Terms of Use
Welcome to Yeladim Books!
Access to and use of www.yeladimbooks.com and all associated websites, products, software, services, applications and content (collectively referred to as "the Content") is strictly subject to the following terms and conditions (“Terms of Use”). Tumblebooks reserves the right to update or revise these Terms of Use from time to time and to terminate access to and use of the Content by any registered subscriber or user in accordance with these Terms of Use. By accessing the Content, you acknowledge and agree to these Terms of Use.
1. Authorized Use:
The Content is made available by TumbleWeed Press Inc. ("Tumblebooks") for online use via the Internet solely for personal use by Authorized End Users. Authorized End Users means (a) individual persons and subscribers authorized by Tumblebooks to access and use the Content; (b) in the case of registered subscribers that are schools or school systems, only those students who are currently enrolled at and staff who are currently engaged with the registered subscriber, and their immediate families; (c) in the case of registered subscribers that are libraries, only those persons who hold a valid and current membership in the subscribing library or library system, staff and personnel currently engaged by the registered subscriber, and their immediately families; and (d) in the case of all other registered subscribers, only those individuals or that set of persons identified in writing by the subscriber to Tumblebooks as Authorized End Users. ALL ACCESS TO OR USE OF THE CONTENT BY ANY OTHER PERSON IS PROHIBITTED. ANY USE BY, OR PERMITTING OR ENCOURAGING USE BY, PERSONS WHO ARE NOT AUTHORIZED END USERS MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO AND USE OF THE CONTENT. Any use of the term "You" in these Terms of Use refers to all registered subscribers and all persons who have access to and use the Content, including all Authorized End Users.
2. Appropriate Conduct:
You agree to access and use the Content only for purposes that are legal, proper and in accordance with these Terms of Use. You agree that you will not engage in any activity that interferes with or disrupts Tumblebooks, its servers or networks or any other registered subscriber or Authorized End User.
3. Access to and Use of the Content is Licensed, not Sold - All Rights Reserved:
All software, applications, logos, graphics, image, sound, text, video and other content that is made available as part of the Content is the copyrighted work of TumbleBooks, its affiliates, licensors, or suppliers. All rights including the rights of Tumblebooks' licensors and suppliers are reserved. The use of certain names, titles, characters, phrases, logos, designs, graphics, icons, and trade marks displayed in the Content may contain registered or unregistered trade-marks of Tumblebooks, 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. The Content is protected by copyright as collective works and/or compilation, pursuant to Canadian copyright laws.
4. No Reproduction, Redistribution, or Permitting Unauthorized Use:
Authorized End Users agree not to reproduce, duplicate, copy, sell, trade, or exploit for commercial purposes any portion of the Content. Any reproduction, redistribution, manipulation or permitting or procuring of unauthorized access to the Content other than as permitted by these Terms of Use is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted.
5. Links:
Tumblebooks may provide links to other websites within the Content including, for example, links to videos from YouTube which provide an educational match for our books. Tumblebooks has no control over such sites and resources and you agree that Tumblebooks is not responsible for the availability of such external links, does not endorse, and is not responsible for, any content, advertising, products or other materials on or available from such sites and resources. All video content provided through the use of links of this kind is copyrighted to the owner of such content. All links to videos from YouTube are provided in full compliance with YouTube’s terms of service.
6. Termination and Refusal to Renew Accounts:
Tumblebooks reserves the right to restrict or terminate access to or use of the Content at any time to any registered subscriber or Authorized End User for any reason including, without limitation, any breach or abuse of these Terms of Use. The sole remedy for any such action shall be the refund to a registered subscriber of any pro rata amount of subscriber fees corresponding to any remaining period of a pre-paid subscription. Tumblebooks also reserves the right to refuse to renew the subscription of any registered subscriber for any reason. All applicable provisions of these Terms of Use shall survive the expiration or termination of access to or use of the Content.
7. Disclaimer of Warranties:
7.1 ACCESS TO THE CONTENT IS PROVIDED ON AN "AS IS" BASIS AND TUMBLEBOOKS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE CONTENT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REGISTERED SUBSCRIBERS SUCH AS SCHOOLS AND LIBRARIES SHOULD INDEPENDENTLY VERIFY THAT ALL CONTENT IS APPROPRIATE FOR THE INTENDED AUDIENCE GROUP OR EDUCATIONAL PURPOSE.
7.2 TUMBLEBOOKS DOES NOT WARRANT THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) ANY ERRORS IN THE CONTENT OR IN THE SOFTWARE USED TO PROVIDE THE CONTENT WILL BE CORRECTED. TUMBLEBOOKS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY PART OF THE CONTENT AT ANY TIME AND FROM TIME TO TIME, TEMPORARILY OR PERMANENTLY, WITH OR WITHOUT NOTICE.
7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY ACCESSING THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUMBLEBOOKS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
8. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUMBLEBOOKS SHALL NOT BE LIABLE TO YOU 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 TUMBLEBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ACCESS TO OR USE OF THE CONTENT, ANY INABILITY TO ACCESS OR USE THE CONTENT OR ANY OTHER MATTER RELATING TO THE PRODUCTS AND SERVICES PROVIDED BY TUMBLEBOOKS.
9. Exclusions and Limitations:
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 7 AND 8 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Content Provided by Users:
You acknowledge that any content, offers, information and opinions which you may provide to Tumblebooks at any time and from time to time becomes the property of TumbleBooks, including all copyright, without reservation, and you waive all rights in favor of TumbleBooks. You acknowledge that all or any portion of the content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology for the full terms of any copyright that may exist in such content, without compensation of any kind to the user. This condition does not apply to manuscripts or illustrations or like material being submitted on a commercial basis.
11. Jurisdiction of Ontario:
These Terms of Use are governed by the laws of the Province of Ontario, Canada. You irrevocably atone to the jurisdiction of the courts of Ontario and agree 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.
12. Waiver and Severability:
The failure of Tumblebooks to exercise or enforce any right or provision contained in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court shall endeavor to give effect to the intentions as reflected in the provision and that the remaining provisions of these Terms of Use shall remain in full force and effect.
13. No Third Party Beneficiaries:
You agree that, except as expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.
14. Choice of Language:
You agree that these Terms of Use shall be written in the English language. Les parties aux presentes ont exige que ce contrat et ses accessories soient rediges en anglais.
Any questions regarding the Terms of Use should be directed to info@tumblebooks.com or 416-781-4010 Attention: Ron Zevy