These Terms and Conditions of Use apply between you and Readly AB (registration number 556921-1120), a company organized under the laws of Sweden (hereinafter "Readly"), providing of a web-based subscription service for magazines, newspapers and books in a digital format (the "Service"). The Service is made available via Readly's website http://www.readly.com/ (the "Website") and Readly's application for mobile devices (the "Application"), which can be downloaded from various mobile app stores.
In order to use the Service you must be at least 18 years old or older (or have your parent or guardian's consent) and have a smart phone/tablet or computer with an internet connection. In order to be eligible for an offer in accordance with a certain campaign, you need to fulfil the requirements for such campaign.
These Terms and Conditions of Use (the "Agreement") apply between you and Readly when using the Website, Application and/or Service regardless of whether you have purchased the Service (see section 4.1 below) or it has been made available to you free of charge (see further regarding Readly Free below in section 3). This version of the Agreement shall apply to users who are consumers and unless there is a localized version of this Agreement in your habitual residence. If there is a local version of this Agreement, the local version shall apply instead. Please read through the entire Agreement carefully.
2. ABOUT THE SERVICE
To get access to the Service you must accept and agree to the entire Agreement and create a user account by registering certain personal data (including but not limited to name, email address, country etc.) and choose a personal password ("User Account"). If you wish to subscribe to a Subscription you are also in certain cases required to register your current payment information (such as debit or credit card information or invoicing information, see 4.2 below).
You will get access to the Service by:
(i) downloading the Application to a smart phone, tablet or computer ("Mobile Device") (or by access through the Website);
(iii) logging on to your user account via the Application or the Website.
By registering a User Account you acknowledge and agree to the terms of the Agreement and you are also giving your consent for Readly (and when applicable Readly's co-operation partners) to process your personal data in accordance with Readly's integrity policy, https://readly.com/privacy (the "Integrity Policy").
You can log on to the Application or Website with your username and your password or through "Facebook Connect". Under "My Account" you may order and subscribe to newspapers, magazines and books in a digital format (and in applicable cases digital products in a readable form) (the "Subscription"). The Website and/or the Application outline which titles Readly from time to time offers for each Subscription (the "Content").
By logging on to the Application (or if applicable on the Website) on your User Account you can access, stream as well as download, the Content included in the Subscription you have chosen. You may use your User Account on up to five (5) devices in your household at the same time.
You will find detailed information regarding which Mobile Devices and software programs that the Service supports at each time on http://support.readly.com/. You are responsible for updating your Mobile Device with the software program that is needed from time to time, in order to access the Service.
It is possible to subscribe to several Subscriptions at the same time. Unless expressly stated to the contrary, the Service is only available for private and non-commercial use.
You are responsible for submitting complete, true and correct information and for making sure such information is kept up to date. Readly does not have any obligation to make any inquiries to assess the accuracy of the information provided. Username and password shall be stored securely. You are responsible for all use of the Service that occurs under your username and password. If your username or password is lost or stolen or if you have any reason to believe that there has been an unauthorized access to your User Account, please notify Readly immediately and change your password as soon as possible.
3. READLY FREE
From time to time Readly offers new users, i.e. anyone who has not previously registered a User Account of the Service, to access all or some parts of the Content for a certain Subscription, free of charge, for a limited time ("Readly Free"). Current offers of Readly Free are on the Website.
Readly Free allows you to access all or some parts of the Content during the period stated when you register your User Account, provided that you agree to the applicable terms and conditions. Campaigns may be offered by Readly's co-operation partners in connection with such partner's provision of its goods and services. Please see the specific terms and conditions for each campaign. You can always see which terms and conditions apply to your User Account by logging on to "My Account".
4. PRICE AND PAYMENT FOR SUBSCRIPTION
Readly offers ongoing Subscriptions against payment in advance of a fixed fee each month. In the event that you subscribe to Readly's Services after you have used any form of Readly Free, the time which you have used in Readly Free will be deducted from the number of free days that apply for the Subscription, unless stated otherwise for the campaign in question.
You are required to register current and valid payment information in accordance with any of the payment methods which are offered from time to time and which correspond to the country chosen by you when creating your User Account. This means that you e.g. need a credit or debit card issued in the same country that you are resident in or provide other information required for the payment method in question.
