Terms of use
Librifly Terms and Conditions
Effective Date: July 7, 2024
Librifly is a service provided by Penta Springs Limited. By accessing or using our services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
1. Definitions
a. "Service" refers to the Librifly website, including all associated features, functionalities, applications, and content.
b. "Content" refers to all images, photos, vectors, illustrations, videos, and other media available on the Service.
c. "User" or "you" refers to any individual or entity using the Service.
d. "License" refers to the rights granted to a User to use the Content in accordance with these Terms and Conditions.
2. Acceptance of Terms
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use our Service.
3. Use of Service
a. Eligibility: You must be at least 16 years old to use the Service.
b. Account Registration: Certain features may require you to register for an account. You agree to provide accurate and complete information and to keep this information up-to-date.
c. Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Licensing and Use of Content
a. License Types: We offer various license types, including royalty-free and rights-managed licenses. The type of license will determine the rights and restrictions associated with the use of the Content.
b. Permitted Use: Content may be used in accordance with the terms of the purchased license. Typical uses include, but are not limited to, marketing materials, advertisements, editorial content, and personal projects.
c. Prohibited Use: You may not use the Content for unlawful purposes, in a defamatory or libelous manner, or in a way that infringes on any intellectual property rights. Additionally, you may not resell, redistribute, or transfer the Content to third parties, except as explicitly permitted by the license.
5. Payment and Billing
a. Pricing: Prices for Content and services are specified on our website. We reserve the right to change prices at any time.
b. Payment Methods: We accept various payment methods. By providing a payment method, you authorize us to charge all fees to that method.
c. Refunds: All sales are final. Refunds are provided only in cases of technical issues or errors on our part.
6. Intellectual Property
a. Ownership: All Content is owned by Librifly or our contributors and is protected by copyright and other intellectual property laws.
b. Trademarks: Librifly and any associated logos are trademarks of our company. You may not use our trademarks without our prior written consent.
7. User Conduct
You agree not to:
a. Violate any applicable laws or regulations.
b. Upload or share any content that is offensive, defamatory, or infringing on intellectual property rights.
c. Engage in any activity that could harm the Service or interfere with other users' enjoyment of the Service.
8. Termination
We reserve the right to suspend or terminate your access to the Service at our discretion, without notice, if you violate these Terms and Conditions or engage in any activity that we deem harmful to the Service or other users.
9. Disclaimers and Limitation of Liability
The Service and Content are provided "as is" without warranties of any kind. We do not guarantee that the Service will be uninterrupted or error-free.
10. Limitation of Liability: To the fullest extent permitted by law, Librifly shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Service or Content.
11. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Service constitutes your acceptance of the modified terms.
12. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us. See the contact page.
By using Librifly, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
13. Additional Terms and Conditions
Librifly provides a range of services including but not limited to: the website [www.librifly.com](http://librifly.com), associated websites, memberships, Text Pack Membership, Book Club Membership, Images, Illustrations, Photography, Books, Hardbacks, Paperbacks, Limited Editions, Collectors Editions, Free Book of the Day, Free Image of the Day, Free Map of the Day, Ebooks, PDFs, associated apps, Articles, Stories, Poetry, Concepts, Poetry Pops, Emily Klimt, Wall Art, Maps, Mugs, Fashion, Notebooks, Calendars, blog text. We reserve the right to modify these terms and our privacy policy at any time without prior notice. Any changes will be posted on this page, and it is the responsibility of the users to review this page periodically. Continued use of our services constitutes acceptance of any new terms.
These Terms of Use govern all use of Librifly services, including all features, functions, website, interfaces, content, apps, and software associated with our service.
14. Librifly services.
memberships, Images, Illustrations, Photography, Books, Hardbacks, Paperbacks, Limited Editions, Collectors Editions, Free Book of the Day, Free Image of the Day, Free Map of the Day, Ebooks, PDFs, associated apps, Articles, Stories, Poetry, Concepts, Poetry Pops, Emily Klimt, Wall Art, Maps, Fashion, Notebooks, Calendars, Text Pack Membership, Book Club Membership.
15. Agreement to the Terms of Use
a. By using our service, you accept and agree to these Terms of Use. If you do not agree, do not use the Librifly service.
b. Librifly is a service provided by Penta Springs Limited.
16. Privacy Policy
Please read our Privacy Policy in conjunction with these Terms of Use.
17. Communication Preferences
a. By providing contact information, such as your email address, you consent to receiving communications from Librifly. It's advisable to retain copies for your records.
b. You consent to receiving promotional communications from us, including newsletters and special offers. You may unsubscribe if you no longer wish to receive these communications.
18. Membership, Text Pack Membership, Book Club Membership, Free Trials, Billing, Cancellation
a. Membership
I. Guest Usage: Guests may use restricted services provided at the discretion of Librifly, which can be withdrawn at any time.
