Paid Access End User License Agreement
PLEASE READ THIS PAID ACCESS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE PURCHASING, DOWNLOADING, OR ACCESSING CESTOL COMMERCIAL CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT ACCESS, PURCHASE, OR DOWNLOAD CESTOL COMMERCIAL CONTENT.
1. Other Terms Incorporated
The following additional Cestol terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:
2. Options for Paid Access
Cestol provides You with access to eBooks, Magazines, Document Templates and Journals & Articles from participating publishers and Users (“Cestol Commercial Content”) in one of two ways – either by Direct Purchase or by paid Membership.
i. Memberships. In the case of Membership, Cestol, and the participating publishers or Users, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use all or part of Cestol Commercial Content available under Your Membership for Your personal reference and informational purposes.
ii. Direct Purchases. In the case of Direct Purchases, Cestol, and the participating publisher or User, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use a digital copy of the selected Cestol Commercial Content for Your personal reference and informational purposes. Additional terms and conditions (i.e., additional usage limitations) may apply to Your access to Cestol Commercial Content in which case those terms will be communicated to you in connection with your access to such content. For example, the rights granted to You do not include the right to download a copy of the selected Cestol Commercial Content unless the such terms are provided with the Cestol Commercial Content you have selected for Direct Purchase.
Regardless of which access option You have selected (Direct Purchase or Membership) Your access to and use of the Cestol Commercial Content is subject to the following restrictions:
i. Cestol Commercial Content is provided for Your personal non-commercial use only;
ii. No commercial or promotional use rights are granted in any Cestol Commercial Content;
iii. You may not sell, distribute, or display any Cestol Commercial Content other than for personal use;
iv. You may not share, lend, or rent copies of Cestol Commercial Content;
v. You may not disable or circumvent Digital Rights Management (DRM) supplied with Cestol Commercial Content;
vi. You may not exceed usage limitations set by content providers (participating publisher or User);
vii. You may not make copies of all or any portion of any Cestol Commercial Content;
viii. You are prohibited from making any public display or public performance of Cestol Commercial Content, or sharing accounts that allow access to Cestol Commercial Content; and
ix. The ability to print, copy, paste and/or download may be restricted by the participating publisher or User who submitted the Cestol Commercial Content
In addition to the foregoing, if You have obtained access to Cestol Commercial Content by purchasing a Membership, except for any limited time promotions, Your access to the Membership is conditioned upon timely payment and maintenance of Your Membership account; and You will not have access to Cestol Commercial Content if Your Membership is cancelled, allowed to lapse, or terminated for non-payment.
Your subscription entitles you to access unlimited Commercial Content in the Cestol library under Your Membership during the subscription period. For a small percentage of Cestol users who consume an unusual volume of materials, not every Commercial Content in the Cestol library will be immediately available. Cestol reserves and shall have the right in its sole discretion to add, modify, withdraw or delay at any time any particular Cestol Commercial Content from access by you for any reason including, without limitation, based on the costs incurred by Cestol for making such content available to You or the nature of your use of the cestol.com website. Cestol makes no guarantee as to the availability of specific titles or the timing of their availability.
4. Payments and Billing
i. For Direct Purchases and Memberships, the current fee amounts and any materially different terms from those described to you in this Agreement will be disclosed to you at sign-up or in other communications made available to you. When You purchase a Membership or a Direct Purchase (such purchase, a “Transaction”), we may ask You to supply additional information relevant to Your Transaction, including, without limitation, Your credit card number, the expiration date of Your credit card and Your billing address (such information, “Payment Information”). You represent and warrant that You have the legal right to use all payment method(s) represented by any such Payment Information. When You initiate a Transaction, You authorize us to provide Your Payment Information to third parties so we can complete Your Transaction and to charge Your payment method for the type of Transaction You have selected; You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information).
ii. If You elect to purchase a monthly Membership, You will be charged the monthly Membership fee (“Membership Fee”) at the beginning of the paying portion of Your Membership and each month thereafter, respectively, at the then-current rate. If You elect to purchase a monthly Membership, we will automatically charge You each month, on the calendar day corresponding to the commencement of the paying portion of Your Membership, using the Payment Information You have provided. In the event Your Membership began on a day not contained in a given month, we may charge Your payment method on a day in the applicable month or such other day as we deem appropriate. For example, if You started Your Membership on January 31st, Your next payment date is likely to be February 28th, and Your payment method would be billed on that date.