The price for each Subscription is published on the Website (the "Fee"). All prices include value added tax (VAT) (where applicable). By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country.
When you are creating your Subscription you will provide payment information in accordance with the instructions on the Website or the Application. Payment shall be made through the payment methods offered by Readly from time to time for the Subscription in question. For certain Subscriptions, which are included as part of a campaign with a co-operation partner for Readly, payment may be required to be made in a certain way, e.g. by invoicing. The payment terms are in such cases provided in the terms and conditions for such campaign.
Readly Free is provided free of charge, however, please note that you are always responsible for all internet fees and fees for mobile data that may apply when using the Service.
The liability to pay arises after the end of the Readly Free time period, provided Readly has not received a message that you wish to terminate your Subscription before. The Fee is thereafter charged monthly in advance, on the same calendar day of you subscribing to the Service (the "Subscription Period") up until you end the Subscription in accordance with section 6 below. In the event the Fee cannot be charged on the same calendar day a certain month, e.g. if such day should not occur on a business day (expect for public holidays) the Fee will be charged on the next business day.
In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. If you are paying by debit or credit card you are obligated to ensure that the balance, before each new Subscription Period, covers the Fee. If your account cannot be charged, Readly will send you a message thereof and try to charge your account again. As regarding payment with a debit or credit card, new attempts will be made each day for five (5) business days. You will automatically cease to have access to the Content if the Fee has not been paid after the last such attempt.
IMPORTANT NOTICE: READLY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AT THE END OF EACH SUBSCRIPTION PERIOD (THE "RENEWAL DATE") AND, AS AUTHORIZED BY YOU DURING THE SIGN-UP PROCESS, READLY WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR FEE (UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE IN ACCORDANCE WITH SECTION 6 BELOW). EACH SUBSCRIPTION RENEWAL PERIOD IS TYPICALLY FOR ONE (1) MONTH. IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, READLY WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL PERIOD AND EACH SUBSEQUENT MONTHLY SUBSCRIPTION FEE FOR EACH RENEWAL DATE THEREAFTER UNTIL YOU CANCEL.
5. NO RIGHT OF WITHDRAWAL
By creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service via your User Account, which means that you do not have any right of withdrawal from the Agreement because the Service is delivered immediately to you. You agree and approve that you do not have any right of withdrawal except as provided for in accordance with section 6 below.
6. TERMINATION AND SUSPENSION FROM THE SERVICE
You have the right, at any time, to terminate your Subscription via the "My Account" section on the Website. Readly requires a reasonable amount of time to process your cancellation request. If you cancel your subscription, you will have access to the Service until the end of the Subscription Period that you have paid for. After the end of the current Subscription Period you will no longer have access to the Service and will no longer be able to access the Content. Readly does not refund any Fee for the remaining Subscription Period.
Readly recommends that you terminate your Subscription via "My Account" on the Website. If you terminate over the Website, you must do so at the latest before midnight of the last day of the current Subscription Period, in order not to be charged and not prolonging the Subscription for another Subscription Period. Termination by phone or email must be made at the latest at 4 pm on the business day before the end of the current Subscription Period in order not prolong the Subscription for another Subscription Period. Current support times are published on the Website http://support.readly.com/.
Readly has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
Your access to the Service may also be temporary suspended if the Fee cannot be charged for a reason beyond Readly's control. When the Fee has been paid, your access to the Content in your Subscription will be reinstated.
If you have any questions or problems with the Service, please contact Readly's support service. Information regarding the different ways to contact the support is available on http://support.readly.com/. Any complaints are handled by the support team. The contact information is set out in section 18 below.
8. AMENDMENTS TO THE SERVICE, PRICE AND AGREEMENT
Readly strives to continually improve its Content and therefore reserves the right to update and/or change the Content made available in the Service and to make any changes or updates to the Service (or any part thereof), at any time. This may for example imply that Content which initially was available in your Subscription may no longer be made available or is deleted. Readly will not refund any balance of pre-paid subscriptions as a result of the above during a current Subscription Period, provided that the change does not cause unreasonable disadvantage for you.
Readly has the right to change the Fee for future Subscription Periods by giving written notice at least thirty (30) days before it takes effect, due to changes or increased costs for providing the Content. Notifications regarding such price changes are sent to you either in the Application and/or via the contact information provided by you when registering your User Account. You have the right to terminate your Subscription at any time and to withdraw from this Agreement with effect on the end of the Subscription Period which you have paid for. You will be asked to accept such change of the price by accepting the new price the next time you log on.
