Sumbola Terms of Service

Introduction

Sumbola is an e-publishing platform that allows you, as an author, to share, review and promote your writing, and as a reader, to read web books online. It also allows people with talents like book editors, illustrators, promoters, designers to create their own presence on Sumbola, and then work with authors to help them make their books come to life. This term of service agreement ('agreement') contains the legally binding terms for your use of the Website www.Sumbola.com. By using the Website you agree to be bound by this agreement, whether you are a visitor (which means that you simply browse the Website) or you are a Member (which means that you have registered with 'us' to share and promote your writing or to review other members' writing).
The term 'you' in this agreement refers to a visitor or a member. You are only authorized to use the Website if you agree to abide by all applicable laws and by this agreement.

Your Acceptance of this Agreement

If you wish to use the Website you must read this agreement. Your use of the Website will be considered deemed acceptance of this agreement. Acceptance means that you agree to be legally bound by the terms and conditions contained in this agreement. If you are not willing to accept the terms and conditions contained in this agreement you should leave the Website immediately.

Changes to Terms and Conditions

We may modify this Agreement from time to time and such modification shall be effective upon the terms being posted on the Website. If you do not agree with such modifications you should cease to use the Website. If you use the Website after those terms have been posted on the Website you will be deemed to have accepted them. It is therefore important that you review this agreement regularly to ensure you are updated as to any changes.

Eligibility

By using the Website you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and your use of the Website does not violate any applicable law. We reserve the right to terminate Membership and/or take down your profile if we believe you are less than 16 years of age.

Term and Termination

This agreement will remain in full force and effect while you use the Website. You may terminate this agreement by following the instructions on the 'My Account Settings tab'. We may terminate your use of the Website at any time without warning. Even after termination the sections headed 'Warranty' and 'Indemnity' will remain in effect.

Fees

We reserve the right to alter, depart from or cease offering use of the Website for free at any time. We will inform you of such a decision and you will then be able to decide whether you wish to continue to use the Website. Your continued use of the Website after the proposed fee introduction or modification has been posted for at least one month will be considered acceptance of the proposed fee modification.

Password

When you sign up to the Website ('create my account'), you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user of the Website at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Commercial Use

The Website is for personal use only and may not be used in connection with any commercial endeavors. Unlawful and/or unauthorized use of the Website, including collecting usernames or email addresses of other members by electronic or other means is prohibited. Commercial adverts, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of this agreement. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.

Access to the Website

We work hard to ensure that the Website is available and that transmissions will be error free. However, due to the nature of the Internet, this cannot be guaranteed and accordingly the Website is provided as and when available and on an 'as is' basis. Access to the Website may be restricted from time to time to allow for repairs, maintenance or updating of the Website. We reserve the right to take down the Website at any time.

Content Ownership

We do not claim any right of ownership in any manuscripts, comments, reviews, files, images, jackets, covers, photos, or any other material that you post on the Website ('Content'). After posting your Content on the Website you will continue to retain all your intellectual property ownership rights in such Content and you continue to have the right to use your Content in any way you choose.

Your License to Sumbola

By posting Content on the Website you hereby grant to us a license to use, modify, publicly display, reproduce and distribute such Content on the Website. The license you grant us is (i) non-exclusive which means you are free to license your Content to anyone else, (ii) fully paid up and royalty free which means you will not be paid by Sumbola or anyone else for the use of your Content on the Website, (iii) sub-licensable for the purposes of enabling us to host and maintain the Website via third parties and worldwide (which means the Content will be viewed on a global basis).
This license does not grant us the right to sell your Content as a standalone offering.

Reviews

As the Website is a platform for the exchange of creative ideas and views—be it reviews of your creative work or response to comments posted by you—you may find that you do not agree with the comments of others. Comments made may be negative as well as positive. Accordingly, you agree to waive your right to object to derogatory treatment of your Content.

Warranties

You are solely responsible for the Content posted by you and all other material you transmit to us or other Members You represent and warrant that (i) you own the Content posted by you on the Website or have the right to post the Content on the Website (ii) the Content does not infringe the privacy rights, publicity rights, intellectual property rights or any other rights of any person (iii) the Content does not breach any right of confidence (iv) the Content is not libelous or obscene (v) the Content is not in breach of the Official Secrets Act or any other similar legalization or otherwise unlawful (vii) that if followed any recipes or instructions included in the Content will not cause any harm to any person.

Indemnity

You agree to indemnify us and our affiliates against any loss or damage or expense we or our affiliates suffer or incur as a result of you being in breach of any of the above warranties. This means that you will be responsible for the loss or damage we suffer as a result of you being in breach of your warranties to us.

