b. Forgotten Books is a service provided by FB &c Ltd.
3. Communication Preferences
a. By providing communication information such as email address, you consent to receiving communications from Forgotten Books. You agree that any communications provided to you electronically satisfy legal communication requirements, including that such communications be in writing. Copies of electronic communications should be kept by you for your own records.
b. You also consent to receiving promotional communications from us including newsletters, special offers, promotional announcements and other promotional content. If you no longer want to receive non-compulsory communications, you may unsubscribe.
4. Membership, Free Trials, Billing and Cancellation
i. Guest Usage
Guests may use restricted services provided by Forgotten Books as the discretion of Forgotten Books. These services can be withdrawn at any time for any reason.
In addition to the services provided to guests, paying members have access to further services and unrestricted reading for personal use of ebooks on the Forgotten Books website and PDFs downloaded, subject to fair use. One membership is valid for only one person. This “unrestricted” access is limited to 1,000 books per month.
iii. Ongoing Membership.
Forgotten Book paid membership will be billed each month until cancelled by you or by us. You must provide a current, valid, accepted method of payment to use our service and must have access to the Internet to use our services. Your subscription fee will be billed on a monthly basis. Membership cancellation must occur before the renewal date in any month in order to avoid billing of the next month's fees.
iv. Differing Memberships.
We may offer differing memberships, including trials, promotional plans or subscriptions, with different price, conditions and limitations. We reserve the right to modify, terminate or otherwise amend any of our membership plans at any time.
b. Free Trials
i. Forgotten Books may offer free trials for promotion or for other reasons. Free trials are for new members only. Forgotten Books reserves the right to determine your eligibility for a free trial.
ii. We will begin billing your Payment Method for the agreed fees at the end of the free trial period unless subscription is cancelled prior to this time.
iii. No notification is given when the trial period has ended.
i. Recurring Billing.
In beginning your Forgotten Books paid subscription, you authorize Forgotten Books to bill you the agreed monthly membership fee to your Payment Method.
ii. Price and Price Changes.
iii. Billing Cycle.
We may provide a full or partial refund, discount, or additional download credits at our own discretion. Refunds are only given at the discretion of Forgotten Books. The provision of a refund or credits in one instance does not entitle you to or obligate us to provide the same in the future for similar instances or under any circumstance.
v. Payment Methods.
If a required payment is not successfully settled for any reason, you will be responsible for any uncollected amounts and authorize us to continue charging your listed Payment Method, or to cancel your membership at our discretion. This may result in a change to your payment billing dates. Some credit or debit card issuers may charge a foreign transaction fee or other charges. Check with your credit or debit card provider for details.
On cancellation your membership and access to Forgotten Books services ends immediately. There are no refunds or credits for partial month use.
5. Forgotten Books Service
a. You must be 13 years of age or older to use the Forgotten Books service.
b. The service and any content viewed through the service are for personal and non-commercial use only. During Forgotten Books membership, Forgotten Books grants a limited, non-exclusive, non-transferable, license to access the service. Excluding the abovementioned limited license, no right, title or interest shall be transferred.
c. Forgotten Books may change any aspect of our service at any time. We also test various aspects including website, user interfaces, promotional features and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from any testing without notice. We reserve the right to make changes from time to time and without notice in how we offer and operate our service.
e. The availability of or service or any part of, including available books, may change at any time. The availability and quality may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, or your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on such charges.
f. If you fail to log out of the service or deactivate your device, in the event of loss or theft you are responsible for the activity of subsequent users who may access the service through your account and access any account information therein.
6. Physical Book Purchase
a. The Contract
i. Any contract for physical book purchases made through the Forgotten Books website will be with FB &c Ltd., whose registered office is situated at: FB &c Ltd., Dalton House, 60 Windsor Avenue, London, England, SW19 2RR
ii. Forgotten Books must receive payment of the whole cost of the goods ordered before the order can be accepted, and the contract formed. Once payment is received Forgotten Books will confirm that your order has been successfully placed and accepted via email to the email address provided by the customer during registration. This email will include full details of the contract as defined by EU regulations. Forgotten Books’ acceptance of your order brings into existence a legally binding contract on these terms. Any other term sought to be imposed by you will not form part of the contract. As both customer offer acceptance and contract formation will occur together, no customer withdrawal period may apply.
iii. You consent to receive sales invoices via email to the email address you provide.
iv. Forgotten Books shall be entitled to withdraw from any contract if any errors or inaccuracies are found in regard to the goods on our website. If an error or inaccuracy is discovered in the advertised price of the goods ordered, you will be contacted as soon as possible to inform you of the correct price, and to ask you if you wish to continue with the order at the amended price, or to cancel the order.
v. Customers may view any of our books' content in restricted form on our web site before purchasing, as such we do not accept any cancellations or returns for undamaged items as the customer has the opportunity to view the product before purchasing. All sales are final.
b. Availability of goods you order
If we are unable to deliver the goods ordered by you, we will notify you as soon as we are able, any sum debited from your payment method will be re-credited to your account and Forgotten Books will notify you via email to the address listed on your account. There will be no obligation to offer any compensation.
c. Delivery of goods to you
i. Forgotten Books will post the goods ordered by you to the contact and address details given to us at the time of order. For goods delivered outside of the EU or USA, the consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of duties and taxes where charged.