Readly may from time to time make changes to this Agreement provided that the changes are reasonable for you under consideration of the interest of you and Readly. In such case, you will be notified of such changes. Notification is sent to you, either in the Application or by the contact information provided by you when registering your User Account, at least thirty (30) days prior to the changes enter into effect and you always have a right to terminate this Agreement should you not agree to the changes made with effect at the end of the current Subscription Period. When you are notified of any changes, Readly will remind you of this cancellation right. Upon any material changes to the Agreement, you will be asked to accept the new terms and conditions the next time you log on.
9. INTELLECTUAL PROPERTY RIGHTS
The content of the Service, including but not limited to text, graphics, logos, button icons, images, document, as well as the arrangement and compilations of these, all software used in the Service, and the Content, are the sole property of Readly, Readly's licensors or suppliers (the "Intellectual Property"). The Intellectual Property is, or may be, protected by applicable international laws, including, without limitation, copyright and other laws and agreements that protect intellectual property and proprietary rights. You agree to comply with all such applicable laws and agreements, and not to alter, obscure or remove the notices regarding copyright or ownership rights in such Intellectual Property.
Readly is a trademark of Readly in the EU, Sweden and the United States. Other trademarks, names and logos on this Website, Service and Application are the property of their respective owners. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material is strictly prohibited without the express written consent of the copyright owner or licensor.
The software which is included in the Service and Application is licensed, and not sold, to you. By signing up for the Service you are given a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable right, which is limited in time, to use the software. Readly retains ownership of all copies of the software, even after the software has been installed on your Mobile Device. Readly has the right to assign this license or any part thereof to any third party without restrictions.
You may only use the Content for personal use and only make a few copies of the newspapers, magazines and/or books in accordance with the applicable laws. Further statutory rights of reproduction (copies) under the mandatory copyright law remain unaffected. Unless otherwise stipulated in mandatory copyright law you do not have the right to change or amend the work that constitutes the Content, rent or lease, sell, sublicense or in any other way distribute the Content or created copies of the Content. Readly's status (and that of any identified contributors) as the au-thors of the Content on the Website and/or Application must always be acknowledged.
10. TERMS FOR THE APPLICATIONS
You acknowledge and understand that Readly from time to time may issue updated versions of the Application and that Readly may perform automatic electronic up-dates of the version of the Application that you are currently using in your Mobile Device. You consent to all such automatic updates in your Mobile Device and that this Agreement applies to all such updates.
In accordance with section 9 above, you are only granted a limited license to the Application. Readly, Readly's licensors and/or suppliers maintains ownership to the Application (and any copy of the Application). Standard fees for internet traffic may apply upon using the Application.
This section sets forth the additional terms and conditions that apply with respect to any Application that Readly provides to you designed for use on an Apple iOS-powered Mobile Devices which are downloaded via App Store ("Readly's iOS App"):
(i) You acknowledge that these terms are between you and Readly only, and not with Apple, Inc. ("Apple").
(ii) Your use of Readly's iOS App must comply with Apple’s then-current App Store Terms of Service.
(iii) Readly, and not Apple, is solely responsible for Readly's iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Readly's iOS App or this Agreement.
(iv) You agree that Readly, and not Apple, is responsible for addressing any claims by you or any third-party relating to Readly's iOS App or your possession and/or use of Readly's iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to Readly as provider of Readly's iOS App.
(v) You agree that Readly, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Readly's iOS App or your possession and use of Readly's iOS App.
(vi) You agree to comply with all applicable third-party terms of agreement when using Readly's iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
(vii) You agree that Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of Readly’s iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of Readly's iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Application that Readly provides to you designed for use on an Android-powered mobile device ("Readly's Android App"):
(i) You acknowledge that these terms are between you and Readly only, and not with Google, Inc. ("Google").
(ii) Your use of Readly’s Android App must comply with Google’s thencurrent Android Market Terms of Service.
(iii) Google is only a provider of the Android Market where you obtained Readly's Android App. Readly, and not Google, is solely responsible for Readly’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Readly’s Android App or this Agreement.