II. Book Club Membership. Paying members have access to additional services, including unrestricted reading of ebooks on the website and PDFs, subject to fair use. With a monthly restriction of 1000 books. One membership is valid for one person or one company and allows up to 1,000 ebooks or PDFs per month. This limit encompasses the combined total of all content types and content services available through the membership.
III. Text Pack Membership: licenses for Articles, Stories, Poems. Subscribe & Save. Downloads per month: 40 - $ 8.99, 100 - $ 17.99, 350 - $ 26.99, 750 - $ 35.99. One membership is valid for one person or one company. This limit encompasses the combined total of all content types and content services available through the membership.
IV. Ongoing Membership: Memberships are billed monthly until canceled by you or us. You must provide a valid payment method and have internet access to use our services. Cancellation must occur before the renewal date to avoid charges for the next month.
V. Different membership options may be available with varying prices, terms, and restrictions. We retain the right to adjust or discontinue any membership plans at our discretion.
VI. Free Trials
a. Free trials are exclusively available to new members, and eligibility is determined by Librifly.
b. Billing commences at the conclusion of the free trial period unless canceled prior to its expiration. There is no notification provided upon the trial's conclusion.
c. Billing
- Recurring Billing: By starting a paid subscription, you authorize Penta Springs Limited to charge your payment method monthly.
- Price Changes: Prices include VAT and other charges. We reserve the right to adjust prices at any time, with notice provided via email for any changes.
- Billing Cycle: Billing occurs monthly, starting on the day your paid subscription begins. We may adjust billing timing as needed. The term "monthly" refers to your billing cycle.
- Refunds are granted at our discretion and do not set a precedent for future cases.
- Payment Methods: If your payment fails, you are responsible for any outstanding amounts, and we reserve the right to cancel your membership. Your payment method may also incur additional charges from your provider.
- Cancellation: Membership and service access end immediately upon cancellation, with no refunds or credits for partial months.
19. Librifly Service
a. You must be 16 or older to use our service.
b. Text Pack Membership or Book Club Membership grants a limited, non-transferable license to access the service. No other rights, title, or interest are transferred.
c. We may change any aspect of our service at any time and include you in or exclude you from testing without notice.
d. Use the service in accordance with applicable laws and do not misuse the content or software. Unauthorized activities include, but are not limited to, reproducing, distributing, or modifying content, circumventing protections, or interfering with the service.
e. Reproducing, distributing, or modifying content is allowed for Text Pack Members.
f. Service availability and quality may vary. You are responsible for internet access charges.
g. You are responsible for the activity of users who access the service through your account if you fail to log out or deactivate your device.
h. We may terminate or limit service use without notice or compensation if you violate these terms or engage in illegal use.
20. Printed Book Purchase
A Purchase agreement
I. Purchase agreements for the purchase of printed books are made with Penta Springs Limited.
II. Orders are accepted upon receipt of payment. Upon successful placement of your order, confirmation and purchase agreement details will be emailed to you.
III. Sales invoices will be issued via email to the address provided during registration.
IV. We reserve the right to withdraw from any purchase agreement in the event of errors or inaccuracies in the goods or pricing listed on our website. Should such errors occur, we will promptly contact you to confirm whether you wish to proceed with the amended terms or cancel your order.
V. All sales are final. Customers have the opportunity to preview restricted content before making a purchase. We do not entertain cancellations or returns for undamaged items as all goods are printed on demand. Printed on demand goods are typically non-returnable because they are custom-made to fulfill specific orders. Unlike mass-produced items, these goods are created individually for each customer, making it difficult to resell them if returned.
B. Availability of Goods
If we are unable to deliver the goods you ordered, we will promptly notify you. Any amount debited from your payment method will be refunded, and you will receive an email notification to the address listed on your account. We do not guarantee compensation for any inconvenience caused.
C. Delivery of Goods
Librifly will dispatch the goods ordered to the contact and address details provided at the time of purchase. For deliveries outside the EU or USA, the recipient assumes responsibility as the declarant and importer into the destination country. This includes handling customs clearance and payment of any applicable duties and taxes. Estimated delivery times provided on our website are approximate and based on availability and standard processing times by delivery companies. Ownership of the goods transfers to you upon dispatch. All prices include VAT when applicable.
d. Customs Charges
Import duties and taxes are your responsibility. Check with local customs for information on applicable charges.
e. Liability
I. Notify us of any issues with delivered goods within 10 working days, including photographic evidence. We may replace or refund defective goods at our discretion.
II. Notify us if goods are not received within 30 days of dispatch.
III. Our only obligation is to address shortages, non-delivery, or defective goods.
IV. We are not liable for any loss or damage beyond what is explicitly described.
V. Consumer rights under local law are not affected.
VI. No third-party rights are created by this contract.
f. Force Majeure
We are not liable for failures or delays caused by events beyond our control.
