Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING FABLELEARNING.COM or LOGINTOREAD.COM (the “Websites”)
The Websites are fully controlled and operated by Isabella Products, Inc. (“Isabella”) d/b/a Fable Learning. By accessing and using the Websites, you are hereby agreeing to be legally bound by the terms and conditions of Isabella (the “Terms and Conditions”). If you do not agree with all of the following Terms & Conditions, please do not use these Websites.
USE OF THE WEBSITES
By accessing these websites, you warrant and represent to Isabella Products, Inc. that you are legally entitled to do so and to make use of information made available via the Websites.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on these Websites are registered and unregistered trademarks of Isabella. Nothing contained on these Websites should be construed as granting any license or right to use any trademark without the prior written permission of Isabella.
OWNERSHIP OF INTELLECTUAL PROPERTY
The eBooks, book titles, book manuscripts, illustrations, audio recordings, website software, design, text, images, photographs, audio clips, video clips, artwork, graphic materials, and other copyrightable elements (collectively “Materials”), as well as the choice and layout thereof, are the property of Isabella and its subsidiaries, assigns, licensors, and other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. You agree not to reproduce, modify, download, create derivative works from, display, publish, distribute, disseminate, broadcast or circulate in any way the Materials to any third party (including the display and/or distribution of the Materials on a third party website) without the prior written permission of Isabella. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USE AND ABUSE OF STREAMING SUBSCRIPTIONS OR SUBSCRIPTION "APPS"
Access to and use of the Websites is licensed and not sold. When an institution (”Subscriber”) enters into an agreement (“Subscription Agreement”) to pay for a specified term (“Term”) for which the Subscriber will have access to the streaming delivery of the Fable Learning eBooks catalog (“Streaming Service”), said Subscriber will be issued a password or passwords (”Password”) which will enable its individual members (“Members”) to access to the streams. Each Member will be authorized by Isabella to use the Password for the duration of the Subscription Agreement, and will be authenticated on log-in. Should Isabella learn or come to believe, via an independent report, by monitoring numbers of streams, or by any other means, that the Subscriber is unlawfully sharing the Password with unauthorized users, then Isabella shall give written notice to the Subscriber of the suspected or proven Password abuse. Subscriber shall have 15 business days to cure the abuse, after which Isabella has the right, in its sole discretion, to terminate the Subscription Agreement.
CANCELLATION AND REFUND POLICY FOR NON-PERFORMANCE.
Fable Learning endeavors to ensure that no external hyperlinks appear in its products. However, in the event that there is an appearance of external hyperlinks generated by third parties, it does not constitute an endorsement by Isabella, its subsidiaries, authors, or affiliates of the opinions or views expressed by these third party websites. Isabella does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of content appearing on these sites. Furthermore, Isabella is not responsible for the quality or delivery of the products or services provided by or advertised on these sites. As such, neither Isabella nor its subsidiaries or affiliates will be responsible for any errors or omissions, or for the results obtained from the use of information contained on these sites. Isabella will under no circumstances be liable for any direct, indirect, incidental, accidental, or special loss or other damage, whether arising from negligence, breach of contract, misrepresentation, copyright infringement or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
TERMINATION OF ACCOUNTS
Isabella reserves the right to terminate a user’s account if these Terms and Conditions are not followed, including abuse of Materials, unauthorized sharing of passwords, and/or any other such behavior which Isabella, in its sole discretion, deems inappropriate for the Websites.
INFORMATION FOR COPYRIGHT HOLDERS
If you are a copyright owner or an authorized agent for a copyright owner, and believe that any content on the Websites infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: 1) the physical or electronic signature of a person authorized to act on behalf of the copyright owner; 2) identification of the copyrighted work claimed to have been infringed by ISBN and/or other identifying information; 3) identification of the material on the Website that is claimed to be infringing with information sufficient to permit Isabella to locate the material; 4) your contact information, such as an address, telephone number and/or email address; 5) an explanation of why you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6) 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. If you fail to submit all of the information requested, your DMCA notification may not be valid. Isabella's Copyright Agent can be reached at firstname.lastname@example.org, or via Fax: +1 309-405-1865.
DISCLAIMER OF LIABILITY
Isabella shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Websites, any information contained on the Websites, your or your company’s personal information or material and information transmitted over our system. In particular, neither Isabella Products, Fable Learning, nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Use of these Websites shall in all respects be governed by the laws of the state of Delaware, United States of America, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Delaware courts located in New Castle County, Delaware, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to periodically change or update these Terms and Conditions. Such changes and/or modifications become effective immediately upon their posting. It is your responsibility to read, review and understand the revised Terms and Conditions. Your continued use of these Websites shall constitute your acceptance of the revised Terms and Conditions.
If you have any questions, comments or suggestions regarding these Websites' Terms and Conditions, please contact us at:
Isabella Products, Inc.
23 Bradford Street, 2nd Floor
Concord, MA 01742
(T) +1 (978) 287-0007 ext. 106
(Fax) +1 (309) 405-1865
These Terms and Conditions were last updated on October 21, 2016.
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