(iv) You acknowledge and agree that Google is a third-party beneficiary to the terms as they relate to Readly’s Android App.
The following additional terms and conditions apply with respect to any Application that Readly provides to you designed for use on an Windows-powered mobile device downloaded via the Windows Store ("Readly's Windows App"):
(i) You acknowledge that these terms are between you and Readly only, and not with Microsoft, Inc. ("Microsoft").
(ii) Microsoft and your hardware manufacturer are not responsible for providing support services for the Application. Microsoft is not obligated to provide support services to you related to Readly's Microsoft App.
(iii) Microsoft is only a provider of the Windows Store where you obtained Readly's Windows App. Readly's Windows App connects to computer systems over the Internet, which may include via a wireless network. Using Readly's Windows App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services.
11. PERSONAL DATA
The Service is usually available round the clock, all days a week. However, Readly cannot guarantee that the use of the Service will be uninterrupted or faultless. The Service may from time to time be completely or partially unavailable upon carrying out necessary backup copying, maintenance, improvements, security updates or the like. Readly will, to the extent possible, inform you of any planned interruptions.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Readly, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Website, Application or the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Readly is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Readly is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
14. NO WARRANTY
Readly endeavors to provide the best service possible, however, you agree that THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY LAW, READLY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, TABLET, SMART PHONE OR MOBILE DEVICE. NEITHER WE, OUR LICENSORS NOR THE SUPPLIERS CAN GUARANTEE, EXPRESSLY OR BY IMPLICATION, THAT THE SERVICE OR ITS CONTENTS (INCLUDING NEWSPAPERS, MAGAZINES AND BOOKS) WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR BE FAST, SECURE OR ERROR-FREE.
You are solely responsible for your internet connection. Readly is not at any time responsible for you not being able to download or otherwise access the Service or the Content. Content which is downloaded or otherwise obtained through the use of Service is available at your own risk and we are not responsible for any damage to your computer, smart phone, tablet or other device, or loss of data that occurs as a result of downloading or use of such material.
15. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, READLY EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW READLY IS NOT LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
(i) USE OF, OR INABILITY TO USE, READLY'S SERVICES; OR
(ii) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE.
READLY WILL NOT BE LIABLE FOR:
(i) INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
(ii) LOSS OF PROFITS;
(iii) BUSINESS INTERRUPTION;
(iv) LOSS OF ANTICIPATED SAVINGS;
(v) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
(vi) LOSS DUE TO DOWNTIME, LOSS OF DATA AND SIMILAR LOSSES.
READLY'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE SUBSCRIPTION FEE YOU PAY TO US IN RELATION TO THE PART OF THE SERVICE WHICH HAS GIVEN RISE TO THE CLAIM OVER THE LAST 24 MONTHS.
16. THIRD PARTY LINKS AND RESOURCES IN APPLICATION AND WEB-SITE
Where Readly's Application and/or Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Readly has no control over the contents of those sites or resources.
17. USER ACCESS AND VIRUSES
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services, the Application and/or the Website. You should use your own virus protection software.
You must not misuse Readly's Application or Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Readly's Application, Website, the server on which they are stored or any server, computer or database connected to them. You must not attack Readly's Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. Readly will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Readly's Services will cease immediately.
18. TRANSFER OR ASSIGNMENT
Readly is entitled to transfer or assign all or parts of its rights and obligations under this Agreement. You are not entitled to transfer or assign any rights or obligations under this Agreement.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement is subject to the laws of Sweden, without regard to choice or conflicts of law principles.
Furthermore, you and Readly agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with this Agreement. In case of any dispute with Readly, you may bring your matter to the Swedish National Board for Consumer Disputes (ARN), provided that your matter fulfils ARN's requirements for their cases (e.g. concerning time and value limits). You have the right to bring your claim to a public court as well. If you are a consumer, the aforementioned venues (ARN and public courts) are only additional options. All other venues under the applicable mandatory law of a member state of the European Union or any other jurisdiction remain unaffected.
If any of the terms of this Agreement is found to be inconsistent with the applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Readly's failure to enforce any of the terms of Agreement is not a waiver of such term.
This Agreement is the entire agreement between you and Readly and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and Readly related to the Website, Service and Applications.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.
20. CONTACT INFORMATION
VAT No SE556921112001
Videum Science Park
351 96 Växjö