you may delete your Content from the Service. You can also make a backup copy of your Content before deleting it. If you no longer have the rights necessary by these terms, you must remove your Content.
Removal of Content by Eboo
We reserve the right to remove or take down any of your Content if we reasonably believe it (1) violates this Agreement or (2) may affect Eboo, our users, or third parties, in accordance with applicable law.
Unless we reasonably believe that doing so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise expose Eboo or our Affiliates to legal liability; (b) would jeopardise an investigation or the integrity or operation of the Service; or (c) would harm any user, other third party, Eboo, or our Affiliates, we will notify you with the reason for our action.
Copyright Protection
Please contact us if you feel your copyright has been infringed on the Service:
Identify the copyrighted material you feel has been infringed. You can submit a list of copyrighted works if you're reporting several copyrighted works.
Identify the content on the Service that you allege is infringing on your rights, as well as the information we'll need to discover it, such as the Eboo title, Eboo author, and username of the user that posted it.
Postal address, telephone number, and email address.
In the body of your notification, include both of the following statements:
"I have a good faith conviction that the disputed use of copyrighted material, or a reference or link to such material, is not allowed by the copyright owner, its agent, or the law (for example, as a fair use)."
"I hereby state, under penalty of perjury, that the information in this notification is correct, and that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Include your full legal name and your electronic or physical signature (for example, by typing your full name).
Suspension and Termination of Accounts
Terminations by You
You have the option to discontinue using the Service at any time. Please contact us to get all of your data permanently removed.
Terminations by Eboo
Eboo reserves the right to suspend or terminate your Eboo account or your access to all or part of the Service if:
you materially or repeatedly breach this Agreement;
we are required to do so to comply with a legal requirement or a court order; or
we believe there has been conduct that creates (or could create) liability or harm to any user, a third party, Eboo, or our Affiliates.
Notice of Termination or Suspension
We will notify you of the reason for termination or suspension by Eboo unless we reasonably believe that doing so:
would violate the law or the direction of a legal enforcement authority;
would compromise an investigation;
would compromise the integrity, operation, or security of the Service; or
would cause harm to any user, a third party, Eboo, or our Affiliates.
Software Contained in the Service
Unless laws prevent these restrictions or you obtain Eboo's prior consent, you are not permitted to duplicate, alter, distribute, sell, or lease any portion of the software connected with the Service, or to reverse-engineer or attempt to extract the source code of that software.
Other Legal Terms
Warranty Disclaimer
EBOO DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW. THE SERVICE IS PROVIDED "AS IS." FOR EXAMPLE, WE MAKE NO WARRANTIES ABOUT (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SERVICE'S SPECIFIC FEATURES, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EBOO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, TORT, AND OTHER LEGAL THEORIES. THE TOTAL LIABILITY OF EBOO AND ITS AFFILIATES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO USD $500.
Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold Eboo, its Affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including intellectual property rights; or (iv) any claim that your Content caused damage to a third party. This commitment to defend and indemnify will outlive this Agreement and your use of the Service.
Third-Party Links
The Service contains links to third-party websites and online services that are not owned or managed by Eboo. Such websites and online services are outside Eboo's control and accountability. When leaving the Service, be mindful; we recommend that you read the terms and privacy policies of each third-party website and online service you visit.
About this Agreement
Changing this Agreement
We may modify this Agreement to reflect changes to our Service or the way we conduct business, such as when we add new goods, services or features or remove existing ones, (2) for legal, regulatory, or security reasons, or (3) to prevent misuse or harm. We will give you adequate early notice and the chance to review any major modifications to this Agreement, except (1) when we launch a new product or service, or (2) in urgent situations, such as preventing ongoing abuse or reacting to legal requirements. If you do not agree to the new conditions, you should delete any posted Content and discontinue using the Service.
Continuation of this Agreement
The following terms of this Agreement will continue to apply to you if your use of the Service ends: "Other Legal Terms", "About This Agreement", and the licenses granted by you will continue as indicated under "License Duration".
Severance
If a term of this Agreement is found to be unenforceable for any reason, it will have no bearing on the other terms.
No Waiver
If you violate this Agreement and we do not take immediate action, it does not indicate that we are relinquishing any of our rights (such as the right to take action in the future).
Interpretation
"Include" or "including" in these terms means "including but not limited to," and any examples we provide are for illustration only.
Effective as of May 25, 2022