Our Right to Delete Content

We may delete any Content at any time for any reason including but not limited to where the Content is offensive, infringes the rights of any third party, threatens the safety of any person or is otherwise unlawful. We will not be required to give you any reason for deleting such Content or enter into any dialogue with you. Our decision will be final. Our Exclusion of Liability in Respect to Content Posted on the Website

As we are providing a hosted platform to promote literature we assume no responsibility for monitoring the Website for amongst other things inappropriate or unlawful Content, including but not limited to defamatory content.
Accordingly, we do not endorse or assume any liability for the Content or any damage you may suffer as a result of the Content nor do we make any representation or give any warranty express or implied as to the accuracy or lawfulness of the Content. With the exception of pictures Content is not reviewed by us prior to it being posted by Users.
The Content does not reflect our opinions, views or policies.

Content Which Is Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Content which:
  1. is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains images of nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information;
  6. provides any telephone numbers, street addresses, postal codes, or email addresses;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated e-books or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent;
  15. any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, and we assume no responsibility or liability for this material.

Activity Which is Prohibited

The following is a partial list of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate action against anyone who in our sole discretion violates these provisions, including but not limited to reporting you to the relevant law enforcement authorities.
Prohibited activity includes, but is not limited to:
  1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. Covering or obscuring the banner advertisements on the Website via HTML/CSS or any other means;
  3. any automated use of the system, such as using scripts to add friends or send comments;
  4. interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website;
  5. attempting to impersonate another Member or person;
  6. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
  7. selling or otherwise transferring your profile;
  8. using any information obtained from the Website in order to harass, abuse, or harm another person;
  9. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose or selecting a profile with a commercial purpose as one of your friends; or
  10. using the Website in a manner inconsistent with any and all applicable laws and regulations.
If you become aware of any misuse of the Website please contact us by clicking on the 'Report Abuse' link on the relevant page.

Gift Certificates

  1. Redemption
    Gift Certificates must be redeemed through the Sumbola website, www.Sumbola.com, toward the purchase of eligible products. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient's Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate, the entire amount of the order must be paid with a credit card or other available payment method. To redeem or view Gift Certificate balances, click on the "Payments" option under "My Account" on www.Sumbola.com.
  2. Limitations
    Gift Certificates cannot be used to purchase other Gift Certificates, such as Sumbola Gift Certificates.
    Gift Certificates cannot be returned, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Certificate balances in a Sumbola account may not be transferred.
  3. Our Policies
    Gift Certificates and their use on the Sumbola web site are subject to Sumbola's general Terms of Service and Privacy Policy. Sumbola may provide Gift Certificate purchasers with information about the redemption status of Gift Certificates.
  4. Risk of Loss
    The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without your permission.
  5. Fraud
    Sumbola will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed or used to make purchases.
  6. Limitation of Liability
    SUMBOLA INC. ("SUMBOLA") AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
  7. General Terms
    Sumbola Gift Certificates are issued by Sumbola Inc., a Canadian corporation. When you purchase, receive or redeem a Sumbola Gift Certificate, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Gift Certificate terms and conditions. Sumbola reserves the right to change these Gift Certificate terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.

Currency

All prices indicated on this site are in US dollars (USD) and do not include HST (for Canadian Residents). You will be able to view conversion rates for selected currencies during checkout. Please note that these converted rates are only estimates and fluctuate daily.

Refund Policy

In general, digital content purchased and/or downloaded from Sumbola.com is not returnable, and so we have a strict no refund policy. We do not issue refunds once the order is completed and the product is delivered to your account. As a customer you are responsible for understanding this upon purchasing any electronic book at our site. We provide book titles, covers, summaries, descriptions and prices, so you should be fully aware of the electronic books before you make your purchase.

If there is a problem with accessing an electronic book you have purchased we will work with you to resolve the the problem. Our team is always eager to assist you and deliver highly professional support in a timely manner.

Copyright Policy

You may not post, modify, distribute, or reproduce on the Website any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent.
If you believe your copyright has been copied in a way that constitutes infringement please follow our 'Take Down Notice Procedure'.

Defamatory Material

As we only act as a host for what is a creative platform for the exchange of literary work and ideas we do not review Content. Accordingly, we operate a "notice and takedown" procedure. If you believe the Website contains a defamatory statement please notify us by following the 'Take Down Notice Procedure'. Once this procedure has been followed, we will make all reasonable effort to remove the defamatory content complained about within a reasonable time.

Third Party Software

In order to make full use of the Website you may need to download software and content which may include additional terms and conditions. Such terms and conditions will be deemed incorporated into this agreement to the extent that you download such software or content.

Events beyond our Reasonable Control

We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause which is beyond our control.