The parties hereto agree as follows:
Carlos Lischetti hereby grants to the Customer the non-exclusive, non-transferable, right to access and make personal and non-commercial use of Carlos Lischetti’s E-books identified in the Shopping Basket and the Order Confirmation (the “Product”) and provide the Product to the Customer subject to the terms and conditions of this Agreement.
1.1. Description of the Product
The Product is an interactive E-book in digital format for display on a format-compatible electronic reading device that integrates video, audio, or other forms of interactivity like buttons and hyperlinks.
1.2 Videos and other material
The E-books contain links to videos and other reference material. The videos as well as other material linked in the E-book are hosted online, in our Website. It is only possible to access the videos/material if the Customer’s device is connected to the internet.
1.3 Authorized uses
The Customer may download, access and view the Product by means of a format-compatible electronic reading device. For each link sent via e-mail, the Customer is authorized to download five (5) copies of the Product and to transfer them to other electronic reading devices of the Customer, solely for the Customer’s personal use.
The downloading of the Product is possible only through a link provided to the Customer via e-mail, right after payment.
1.4 Restrictions on use of the Product
Except as expressly permitted in writing by Carlos Lischetti, the Customer may not:
1.5 Intellectual Property Ownership
The Product and all linked material are protected under copyright owned by Carlos Lischetti.
The Customer acknowledges that all right, title and interest in and to the Product remain with Carlos Lischetti and its suppliers, except as expressly set forth in this Agreement, and that incurring in any of the restrictions mentioned in clause 1.4 could materially harm Carlos Lischetti and/or its suppliers.
Carlos Lischetti will make the Product accessible to the Customer from the Carlos Lischetti Store at https://carloslischetti.com. The Product will be accessible for download for a period of fourteen (14) days from the date that the Customer submits the Order Confirmation by selecting the “Pay” button thereon.
3.1 Protection from unauthorized access and use
The Customer shall use reasonable efforts to:
– ensure that any passwords or credentials used to access the Product are used only by Customer for its personal use and Customer should not divulge any passwords or credentials to any third party; and
– immediately upon becoming aware of any unauthorized use of the Product, inform Carlos Lischetti and/or take appropriate steps to ensure that such activity ceases and to prevent any recurrence.
3.2 System requirements
Use of the Product requires internet access, and certain software, as specified in the e-shop section of the Website; may require periodic updates, and may be affected by the performance of these factors. Customer agrees that meeting these requirements, which may change from time to time, is the responsibility of the Customer.
4.1 The Price
The Customer shall pay to Carlos Lischetti the “Fee”, including any applicable taxes, for access to and use of the Product at the rates in effect when the charges were incurred. Refunds are not available in the event of a price reduction or promotional offering. In case of any inconvenience during payment, downloading, or any other technical problem that may prevent or unreasonably delay delivery of the Product, the Customer should immediately contact firstname.lastname@example.org.
4.2 Payment Methods
The purchase of the Product is possible only through the Payment methods specified in the e-shop section of the Website.
The term of this Agreement shall commence when Carlos Lischetti processes the Customer’s payment of the Fee, including any applicable taxes, and shall continue to access and use the Product in perpetuity in accordance with the usage provisions of this Agreement. The perpetual access granted hereunder for the above Product is subject to payment of a one-time fee as identified in the Shopping Basket and the Order Confirmation. The right of cancellation of this Agreement ends when the Customer place the order and submit the payment in the e-shop section of the Website.
Carlos Lischetti warrants that use of the Product in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.
Carlos Lischetti is the author and publisher of the E-book and the accompanying material. Carlos Lischetti makes no representation or warranties with respect to the accuracy, applicability, or completeness of the contents of the E-book. The information contained in the E-book is strictly for educational purposes. Therefore, if Customers wish to apply ideas contained in the E-book, they are taking full responsibility of their actions.
Carlos Lischetti expressly disclaims any liability for any claim arising from or out of the Product, including but not limited to misuse of edible and non-edible mediums, errors, inaccuracies, differences between digital version and paper editions, omissions or defects contained therein, and any implied or express warranty as to merchantability.
6.3 Limitation of liability
Except for the express warranties stated herein and to the extent permitted by applicable law, in no event shall Carlos Lischetti or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Agreement, or shall the liability of Carlos Lischetti and its suppliers to the Customer exceed a sum equal to the Fees paid by the Customer, even if Carlos Lischetti or any supplier has been advised of the possibility of such liability or damages.
Risk of loss for the Product transfers when the Customer downloads the Product.
8.1 Force majeure
Neither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement.
The invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.
8.3 Entire agreement
This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
8.4 Governing law
This Agreement will be governed by and construed in accordance with the English law, without regard to conflict of law principles, and the parties irrevocably consent to the exclusive jurisdiction of the courts of England, with respect to any action or suit arising out of or pertaining to this Agreement (except where local law requires).
The Customer shall not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of Carlos Lischetti.