iii. By entering into the Agreement and electing to purchase a monthly Membership, You acknowledge that Your Membership has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Membership by You or Cestol. We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Membership continues until cancelled by You or we terminate Your access to or use of the Cestol Platform or the Membership in accordance with this Agreement (and the Terms of Service which forms part of this Agreement).
iv. Cestol may offer a free trial Membership (“Free Trial”) for a specified period of time (“Free Trial Term”). If we offer You a Free Trial, the specific terms of Your Free Trial will be provided at sign-up and/or in the promotional materials describing the Free Trial. A Free Trial may not be combined with any other offer. If you cancel your Free Trial before the expiration of the Free Trial Term, you may not be eligible to use any unused portion of such Free Trial Term the next time you sign up for a Cestol Membership, even if Cestol continues to offer the Free Trial that you were previously offered. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously completed a Free Trial for a Membership to the Cestol Platform. Unless You cancel Your Membership prior to the end of Your Free Trial, we (or our third party payment processor) will begin charging Your payment method on a recurring basis for the Membership Fee (plus any applicable taxes and other charges) until You cancel Your Membership. Instructions for cancelling Your Membership are stated below under the Section titled “Cancellation and Termination”. You may not receive a notice from Cestol that Your Free Trial has ended or that the paid portion of Your Membership has begun. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.
5. Refunds and Replacements
All fees and charges are non-refundable and there are no refunds or credits, except as expressly set forth in our Refund Policy. As further described in the Refund Policy, if there is a defect in any Cestol Commercial Content, in certain cases you may receive a replacement rather than a refund.
6. Cancellation of Memberships
You may cancel Your Membership with Cestol at any time. AS STATED IN OUR REFUND POLICY WITH RESPECT TO MEMBERSHIPS, THERE ARE NO REFUNDS OF ANY FEES OR CHARGES FOR MEMBERSHIPS. IF YOU CANCEL YOUR MEMBERSHIP, YOU WON’T RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION. To cancel a Membership, you can do so through the Cestol Platform by logging into the Site or the App and going to My Account. You may also email email@example.com to initiate cancellation of a Membership. You will be responsible for all Membership Fees (plus any applicable taxes and other charges) incurred before the effective date of your cancellation. If you cancel, your cancellation will be effective immediately, but Cestol will allow You to access the Cestol Commercial Content until the most recently paid-up Membership period ends, and then will terminate Your access to Cestol Commercial Content, including any Cestol Commercial Content that You accessed using Your Cestol Credits. Cancelling Your Membership won’t cancel Your Account. For example, if You made a Direct Purchase of certain Cestol Commercial Content, You will continue to be able to access such Cestol Commercial Content after cancelling Your Membership, unless Your account is terminated. See Section 9 below titled “Term and Termination,” for information on terminating Your account.You agree that Cestol may terminate Your Membership and/or account for non-payment of Membership Fees. In the event of any cancellation or termination of your Membership or account, we may remove and discard all or any part of Your account, User profile, and any content related to Your account, at any time.
7. Removal of Content
Regardless of which purchase option You have selected, Cestol reserves the right to modify or withdraw at any time any Cestol Commercial Content from access by You at the request of its publisher or for any other reason. If Cestol removes or deletes a particular piece of Cestol Commercial Content to which You have purchased access, Cestol reserves the right to revoke Your access. If Cestol revokes Your access, Cestol may provide a refund to You or offer You another form of compensation at Cestol’s sole discretion. If Cestol removes any particular piece of Cestol Commercial Content to which You have purchased access through a Direct Purchase, subject to any usage limitation for that content, Cestol may provide (at Cestol’s sole discretion) to You a limited window of time in which to download such removed Cestol Commercial Content.
8. Term and Termination
This Agreement begins on the date on which You accept its terms and continues until terminated. We may terminate this Agreement (including Your account), or suspend or terminate the Cestol Platform, with or without cause, at any time and without notice to You. Please refer to the Cestol Terms of Service for additional terms applicable to the cancellation or termination of Your account. Upon any cancellation or termination of this Agreement and/or Your account, the rights and licenses granted to You under this Agreement will automatically terminate. This means that, among other things, You will no longer have access to any Cestol Commercial Content to which you have purchased access via the Cestol Platform.
Cestol Paid Access EULA (Effective: March 10, 2019)
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