ii. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
iii. You will become the owner of the goods ordered when the goods are despatched to you.
d. Value Added Tax (VAT)
All prices displayed on the Forgotten Books website are inclusive of applicable VAT.
e. Customs charges
Your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. You accept that Forgotten Books has no control over any charges in relation to customs clearance. It is recommended that you check with your local customs officials or relevant persons to ensure you have all relevant information regarding importation taxes/duties that may be applicable to your order, before placing said order.
i. If the goods delivered are not what was ordered by you or are damaged or defective or the delivery is of an incorrect quantity, Forgotten Books shall have no liability to you unless notified via the contact form on the Forgotten Books website?within 10 working days of the delivery of goods in question, including photographic evidence of the issue. At our discretion, Forgotten Books may opt to provide a replacement for damaged goods or to refund the purchase cost of the goods in question. Any repeat claims of fault or damage will be addressed only pending an investigation of the circumstances.
ii. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Forgotten Books shall have no liability to you unless you notify us in writing at the customer support address of the problem within 40 days of the date on which the goods were despatched to you.
iii. If notified of a problem under this condition, our only obligation shall be, at our discretion, to make good any shortage or non-delivery; to replace goods that are damaged or defective; or to refund to you the amount paid by you for the goods to the original method of payment.
iv. Forgotten Books will not be liable for any loss or damage arising out of any problem of which you notify us under this condition and further shall have no liability to pay any money by way of compensation except as explicitly described in section 6.f) of these terms.
v. Nothing in this condition is intended to limit any rights you have as a consumer under applicable local law that may not be excluded.
vi. Nothing in this contract creates any right enforceable by any person who is not a party in the contract.
g. Force Majeure
Forgotten Books shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
7. Disclaimers of Warranties and Limitations on Liability
a. THE FORGOTTEN BOOKS SERVICE, ALL CONTENT, SOFTWARE AND ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" INCLUDING ANY FAULTS AND WITHOUT WARRANTY OF ANY KIND. FORGOTTEN BOOKS PROVIDES NO GUARANTEE, REPRESENTATION OR WARRANTY THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FORGOTTEN BOOKS EXPLICITLY DISCLAIMS LIABILITY FOR THE USE OF THIRD PARTY APPLICATIONS AND DEVICES AND FORGOTTEN BOOKS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, FORGOTTEN BOOKS, ITS ASSOCIATED COMPANIES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (JOINTLY OR SEVERALLY) SHALL IN NO EVENT BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES, LOSS OF DATA OR UNAUTHORISED ACCESS OF YOUR DATA, FORGOTTEN BOOKS ACCOUNT OR DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE AS A RESULT OF YOUR USE OF THE FORGOTTEN BOOKS SERVICE.
c. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES THEN SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
8. Intellectual Property
i. The Forgotten Books service, including all content, is protected by England and Wales and international copyright, trade secret and other intellectual property laws and treaties.
ii. All content in the Forgotten Books service including but not limited to text, e-books, PDFs, images and descriptions are copyright of Forgotten Books. While the original editions of many of these works may be in the public domain, our editions are copyright Forgotten Books.
iii. The e-books may be copied or printed for personal or educational use only. None of the e-books or any part of our content may be sold individually or as part of a package, modified in any way or reverse engineered.
Forgotten Books is a registered trademark of FB &c Ltd.?
c. Claims of Copyright Infringement?
Forgotten Books will never knowingly include material copyrighted to others unless covered by fair use guidelines. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Forgotten Books service please contact us. You will be asked to supply: details of the infringing material, specific locations of the material on our website, evidence of your ownership of the copyright or evidence from the owner of the copyright empowering you to act on their behalf, your address, telephone number and email, and a statement by you that, under penalty of perjury, the information you have given is correct.
9. Governing Law
b. You may also be entitled to any applicable consumer protection rights under the laws of your local jurisdiction.
10. Use of Information Submitted
Forgotten Books may use any comments, information, ideas, concepts, reviews, techniques or any other material included in any communication you send to us ("Feedback"), information given in to questionnaires or through postings anywhere on the Forgotten Books website or app, without compensation, acknowledgement or payment to you for any purpose including but not limited to the development, manufacture, marketing products and creation, modification or improvement of the service. You also agree that you will not enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
You also acknowledge and understand that, with respect to any dispute with Forgotten Books, our associated companies or subsidiaries or any of their shareholders, directors, officers, employees, agents or representatives, arising out of or relating to your use of the Services or this Agreement:
YOU ARE RELINQUISHING YOUR RIGHT TO A TRIAL BY JURY; and
YOU ARE RELINQUISHING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, IN ANY OTHER REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
The original English version of these terms and conditions has been translated into other languages for the benefit of the Service users. Translated versions are a courtesy and office translation only and no rights may be derived from any translated version. In the event of any dispute regarding the contents or interpretation of these terms and conditions or the event of any inconsistency or discrepancy among the English version and any alternative language version of these terms and conditions, the English language version shall apply, prevail and be conclusive, to the extent permitted by law. The English version has been made available on the Forgotten Books website (select the English language setting) and can be requested by written appeal via the contact form on the Forgotten Books website.