21. Disclaimers of Warranties and Limitations on Liability
a. The service, including all content and software, is provided "as is" without warranty. We do not guarantee uninterrupted or error-free use of the service.
b. We are not liable for personal injury, special, incidental, indirect, or consequential damages, loss of data, or unauthorized access resulting from your use of the service.
c. Some jurisdictions do not allow exclusions of certain warranties or limitations on liability, so some limitations may not apply.
d. These terms do not affect non-waivable statutory rights. If any provision is held invalid, the remaining provisions remain in effect.
22. Intellectual Property
a. Copyright
I. The service is protected by copyright, trade secret, and other intellectual property laws.
II. All content, including text, ebooks, PDFs, images, and descriptions, is copyrighted by Librifly.
III. Ebooks may be copied or printed for personal or educational use only. They may not be sold, modified, or reverse-engineered.
b. Trademarks
Librifly, Poetry Pops, Emily Klimt are registered trademarks of Penta Springs
c. Allegations of Copyright Infringement
Contact us if you believe your work has been infringed. Provide details of the infringing material, location on our website, evidence of ownership, your contact information, and a statement of accuracy. Upon receiving a valid notice, we will investigate the claim and remove or disabling access to the material.
23. Jurisdiction
a. These terms are governed by the laws of Hong Kong.
b. You may also have applicable consumer protection rights under your local jurisdiction.
24. Utilization of Submitted Information
Librifly may use any feedback, information, ideas, reviews, or other materials you provide for any purpose without compensation. You agree not to enforce any "moral rights" in such feedback, to the extent permitted by law.
25. Delivery
Librifly delivers to customers in most locations worldwide. Customers are responsible for covering delivery costs, which are in addition to the product's price and may vary based on the delivery location and type of products ordered. Additional charges may apply for remote or difficult-to-access locations requiring special attention. Standard delivery charges are displayed on our checkout page; however, we reserve the right to notify you of any additional delivery charges specific to your delivery address.
a. Delivery Estimates and Responsibilities
Librifly cannot guarantee specific delivery dates and accepts no responsibility for products delivered after the estimated date, aside from notifying you of any known delays. Standard delivery times are provided on our site as average estimates, but actual delivery times may vary, with some deliveries taking longer or arriving sooner. All delivery estimates given when placing and confirming an order are subject to change. We will make every effort to inform you of any changes. Our goal is to make the delivery process as straightforward as possible.
26. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles.
27. These terms and conditions constitute the entire agreement between you and Librifly. Any waiver must be explicitly expressed in writing and agreed upon by Librifly.
28. Limitation of Liability
Please note the images and the text are representative of the time they were made. Frequently terms are used that would not be used today.
However, in view of the integrity of the historic content, the images and texts have been presented as originally made. The content;
image, caption, description, all text and all other information is delivered 'as is' and any warranty is excluded. The content provider will not be
liable for any damages arising out of the use of the content. Reasonable efforts are made to ensure the correctness of the content.
However, we are not giving a warranty to the accuracy, reliability and correctness of the content. It is your responsibility to determine
whether your proposed use violates copyright, and if so, to obtain permission from the copyright owner. You, the user, are legally liable
for complying with the provisions of the law. You understand the granting of permission to publish does not absolve the end user from copyright liabilities.
You will not hold the content provider or any of his directors or employees liable for any damages stemming from the use of this content. This includes costs and expenses based on the violation of rights of ownership, infringement of copyright, invasion of the rights of privacy or laws of libel resulting from use of materials furnished. If you want to use the image commercially, or want to use the text commercially you might also need permission from the model, artist, writer, editor, translator, owner, estate, trademark or brand.
Commercial use includes advertising, marketing, promotion, packaging, advertorials, and consumer or merchandising products.
Penta Springs Limited. Hong Kong 2023
Disclaimer Maps, Cartascapes, Timeless Maps
The accuracy and completeness of the map may be subject to limitations and potential errors.
1. Scale and Measurement:
- The scale bar on the map is intended to provide a general indication of distances, but users are encouraged to verify actual distances using appropriate measurement tools.
The accuracy of the scale may vary based on factors such as map projection and data sources.
2. Data Sources:
- The information on this map is derived from various sources, and while efforts have been made to ensure accuracy, discrepancies or
outdated information may exist. Users should cross-verify critical data points and consult additional sources for confirmation.
3. Map Projection:
- The map may use a specific projection that could introduce distortions in size, shape, or distance. Understanding the characteristics of the chosen projection is important for interpreting the map accurately.
4. Changes and Updates:
- Geographic and environmental conditions can change over time. Users are advised to stay informed about updates, changes, or modifications to the areas represented on this map.
5. User Responsibility:
- Users are responsible for their interpretation of the map and its data. Reliance on this map for decision-making, navigation, or any other purpose is at the user's own risk.
6. Legal Disclaimer:
- This map does not constitute legal, engineering, or surveying advice. Users should consult with qualified professionals for specific and accurate information related to legal boundaries, property lines, or other precise details.
By accessing and using this map, users acknowledge and accept the terms of this disclaimer. The creators and providers of this map disclaim any liability
for damages or losses resulting from the use or interpretation of the information contained herein.
Penta Springs Limited. Hong Kong 2023